Identifying Dangerous Sexual Offenses

By: Larry Kohn, Criminal Lawyer Near Me for Defending Sexual Offenses in Georgia

Georgia law defines what are “dangerous sexual offenses,” and OCGA section 42-1-12(a)(10) splits a “dangerous sexual offender” into categories based on the date of conviction. On July 1, 2017 new statutes took effect, and those laws clarified some constitutionally questionable prior Georgia laws.

For any prior convictions finalized between July 1, 2015 and June 30, 2017, from any jurisdiction and having the same or similar “elements,” the State of Georgia will count that as a prior offense. In general, crimes from other states (e.g., Alabama sex crimes) criminalizing the following sex offenses (or their functional equivalent) and this conduct will be considered a dangerous sexual offense:

• Aggravated assault with the intent to rape in violation of Code Section 16-5-21;
• Kidnapping in violation of Code Section 16-5-40 which involves a victim who is less than 14 years of age, except by a parent;
• Trafficking a person for sexual servitude in violation of Code Section 16-5-46;
• Rape in violation of Code Section 16-6-1;
• Sodomy in violation of Code Section 16-6-2;
• Aggravated sodomy in violation of Code Section 16-6-2;
• Statutory rape in violation of Code Section 16-6-3, if the individual convicted of the offense is 21 years of age or older;
• Child molestation in violation of Code Section 16-6-4;
• Aggravated child molestation in violation of Code Section 16-6-4, unless the person was convicted of a misdemeanor offense;
• Enticing a child for indecent purposes in violation of Code Section 16-6-5;
• Sexual assault against persons in custody in violation of Code Section 16-6-5.1;
• Incest in violation of Code Section 16-6-22;
• A second conviction for sexual battery in violation of Code Section 16-6-22.1;
• Aggravated sexual battery in violation of Code Section 16-6-22.2;
• Sexual exploitation of children in violation of Code Section 16-12-100;
• Electronically furnishing obscene material to minors in violation of Code Section 16-12-100.1;
• Computer pornography and child exploitation in violation of Code Section 16-12-100.2;
• Obscene telephone contact in violation of Code Section 16-12-100.3; or
• Any conduct which, by its nature, is a sexual offense against a victim who is a minor or an attempt to commit a sexual offense against a victim who is a minor.

With respect to convictions after June 30, 2017, a dangerous sexual offense means any criminal offense of the same or similar elements of the following offenses:

• Aggravated assault with the intent to rape in violation of Code Section 16-5-21;
• Kidnapping in violation of Code Section 16-5-40 which involves a victim who is less than 14 years of age, except by a parent;
• Trafficking an individual for sexual servitude in violation of Code Section 16-5-46;
• Rape in violation of Code Section 16-6-1;
• Sodomy in violation of Code Section 16-6-2;
• Aggravated sodomy in violation of Code Section 16-6-2;
• Statutory rape in violation of Code Section 16-6-3, if the individual convicted of the offense is 21 years of age or older;
• Child molestation in violation of Code Section 16-6-4;
• Aggravated child molestation in violation of Code Section 16-6-4, unless the person was convicted of a misdemeanor offense;
• Enticing a child for indecent purposes in violation of Code Section 16-6-5;
• Sexual assault against persons in custody in violation of Code Section 16-6-5.1;
• Incest in violation of Code Section 16-6-22;
• A second conviction for sexual battery in violation of Code Section 16-6-22.1;
• Aggravated sexual battery in violation of Code Section 16-6-22.2;
• Sexual exploitation of children in violation of Code Section 16-12-100;
• Electronically furnishing obscene material to minors in violation of Code Section 16-12-100.1;
• Computer pornography and child exploitation in violation of Code Section 16-12-100.2;
• Obscene telephone contact in violation of Code Section 16-12-100.3; or
• Any conduct which, by its nature, is a sexual offense against a victim who is a minor or an attempt to commit a sexual offense against a victim who is a minor.

For more details within each statute, copy and paste the Code Section into a Google search. Your search should reveal Justia.com or Gnesa.org pages with the full text of each specific law.

To learn more about your criminal case, veteran criminal defense attorney Larry Kohn gives a FREE consultation. Why not confer with a criminal defense lawyer near me and find out what can be done to avert this situation, and to learn about our legal services for accused sex offenders. Acting early can be a huge advantage in some sex crime cases. Our lawyers in Atlanta contact the necessary people to resolve some cases involving less serious sexual acts (e.g., sexting).

If you are calling our law firm for a family member who faces serious child molestation, date rape, child sex abuse, sodomy, statutory rape, or sexual battery charges in Georgia, let us guide the criminal defense for your case. A sex crime criminal prosecution is like being diagnosed with cancer, in that the potential penalties and consequences are life-altering.

The Georgia sex offender registry requirement, after coming out of prison, is for the REST of your LIFE! Federal oversight of grants penalizes states for NOT accounting for every paroled or pardoned ex-sex offender. Georgia has lost substantial grant money when audits show poor management of those on the Georgia sex offender registry.

By getting into a case at the outset, our law firm may be able to proactively meet with law enforcement agencies to have potentially serious sexual acts charged at a lower level sex offense or simple battery statute.

When a FREE lawyer consultation is available, why not obtain FREE legal advice from a criminal attorney with thousands of prior felony and misdemeanor cases under his belt? Call our law office for an appointment with award-winning Georgia lawyer Larry Kohn, 24 hours a day, at (404) 567-5515.