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Child Molestation

Child Molestation

Child Molestation Charges in Georgia

In Georgia, child molestation is a crime that involves any sexual contact or sexual activity with a child under the age of 16. This can include activities such as touching a child's intimate body parts (such as their genitalia, anus, or breasts) for sexual pleasure or gratification, penetrating a child's genitalia or anus with any object, or exposing oneself to a child with the intent to sexually arouse oneself or the child.

After an arrest for a sex crime you should be concerned not only about the present situation, but also about the extreme risk to your safety and life if you are convicted and sent to prison. Anyone facing sex crimes charges has a lot to fear and a lot to lose.

O.C.G.A. § 16-6-4 (2021) - Child Molestation

Georgia Code O.C.G.A. § 16-6-4 (2021) specifically addresses child molestation and aggravated child molestation. The following is the actual law § 16-6-4 as it is written.

  • a. A person commits the offense of child molestation when such person:
  • 1. Does any immoral or indecent act to or in the presence of or with any child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person; or
  • 2. By means of an electronic device, transmits images of a person engaging in, inducing, or otherwise participating in any immoral or indecent act to a child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person.
  • b. 1. Except as provided in paragraph (2) of this subsection, a person convicted of a first offense of child molestation shall be punished by imprisonment for not less than five nor more than 20 years and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.2 and 17-10-7. Upon a defendant being incarcerated on a conviction for a first offense, the Department of Corrections shall provide counseling to such defendant. Except as provided in paragraph (2) of this subsection, upon a second or subsequent conviction of an offense of child molestation, the defendant shall be punished by imprisonment for not less than ten years nor more than 30 years or by imprisonment for life and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.2 and 17-10-7; provided, however, that prior to trial, a defendant shall be given notice, in writing, that the state intends to seek a punishment of life imprisonment.
  • 2. If the victim is at least 14 but less than 16 years of age and the person convicted of child molestation is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.
  • c. A person commits the offense of aggravated child molestation when such person commits an offense of child molestation which act physically injures the child or involves an act of sodomy.
  • d. 1. Except as provided in paragraph (2) of this subsection, a person convicted of the offense of aggravated child molestation shall be punished by imprisonment for life or by a split sentence that is a term of imprisonment for not less than 25 years and not exceeding life imprisonment, followed by probation for life, and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7.
  • 2. A person convicted of the offense of aggravated child molestation when:
  • A. The victim is at least 13 but less than 16 years of age;
  • B. The person convicted of aggravated child molestation is 18 years of age or younger and is no more than four years older than the victim; and
  • C. The basis of the charge of aggravated child molestation involves an act of sodomy shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.1.
  • e. A person shall be subject to prosecution in this state pursuant to Code Section 17-2-1 for any conduct made unlawful by paragraph (2) of subsection (a) of this Code section which the person engages in while:
  • 1. Either within or outside of this state if, by such conduct, the person commits a violation of paragraph (2) of subsection (a) of this Code section which involves a child who resides in this state; or
  • 2. Within this state if, by such conduct, the person commits a violation of paragraph (2) of subsection (a) of this Code section which involves a child who resides within or outside this state.

Child molestation is a serious crime in Georgia and is punishable by imprisonment and fines. The specific penalties for this offense depend on the circumstances of the case and the age of the child. It is important to note that in Georgia, as in other states, the laws related to child sexual abuse and exploitation are designed to protect children from predatory behavior and to hold perpetrators accountable for their actions. If you have been charged with child molestation or any other crime, it is important to seek legal advice from a qualified attorney.

Get Legal Help Now

If you are being investigated for, or facing child molestation charges in Georgia we recommend calling our law office as soon as possible. We understand the urgency of the matter, and respond quickly to all calls and online inquiries to hire a criminal defense lawyer. To get control of your situation CALL 678-880-9360 for a CONFIDENTIAL APPOINTMENT with a sex crimes defense attorney in Cherokee County GA.

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