Child Molestation

What Is Child Molestation?

A person commits the offense of child molestation when such person:

1. * Does an 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 an 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.

Multiple Acts, Multiple Charges

When a person does an immoral or indecent act involving touching of any child under the age of 16 years with the intent to arouse or satisfy the sexual desires of the child or the person, and such person touches such child in multiple areas of such child's body, the touching of each area shall constitute a separate offense of child molestation.

What Is Aggravated Child Molestation

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.

A person may be charged with the offense of aggravated child molestation when:

• *The victim is at least 13 but less than 16 years of age;
• *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
• *The charge of aggravated child molestation involves an act of sodomy

Defense Strategies for Child Molestation Charges

Under the statute, the prosecution generally must prove an immoral or indecent act involving a child under age 16 and the required sexual intent. The statute also covers certain electronic transmissions sent to a child under age 16 years old.

Georgia law allows for some out-of-court statements by a child younger than 16 years old to be admitted. This makes it very important for your lawyer to review all law enforcement interviews, victim and witness statements.

Child Molestation Punishments

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. Upon a second or subsequent conviction of an offense of child molestation, the defendant shall be punished by imprisonment for not less than 10 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

When such a circumstance exists, prior to trial, a defendant shall be given notice, in writing, that the state intends to seek a punishment of life imprisonment.

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 under, and is no more than four years older than the victim, such person shall be prosecuted as if having committed a misdemeanor offense.

Aggravated Child Molestation Punishment

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.

Georgia Law: O.C.G.A. § 16-6-4

Click the following link to see the full law for child molestation in Georgia. The circumstances of your situation may allow your lawyer to fight for dismissal or changing the charge to a lesser offense. Always keep in mind, an arrest is not a conviction.

How to Choose the Best Child Molestation Lawyer

The best lawyer for fighting child molestation charges is one who has: a good working relationship with local prosecutors, experience with defense strategies for this offense. Additionally, you want to hire a lawyer who can negotiate for your case to be dropped, have charges reduced, or represent you in a jury trial.

Contact a Child Molestation Attorney

If you are being investigated for, or charged with, child molestation we recommend calling our law firm 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 an appointment with a child molestation defense lawyer.