Sex Crimes Defense Lawyer

An Overview of Internet Sex Crimes in Georgia 

The State of Georgia has some of the most severe sex crime penalties in the United States, including harsh prison sentences, mandatory sex offender registration, and residential restrictions that prevent offenders from ever working or living within 1,000 feet of parks, schools, or any other place where children gather. In this article, our attorneys will examine the online sex offenses in Georgia. Internet sex crimes usually involve online communication using an Internet-connected device with online services such as email, text messaging, direct messaging, messaging in chat rooms, emailing, and others. 

The following are a few instances of Internet sex crimes in the State of Georgia:

• Viewing, downloading, uploading, transmitting, and sharing of child pornography.
• Sending sexually explicit emails, chats, or messages to a minor.
• Sexual exploitation of a minor.
• Sending a minor pornographic image or video.
• Taking sexually explicit photos or videos of a minor.
• Using the Internet to plan a meeting with a minor for the purposes of sexual activity.

Online Solicitation of a Minor Criminal Charges in Georgia

If you or a loved one has been accused of using the Internet to correspond with a minor to arrange sexual contact, the criminal case is typically prosecuted under Georgia’s Child Exploitation Laws.

In Georgia, there are three criminal statutes that are dedicated to prosecuting individuals who engage in sexually explicit communications with children on the Internet. 

• Soliciting minors to send sexual images;
• Sending sexual images or videos to minors; and 
• Interacting with minors on the Internet to engage in sexual conduct.

According to O.C.G.A §16-12-100.1, it is against the law in Georgia for an individual to send sexually explicit messages, videos, or images to anyone under the age of 18. Georgia prosecutors are required to prove that the accused offender knew or should have known the individual that they sent sexually explicit images and videos was under the age of 18 years. Although an adult is permitted to engage in consensual sexual intercourse with a 16- or 17-year-old, it is a felony to send sexually explicit content to anyone under the age of 18 years. 

Soliciting Minors to Send Sexually Explicit Images in Georgia

Under O.C.G.A §16-12-100, it is a felony to induce, persuade, coerce, or entice a minor to join in the production of sexually explicit photographs or videos. In other words, if someone asks a minor to take and send naked or sexually explicit photos or videos of themselves, the requestor has committed a felony.  

Georgia’s Computer or Electronic Pornography and Child Exploitation Prevention Act of 2007

O.C.G.A §16-12-100.2 establishes that using any electronic communication or online service to lure, solicit, seduce, or entice a minor under 16 years of age to engage in a sexual act is a felony criminal offense in Georgia. Under O.C.G.A §16-12-100.2, the action only becomes a crime when the alleged victim is under the age of 16 and the accused intended to engage in sexual behaviors with the minor. 

Georgia’s Sexting Laws

Sexting is defined as sending sexually explicit photos, videos, or messages to another person. If two or more consenting adults are engaging in sexting, no criminal offense has occurred as long as the parties have consented. Sexting is a criminal offense when a minor is involved regardless if the minor has consented. In Georgia, anyone under the age of 18 cannot provide consent to sexual behavior or sexting. 

Most teenagers wrongfully believe that they can legally sext with other minors. However, once they engage in sending nude photos or videos, they have committed a serious crime. However, under Georgia’s Romeo and Juliet law, if the teens involved are within four years of each other and the alleged victim is at least 14 years old, and the accused is 18 years old or younger, the offense is reduced to a misdemeanor criminal offense. 

Child Pornography Possession, Manufacture, and Distribution Criminal Charges in Georgia

According to Georgia Statue Section 16-12-100, Georgia’s Sexual Exploitation of Children Statute, it is a felony criminal offense to create, possess, and distribute child pornography. Moreover, it is a crime for someone to purposefully use, induce, employ, persuade, coerce or entice a minor to join in or assist another in the production of any sexually explicit material. By way of example only, it is against the law to ask a minor to take and send naked photos of themselves.

It is a felony to possess or control any photographs or videos showing a minor engaging in sexual behavior in Georgia. If an individual receives a sexually explicit video from a minor, and that individual keeps the video, they are in possession of child pornography, even if the recipient did not ask for the video.

If you or a loved one are being questioned by police or have been arrested and charged with a sex crime, respectfully ask to have an attorney present with you and remain silent! According to the Innocence Project, over 360 wrongful convictions have been overturned by DNA evidence. This means hundreds of accused were pressured into making a false confession. Researchers believe there are several reasons why hundreds of people give law enforcement false confessions. Studies suggest that law enforcement intimidation tactics and fear of bodily harm lead many people to provide police interrogators with false confessions. 

According to the American Psychological Association’s article, Speaking of Psychology: False Confessions Aren’t Always What They Seem, research has proven that every person has a breaking point. There are two types of police-induced false confessions that can transpire during a police interrogation. These false confessions include the innocent people who are interrogated after denying involvement in the crime and a confession produced during interrogation.

Marietta GA Defense Attorney

If you, a member of your family, or a friend have been charged with a sex crime, call (770) 627-3221 to learn about your legal rights, the process, and the potential defenses that may apply in your case. Our firm’s criminal defense consultations are confidential and without obligation.