Child Molestation

Child molestation and aggravated child molestation are very serious offenses under Georgia law.  The offense is also one of the more broad and vague descriptions under Georgia law.

Child Molestation

Child molestation is the commission of any immoral or indecent act to or in the presence of 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.

Child molestation is also engaging in such conduct by means of an electronic device which transmits images of a person engaging in, inducing or otherwise participating in any immoral or indecent act to or in the presence of 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.

A first offense carries 5 to 20 years in prison.  Any subsequent offense carries 10 to 30 years in prison.

There is an exception for young people close in age.  Where the victim is 14 to 16 years of age and the defendant is 18 years of age or under and not more than 4 years older than the victim, the offense is treated as a misdemeanor.

Aggravated Child Molestation

An act of child molestation is reclassified as aggravated child molestation when (1) the victim is physically injured during the offense or (2) the act involves an act of sodomy.

Aggravated child molestation raises the stakes to life imprisonment or a split sentence with at least 25 years in prison followed by probation for life.

There is an exception for young people close in age where the aggravating factor is an act of sodomy.  Where the victim is 14 to 16 years of age and the defendant is 18 years of age or under and not more than 4 years older than the victim, the offense is treated as a misdemeanor.

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