According to reports out of Cobb County, a 28-year-old man has been arrested for inappropriately texting and visiting a 14-year-old girl at school.
Investigators reported that the man pretended to be a 16-year-old boy. The two had an online relationship that allegedly started last October. The man also allegedly visited the girl at her local middle school pretending to be the boy's uncle. He was originally facing misdemeanor charges but now is facing felonies after the investigators assigned to the case stated that they found sexually explicit messages on the girl's phone from the man.
As a Georgia Sex Crimes Lawyer, it is important for me to note that just because a person has been arrested for a sex crime does not mean that he or she is guilty of committing that crime. The general judgment by the public when a person has been arrested or accused of any of the sex crimes in Georgia is that he or she committed the offense.
In today's post, I will outline the law of enticing a child for indecent purposes.
Enticing a Child for Indecent Purposes in Georgia
Enticing a Child for Indecent Purposes in Georgia is defined by Georgia Law in O.C.G.A. § 16-6-5 as:
A person commits the crime of enticing a child for indecent purposes when he or she solicits, entices, or takes any child under the age of 16 years to a place whatsoever for the purpose of child molestation or indecent acts.
Asportation is an element in enticing a child for indecent purposes. There must be some taking or moving the child towards somewhere that an indecent act would occur. The taking could be accomplished by using force, enticement, or persuasion.
A person convicted of enticing a child for indecent purposes will be guilty of a felony. The penalty if convicted will be a prison term between 10 and 30 years.
However, if the victim is between 14 and 16 years old and the person convicted is 18 years or younger and no more than 4 years older than the victim, that person will be guilty of a misdemeanor.
In addition to a prison sentence, the defendant will also be required to register as a Georgia Sex Offender. If required to register as a sex offender in Georgia, you must: 1. Provide the required information to the appropriate law enforcement official before you are released from prison or placed on parole, supervised release, or probation; 2. Register in person with the sheriff of the county in which you reside within 72 hours after your release 3. If you are homeless, you still have 72 hours to notify the sheriff of the county where you sleep. O.C.G.A. §42-1-12.
As mentioned above, sex crimes in the state of Georgia are highly stigmatized. Many people are under the impression that just because a person has been arrested for a sex crime that they are guilty of that crime. If you have been arrested, call our offices today.