Another teacher has been accused of inappropriate sexual conduct with a student. This is the third case reported just this month in the Metro Atlanta area. Former High School chorus teacher, Ryan McKendrick, is facing charges of sexually assaulting a student.
According to reports, McKendrick was arrested this past weekend on the following charges:
- Sexual battery in Georgia,
- Sexual assault by persons with supervisory or disciplinary authority in Georgia,
- Sexual exploitation of a child in Georgia,
- Tampering with evidence in Georgia,
- And four counts of distributing obscene material in Georgia.
McKendrick resigned on October 15 after having been employed with the district since 2007. As an Atlanta Criminal Lawyer, I will outline the offense of distributing obscene material in today's post.
Distributing Obscene Material in Georgia
The Georgia Code defines distributing obscene material in Georgia as:
A person commits the offense of distributing obscene material when he sells, lends, rents, leases, gives, advertises, publishes, exhibits, or otherwise disseminates to any person any obscene material of any description, knowing the obscene nature thereof, or offers to do so, or possesses such material with the intent to do so… O.C.G.A. §16-12-80.
By law, material is deemed to be obscene if it meets any of the following qualifications:
1. To the average person, applying contemporary community standards, taken as a whole, it predominantly appeals to the prurient interest, that is, a shameful or morbid interest in nudity, sex, or excretion;
2. The material taken as a whole lacks serious literary, artistic, political, or scientific value; and
3. The material depicts or describes, in a patently offensive way, sexual conduct specifically:
- Acts of sexual intercourse, heterosexual or homosexual, normal or perverted, actual or simulated;
- Acts of masturbation;
- Acts involving excretory functions or lewd exhibition of the genitals;
- Acts of bestiality or the fondling of sex organs of animals; or
- Sexual acts of flagellation, torture, or other violence indicating a sadomasochistic sexual relationship.
If convicted of distributing obscene materials, the offense is classified as a high and aggravated misdemeanor.
As I mentioned above, there have been a string of arrests concerning conduct between teachers and students. As an Atlanta Criminal Defense Attorney, I feel it necessary to always point out that just because there has been an accusation or an arrest does not mean that the individual is necessarily guilty.
In the case of a wrongful accusation, this is where we come in. We specialize in Georgia Criminal Defenses and can help you with your case. Contact us today.