Child Exploitation Sting Results in Lengthy Sentences in Athens

Athens-Clarke County Courthouse

Athens, Ga. - Reports out of Clarke County show that at least two of the nine suspects that were arrested in a child exploitation sting have received serious sentences this past week.

The sting, “Operation End Game,” was conducted by the US Department of Justice. Two of the suspects pleaded guilty to using facilities in interstate commerce to transmit information about a minor. There are other suspects that are awaiting adjudication.

Even though these suspects have been charged at the federal level, as a Georgia Criminal Defense Attorney, I would like to point out that similar charges exist at the state level here in Georgia. In today's post, I will cover the law behind the offense of child exploitation.

Child Exploitation in Georgia

The Georgia Code defines Child Exploitation in Georgia in O.C.G.A. §16-12-100, the statute outlines the eight various ways that an individual can commit sexual exploitation of a child. The statute states the following:

(1) It is unlawful for any person knowingly to employ, use, persuade, induce, entice, or coerce any minor to engage in or assist any other person to engage in any sexually explicit conduct for the purpose of producing any visual medium depicting such conduct.

(2) It is unlawful for any parent, legal guardian, or person having custody or control of a minor knowingly to permit the minor to engage in or to assist any other person to engage in sexually explicit conduct for the purpose of producing any visual medium depicting such conduct.

(3) It is unlawful for any person knowingly to employ, use, persuade, induce, entice, or coerce any minor to engage in or assist any other person to engage in any sexually explicit conduct for the purpose of any performance.

(4) It is unlawful for any parent, legal guardian, or person having custody or control of a minor knowingly to permit the minor to engage in or to assist any other person to engage in sexually explicit conduct for the purpose of any performance.

(5) It is unlawful for any person knowingly to create, reproduce, publish, promote, sell, distribute, give, exhibit, or possess with intent to sell or distribute any visual medium which depicts a minor or a portion of a minor's body engaged in any sexually explicit conduct.

(6) It is unlawful for any person knowingly to advertise, sell, purchase, barter, or exchange any medium, which provides information as to where any visual medium, which depicts a minor, or a portion of a minor's body engaged in any sexually explicit conduct can be found or purchased.

(7) It is unlawful for any person knowingly to bring or cause to be brought into this state any material, which depicts a minor, or a portion of a minor's body engaged in any sexually explicit conduct.

(8) It is unlawful for any person knowingly to possess or control any material, which depicts a minor, or a portion of a minor's body engaged in any sexually explicit conduct.

If a person commits sexual exploitation of a child by the actions described in parts (1), (5), (7), or (8), and the minor depicted was at least 14-years-old, then the accused person may be facing a misdemeanor. However, there are other conditions that must be met as well including: the medium was created with the permission of the child, the accused person was 18 years-old or younger at the time of the crime, the medium was not distributed to anyone else, and the medium was not made for the purpose of harassing, intimidating, or embarrassing the child. 

For all other parts or if the circumstances aren't met, then the accused person will be guilty of a felony. The penalties if convicted of felony exploitation can include between five and twenty years in prison as well as a fine up to $100,000.

Practice Note

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