Computer or Electronic Pornography and Child Exploitation in Georgia

Quick Summary

Georgia'sComputer or Electronic Pornography and Child Exploitation Prevention Act (O.C.G.A. §16-12-100.2) makes it a crime to use computers or electronic devices to create, transmit, solicit, or possess sexually explicit material involving children and to use online services to seduce or entice children for sexual purposes. Penalties range from high misdemeanors to long felony sentences, with narrow statutory exceptions for certain peer-to-peer teen conduct. If you or a loved one faces an investigation under this statute, contact a Georgia Criminal Defense Attorney immediately. 

What Does Georgia Law Say About Child Pornography?

Under O.C.G.A. §16-12-100.2 the statute defines important terms and scope, including:

• “Child” — generally a person under 18

• “Electronic device” — any device used to communicate for sexual purposes or to depict, store, or transmit audio/visual depictions of a child. This includes computers, cell phones, thumb drives, gaming systems, etc..

These definitions make clear that texting, social media, chat rooms, gaming platforms, video calls, cloud storage, and shared drives can all be implicated by the statute. 

Section (c) Computer or Electronic Pornography Offense & Penalties

A person commits computer or electronic pornography if they intentionally compile, transmit, reproduce, publish, disseminate, or facilitate information (including identifying information) for the purpose of offering or soliciting sexual conduct with an identifiable child.

Penalty for Computer or Electronic Pornography in Georgia

The baseline penalty is a fine (up to $10,000) and imprisonment between 1–20 years. However, the statute includes narrow exceptions where the conduct may be treated as a misdemeanor. For example, if the depicted child was at least 14, gave permission, the possessor was 18 or younger, and distribution was limited or non-commercial, then it may be treated as a misdemeanor under O.C.G.A. §16-12-100.2(c)(3). 

Section (d) Using Computers/Online Services to Seduce, Solicit, or Entice 

Under subsection (d):

 It is unlawful to utilize a computer, online service, chat room, email, instant messaging, social platform, or similar electronic means to seduce, solicit, lure, or entice — or attempt any of those acts — a child (or a person believed to be a child) or someone in custody of a child to commit sexual offenses (e.g., sodomy, child molestation, enticing a child for indecent purposes, public indecency) or any other sexual offense against a child. 

Types of internet services covered: chat rooms, bulletin boards, social media (Instagram, X, TikTok), direct messaging systems (Facebook Messenger, WhatsApp), dating apps, gaming platform messaging, email, text/instant messaging apps, video call services (FaceTime/Zoom), and any digital forum that allows communication. Basically, any electronic communication channel can trigger subsection (d). 

Penalties under Subsection (d)

A conviction under this subsection will be considered a felony punishable by 1 to 20 years imprisonment and a fine up to $25,000. There is a statutory youth/peer exception: if the victim was 14 or 15 and the defendant was 18 or younger, the offense is a misdemeanor of a high and aggravated nature. 

(e) Obscene Internet Contact with a Child Offense and Penalties

Subsection (e) prohibits explicit sexual communications with a child, or someone a defendant believes to be a child, via online services when the communication contains graphic verbal descriptions or narrative accounts intended to arouse sexual desire. This covers lewd chats, explicit audio, or detailed sexual descriptions sent through chat rooms, instant messages, email, social apps, or similar platforms.

Penalty Under Subsection (e)

A conviction under this subsection is a felony punishable by 1 to 10 years' imprisonment or a fine up to $10,000, though the statute provides the same limited misdemeanor exception when the “victim” is 14–15 and the defendant is within three years of age.

(f) Liability for Owners/Operators Who Permit Use

Subsection (f) makes it unlawful for an owner or operator of an online service, such as a computer online service, Internet service, bulletin board, or other electronic device in the business of providing a service that may be used to sexually exploit a child to intentionally permit a subscriber to use the service knowing that the subscriber intended to violate the statute. Liability does not extend to providers who act in good faith in providing services. A violation by an owner/operator is a misdemeanor of a high and aggravated nature.

(g) Undercover Operations — Not a Defense by Itself

The statute expressly states that the mere fact an undercover operative or law enforcement officer was involved in an investigation is not a defense to prosecution. In other words, being conversed with or solicited by what turned out to be an undercover officer does not, by itself, invalidate the charge; the focus remains on the defendant's conduct and intent. Entrapment, however, can still be a defense if law enforcement induced someone to commit an offense they otherwise would not have committed. 

(h) Jurisdiction — Georgia May Prosecute Cross-Border Conduct

Subsection (h) confirms that Georgia may exercise jurisdiction under O.C.G.A. §17-2-1 over conduct made unlawful by §16-12-100.2 when:

• The conduct occurs inside or outside Georgia but involves a child who resides in Georgia (or a person believed to be a Georgia child), or

• The conduct occurs inside Georgia and involves a child who resides anywhere.

In short, online conduct that affects Georgia children can be prosecuted in Georgia, even if the defendant was outside the state when the conduct occurred.

Penalties & Collateral Consequences

As previously mentioned, violations under this statute can carry severe sentences, from length prison terms and hefty fines, to and permanent consequences such as mandatory sex offender registration, restrictions on technology use, employment and housing impacts, and long-term reputation harm. Each separate image, file, or electronic communication may be charged as a separate offense, multiplying exposure. Early and specialized defense is crucial. 

What Defenses Can a Georgia Criminal Defense Attorney use in Georgia? 

Because these offenses rely heavily on electronic evidence and law enforcement techniques, common defenses include:

• Lack of knowledge or intent: You didn't know the recipient was a minor or did not intend the communicative content;

• Entrapment: Police induced you to commit an act you otherwise would not have committed.

• Mistaken identity: Someone else used your account or device.

• Unlawful search and seizure: Evidence was obtained without a proper warrant there was a chain-of-custody issue with devices. 

• Statutory exceptions: The offense fall under one of the listed exceptions such as peer-to-peer consensual teen communications or youth exceptions.

Why You Need a Georgia Criminal Defense Attorney Now

Prosecutors treat computer and electronic child exploitation crimes aggressively. Because the statute covers a broad range of conduct and communication channels — and because enforcement often involves undercover operations and technical forensics — you need a lawyer who understands both digital evidence and Georgia sex-crime law. The Law Offices of Lawson and Berry offers over 30 years of criminal defense experience defending clients in complex electronic and child exploitation cases.

Contact us today for a free case evaluation.