Have You Been Charged with Electronically Furnishing Obscene Materials to Minors in Georgia?
Georgia laws heavily penalize obscenity-related crimes especially when they involve children. Under Georgia Code 16-12-100.1 laws, the term “minor” describes an unmarried person under 18 years of age. If you or a loved one has been charged with a crime related to a child or an obscenity crime, you need the assistance of a Georgia Obscenity Attorney. Our Lawyers have over 50 years of criminal defense experience and know how to develop the best defense strategy for your case. Contact us now for a free case evaluation.
A person commits the crime of electronically furnishing obscene materials to minors if
1. Knowing or having good reason to know the character of the material furnished, the person electronically furnishes to an individual whom the person knows or should have known is a minor:
- Any picture, photograph, drawing, or similar visual representation or image of a person or portion of a human body which depicts sexually explicit nudity, sexual conduct, or sadomasochistic abuse and which is harmful to minors; or
- Any written or aural matter that contains material of the nature described in subparagraph (A) of this paragraph or contains explicit verbal descriptions or narrative accounts of sexual conduct, sexual excitement, or sadomasochistic abuse;
2. The offensive portions of the material electronically furnished to the minor are not merely an incidental part of an otherwise nonoffending whole;
3. The material furnished to the minor, taken as a whole, lacks serious literary, artistic, political, or scientific value; and
4. The material furnished to the minor, taken as a whole, is harmful to minors in that it appeals to and incites prurient interest.
As stated in the statute, it is not a defense that you did not know the person was a child. The Court looks at whether you should have known the person was a child when communicating with them.
Georgia Case Law
There have been multiple cases where the Court has had to determine whether sending sexually explicit messages by cell phone constitutes electronically furnishing. In the case of Frix v. State, the defendant sent explicit text messages to a minor by cell phone. In trying to determine whether he was guilty of violating O.C.G.A. §16-12-100.1, the Court concluded that the defendant did not allow access to information stored in a computer that would satisfy the definition of electronically furnishing. They stated that cell phones are not similar to floppy disks or CD-ROMS that are capable of storing large amounts of electronic information. Therefore, he could not be convicted under the statute. 298 Ga. App. 538, (2009).
Penalty for Electronically Furnishing Obscene Materials to Minors in Georgia
A person who is convicted of electronically furnishing obscene materials to minors in Georgia will be guilty of a misdemeanor of a high and aggravated nature.
However, any person who violates this Code section shall be guilty of a misdemeanor if:
- At the time of the offense, the minor receiving the obscene materials was at least 14 years of age;
- The receipt of the materials was with the permission of the minor; and
- The defendant was 18 years of age or younger.
Because of the potential for severe consequences with cases involving minors, do not take a chance by representing yourself. You need an experienced Georgia Criminal Defense Attorney to assist with your case now. Contact us today for a free case evaluation and find out why we are the top rated Criminal Defense Firm in Georgia.