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 30 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.

Quick Summary

Georgia law takes obscenity-related crimes involving minors extremely seriously. Under O.C.G.A. §16-12-100.1, it is illegal to electronically send or share obscene or sexually explicit material with anyone under 18. The statute defines a minor as any unmarried person under the age of 18, and even a single message, image, or video can lead to criminal charges.

If you or a loved one has been accused of sending obscene materials to a child, contact an experienced Georgia obscenity attorney immediately. The Law Offices of Lawson and Berry has over 30 years of criminal defense experience handling complex internet and obscenity cases across Georgia.

What is Prohibited Under O.C.G.A. §16-12-100.1?

A person commits the crime of electronically furnishing obscene materials to minors if they knowingly, or have good reason to know, the nature of the content and electronically send or make available to someone they know or should know is a minor. This includes:

1. Visual materials: Any picture, photograph, drawing, or video showing sexually explicit nudity, sexual conduct, or sadomasochistic abuse that is harmful to minors; or

2. Written or audio materials: Any text, message, or recording describing sexual conduct or explicit sexual acts in a way that is harmful to minors.

The statute also specifies that:

• The obscene portions of the material must not be merely incidental to an otherwise non-offensive work;

• The material, taken as a whole, must lack serious literary, artistic, political, or scientific value; and

• The material must appeal to or incite a prurient interest, meaning a shameful or morbid curiosity about sex.

Importantly, it is not a defense to claim that you did not know the recipient was a minor — the court will look 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).

This case illustrates that the method of communication matters, however, prosecutors continue to pursue these cases aggressively, especially when digital media or the Internet is involved.

What is the Penalty for Electronically Furnishing Obscene Materials to Minors in Georgia?

Under Georgia law, this offense is typically a misdemeanor of a high and aggravated nature, which carries serious consequences including jail time, fines, probation, and long-term damage to your reputation and career.

However, the law allows for a reduced penalty in limited situations. The offense becomes a misdemeanor (not high and aggravated) if all of the following apply:

• The minor was at least 14 years old at the time of the offense,

• The minor consented to receive the material, and

• The defendant was 18 years old or younger when the material was sent.

Even so, any conviction under this statute can have lasting personal and professional consequences, particularly because it involves minors and obscenity.

Frequently Asked Questions 

What is considered “obscene material” under Georgia law?
Material that depicts or describes sexual conduct, nudity, or sadomasochistic abuse and lacks serious artistic, literary, political, or scientific value when taken as a whole.

Is it a defense that I didn't know the person was a minor?
No. The law states it is not a defense if you didn't know but should have known the recipient was under 18.

Can text messages or social media messages lead to charges?
Yes. While the Frix case limited certain applications, prosecutors can and do charge individuals based on digital or online communications.

What are the penalties for violating O.C.G.A. §16-12-100.1?
A high and aggravated misdemeanor, but penalties can increase if related offenses — such as child exploitation — are involved.

Do I need an attorney even for a misdemeanor charge?
Absolutely. Cases involving minors and obscene materials can impact your future employment, reputation, and record. An experienced defense lawyer is essential.

Georgia prosecutors treat all child-related obscenity charges with the same seriousness as exploitation or solicitation cases. Even if no physical contact occurred, the mere electronic transfer of explicit material can lead to harsh penalties and lifelong stigma.

Because the law focuses on what a reasonable person should have known about the recipient's age, these cases can be complex. Innocent miscommunication, mistaken identity, or lack of intent may still result in an arrest.

Building a Defense: How an Experienced Georgia Obscenity Lawyer Can Help

Defending against a charge under O.C.G.A. §16-12-100.1 requires a deep understanding of Georgia's criminal statutes and digital evidence. At Lawson and Berry, we use proven defense strategies to challenge the State's evidence, including:

• Lack of knowledge or intent: You did not know and had no reason to believe the recipient was a minor.

• Insufficient proof: The material was not “obscene” under the legal definition.

• Constitutional defenses: The content may be protected under the First Amendment.

• Improper investigation: Law enforcement may have conducted illegal searches or seized devices without proper warrants.

With over 30 years of criminal defense experience, our team knows how to navigate these sensitive and technical cases, ensuring that your rights are protected from the first investigation through trial.

If you or someone you care about has been charged with electronically furnishing obscene materials to a minor in Georgiaor any offense involving children or digital communication, do not face it alone.

Call Lawson and Berry today for a free case evaluation. We will review your situation, explain your legal options, and build the strongest defense possible.

📍 Based in Atlanta | Serving clients throughout Georgia

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.