Have you Been Charged with Enticing a Child for Indecent Purposes in Georgia?
O.C.G.A. §16-6-5 states that a person commits the crime of enticing a child for indecent purposes when he or she solicits, entices, or takes any child under the age of 16 years to a place whatsoever for the purpose of child molestation or indecent acts.
Asportation is an element in enticing a child for indecent purposes. There must be some taking or moving the child towards somewhere that an indecent act would occur. The taking could be accomplished by using force, enticement, or persuasion.
Georgia Case Law
In the case of Cimildoro v. State, the suspect was convicted of enticing a child for indecent purposes on two occasions. 259 Ga. 788, (1990). The first incident occurred when the suspect and the child walked into the tool shed together. Once inside, he persuaded her to lie down on a bench so he could molest her. The other incident occurred when the child entered a vacant apartment with the suspect. Then, he took her to a bedroom and convinced her to lie down on a stool in order to molest her.
During the trial, the suspect argued that there was insufficient evidence of asportation since the child willingly walked into the tool shed and apartment with him. However, the Court found that the suspect lured or convinced the child to go with him in the tool shed and lie down on the board and later into a bedroom for indecent purposes. Therefore, the Court found there was sufficient element showing the child had been “taken,” and he was convicted of enticing a child for indecent purposes.
What has to be Proven for a Conviction
To be convicted of enticing a child for indecent purposes, the State must demonstrate that the suspect is guilty beyond a reasonable doubt. This involves a showing that an act was committed in order to entice or take a child for an improper purpose. Also, they must show that there was an indecent purpose.
Penalty for Enticing a Child for Indecent Purposes in Georgia
A person convicted of enticing a child for indecent purposes will be guilty of a felony. The penalty will be a prison term between 10 and 30 years.
However, if the victim is between 14 and 16 years old and the person convicted is 18 years or younger and no more than 4 years older than the victim, that person will be guilty of a misdemeanor.
In addition to a prison sentence, the defendant will also be required to register as a sex offender.
No evidence of taking. If there is no evidence that the defendant enticed, persuaded, or lured the victim, then your Attorney can seek to have the case dismissed or reduced to a lower charge.
A mistake in age. If the child was over 16 years of age when the incident occurred, then the crime charged cannot be enticing a child for indecent purposes. The defendant may be charged with another crime, but this requires that the child is under 16 years of age.
What are not Defenses
No force was used. The statute does not require that force is employed in the taking. Persuasion or enticing will be sufficient to prove there was a taking.
No indecent act occurred. It is not required that the act was accomplished. Evidence of enticing or persuading will be sufficient to show an improper act occurred.
Enticing a child for indecent purposes in Georgia carries a significant amount of prison time and is not to be taken lightly. A charge is not the same as a conviction so let Lawson and Berry and their team of Georgia Criminal Defense Attorneys help you with your case. We have over 20 years of experience in criminal law so let our experience work for you. Contact us today for a free case evaluation.