Georgia Criminal Defense Blog

Fayetteville Police Arrest Man for Child Exploitation

Posted by Richard Lawson | Jul 18, 2020 | 0 Comments

Fayette County Courthouse

Fayetteville, Ga. - Fayetteville police ran a sting operation involving a local man who was sending illicit messages to an undercover police officer.

He allegedly believed that he was messaging a 14 year old girl. He is now facing two felonies- child exploitation and electronically furnishing obscene material to minors in Georgia. He had agreed to meet up with the fictitious girl to have sex with her, but was instead met by an officer. He was arrested and booked into the Fayette County Jail.

As a Fayette County Criminal Defense Lawyer, I will cover the law behind sexual exploitation of a minor in the state of Georgia.

Sexual Exploitation of a Minor in Georgia

The Georgia Code Sexual Exploitation of a Minor 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

Call our offices today if you have been arrested in the state of Georgia. We can help you today.

About the Author

Richard Lawson

Richard Lawson has devoted his entire career to DUI Defense and Criminal Defense. As a former Prosecutor he knows both sides of your case. Put his experience to work for you. In DUI cases, you only have 30 days to protect your right to drive. Call now for immediate attention. We are available 7 days a week, 24 hours a day.

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