A former judge in Walton County has been convicted of enticing a child for indecent purposes in federal court.
He has been sentenced to fifteen years in federal prison. Although this is federal case - Georgia also has its own laws pertaining to enticing a child within the state. As a Georgia Sex Crimes Lawyer, I will outline the criminal offense as it is defined by Georgia Law.
Enticing a Child for Indecent Purposes in Georgia
Enticing a child for indecent purposes in Georgia is defined by Georgia Law in O.C.G.A. § 16-6-5 as:
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.
A person convicted of enticing a child for indecent purposes will be guilty of a felony. The penalty if convicted 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 Georgia Sex Offender. If required to register as a sex offender in Georgia, you must: 1. Provide the required information to the appropriate law enforcement official before you are released from prison or placed on parole, supervised release, or probation; 2. Register in person with the sheriff of the county in which you reside within 72 hours after your release 3. If you are homeless, you still have 72 hours to notify the sheriff of the county where you sleep. O.C.G.A. §42-1-12.
Practice Note
Sex Crimes in Georgia are taken very seriously. Regardless if whether or not the person has actually committed a sexual offense or not, people tend to assume guilt when a person has been accused or arrested for a sex crime.
If you or a loved one has been wrongly accused, contact our offices now.
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