A local Powder Springs man was arrested this past week after allegedly molesting a child over a decade ago.
He is facing charges after being accused of performing indecent acts on a 12-year-old girl.
As a Georgia Sex Crimes Lawyer, I will outline the law behind child molestation in today's post so as to provide clarity as to what the man in the story above is being accused of doing.
Child Molestation in Georgia
According to Georgia law, someone commits the act of child molestation in Georgia when he or she “does any immoral or indecent act to or in the presence of or with any child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person; or by means of an electronic device, transmits images of a person engaging in, inducing, or otherwise participating in any immoral or indecent act to a child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person” (O.C.G.A. §16-6-4(a)1-2)).
To be convicted of child molestation, the state of Georgia must show that the accused person is guilty beyond a reasonable doubt by demonstrating that an immoral or indecent act was committed by said person to a child under the age of 16 years old. A conviction of child molestation is a felony, and the penalties include five to twenty years in prison as well as counseling from the Department of Corrections. For a second conviction of child molestation, the penalty includes ten to thirty years in prison or a life sentence.
However, if the victim is between 14-16 years old, and the convicted person is younger than 18 and no more than 4 years apart from the victim, then the crime will be considered a misdemeanor.
Sex crimes are highly stigmatized and being wrongfully accused or charged is a devastating experience. Most people do not receive a fair chance because they are viewed as guilty from the very beginning. Contact our offices today if you or a loved one has been arrested.