A suspect out of Henry County has been arrested on five counts of child molestation, two counts of sexual battery, and one count of enticing a child for indecent purposes.
The charges stem from three different incidents with three different child victims. Authorities believe that all of the incidents occurred between 2018 and 2019.
Sex crimes in Georgia are handled differently than other types of offenses. Most of the time when a person is accused or arrested of committing a sex crime they are automatically viewed as guilty. This is before the case even goes to court. As a Georgia Sex Crimes Attorney, I will outline the law behind the offense of child molestation in Georgia in today's post.
Child Molestation in Georgia
According to Georgia law, child molestation in Georgia is defined as:
When a person 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.
Call our offices today if you have been arrested in the state of Georgia. We can help you now.