Georgia Man Pleads Guilty to Child Molestation and Child Pornography

Richard Hayes of Henry County plead guilty yesterday to two counts of aggravated child molestation, one count of child molestation, and ten counts of sexual exploitation of children. 

He was sentenced to a total of 70 years. 

Although the State found Hayes to be guilty of these crimes beyond a reasonable doubt, sometimes, people are wrongfully accused and charged with horrendous crimes like the ones mentioned above. 

With Sex Crimes involving children, the majority of the time, people are deemed guilty from the first whiff of an accusation. As a Georgia Criminal Defense Attorney, I know that no one should be considered guilty no matter what crime they've been accused of committing. Let's look at the law and analyze what Hayes has been found guilty of doing.

Child Molestation in Georgia 

The Georgia Code defines child molestation in Georgia 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)).

In order for the accused to be convicted, the state of Georgia must show that he is guilty beyond a reasonable doubt by demonstrating that he committed an immoral or indecent act to a child.

If convicted, the conviction is a felony conviction, and the punishment can include a prison sentence of five to twenty years and counseling by the Department of Corrections. Any subsequent conviction of child molestation will increase the prison term to either ten to thirty years or life in prison.

Aggravated Child Molestation in Georgia

The Georgia Code defines aggravated child molestation in Georgia as:

When a person commits the offense of child molestation and that act physically injures the child or involves an act of sodomy (O.C.G.A. §16-6-4(c)). 

In order for the accused to be convicted, the state of Georgia must show that he is guilty beyond a reasonable doubt by demonstrating that he committed an immoral or indecent act to the child, and that the act either resulted in a physical injury of the child or involved an act of sodomy. 

If convicted, the conviction is a felony conviction, and the punishment can include a life sentence in prison or a split sentence (minimum of 25 years followed by probation for life). 

Both of these charges are very serious in the State of Georgia. If convicted of either child molestation or aggravated child molestation, the convicted felon will have to register as a sex offender in order to be regulated by the State upon release from prison.

These charges include seriously life-altering penalties. If you or a loved one has been accused, contact a Georgia Criminal Defense Lawyer today.