Hartwell Man Arrested for Child Pornography Distribution

Georgia Capitol Building

Hartwell, Ga. - A GBI investigation has resulted in the arrest of a man for charges of sexual exploitation of children.

The GBI released information that an informant came forward suggesting that the man had been distributing child pornography. They executed a search warrant and discovered material in his home.

As a Georgia Sex Crimes Lawyer, I will outline the law behind the offense of sexual exploitation of children in Georgia in today's post.

Sexual Exploitation of Children in Georgia

The Georgia Code defines Child Exploitation 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

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