Gainesville, Ga. - A middle school teacher has been arrested after being accused of committing aggravated sexual sexual battery.
According to investigators, no students or minors were involved in the case. However, the school released a statement saying that: “The Hall County Sheriff's department is conducting its investigation and our personnel department is reviewing the information. The district takes the matter very seriously, and it will be dealt with appropriately.”
As a Hall County Criminal Defense Lawyer, I will outline the law behind the offense of aggravated sexual battery in today's post.
Aggravated Sexual Battery in Georgia
In order to understand aggravated sexual battery - it is necessary to look at the base crime which is sexual battery. Sexual battery in Georgia is defined in O.C.G.A. §16-6-22 as:
A person commits the offense of sexual battery when he or she intentionally makes physical contact with the intimate parts of the body of another person without the consent of that person.
By law, intimate body parts include the primary genital area, anus, groin, inner thighs, or buttocks of a male or female and the breasts of a female.
A person convicted of the offense of sexual battery shall be punished as for a misdemeanor of a high and aggravated nature. This means that if convicted of sexual battery, a person is facing up to 12 months in jail and fines up to $5,000.
The same statute (O.C.G.A. §16-6-22) defines aggravated sexual battery in Georgia as:
A person commits the offense of aggravated sexual battery when he or she intentionally penetrates with a foreign object the sexual organ or anus of another person without the consent of that person.
Aggravated sexual battery is classified as a felony. A person convicted of the offense of aggravated sexual battery shall be punished by imprisonment for life or by a split sentence that is a term of imprisonment for not less than 25 years and not exceeding life imprisonment, followed by probation for life.
Practice Note
If you or a loved one has been arrested in the state of Georgia for allegedly committing a crime, call our offices today. We can help you now!
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