North Georgia Man After Allegedly Sending Graphic Photos to a Child

Stewart Mitchell, has been arrested in Hall County after allegedly using a computer to engage in sexual conversations with a child he met online. He has been accused of sending graphic photographs and messages to the child.

According to reports, Mitchell sent picture of himself stripping and discussed graphic sexual acts. He has also been accused of requesting pictures of the child that were sexual and inappropriate.

As a Georgia Sex Crimes Attorney, I am very familiar with offenses that fall into the categories of either sex crimes or obscenity crimes. In today's post, I will outline the offense of sexual exploitation of children in our state.

Sexual Exploitation of Children

Sexual exploitation of children in Georgia is defined by law in O.C.G.A. §16-12-100 as:

(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 is convicting subsection (1), (5), (7), or (8) of this Code section, they will be guilty of a misdemeanor if: the minor depicted was at least 14 years old; the medium was created with the permission of the minor; and the accused was 18 years old or younger at the time of the crime; and the medium was not distributed to another person and the medium was not made for the purpose of harassing, intimidating or embarrassing the minor or for any commercial purpose.

Misdemeanors include fines up to $1,000, jail time up to one year, or both.

For all other sections and situations, the crime is classified as a felony in Georgia. The punishment will include a prison term between five and twenty years and a fine up to $100,000.

Practice Notes

Obscenity crimes as well as sex crimes in Georgia are handled very seriously. Most people jump to conclusions when a person is arrested or accused of a sex crime. But the reality is that just because someone has been accused of a crime doesn't mean he or she is guilty of committing that crime.

If you or a loved one has been accused of committing a sex crime, contact a Georgia Sex Crimes Lawyer today.