North Georgia Teenager Arrested on Over 50 Counts of Sexual Exploitation of Children

An 18-year-old man was arrested in Hall County after deputies were alerted about images, videos, and photographs of child pornography on his phone. The Georgia Bureau of Investigation searched his phone after obtaining a search warrant.

Sexual Exploitation of Children in Georgia

Sexual Exploitation of Children in Georgia is defined by the Georgia Code by outlining various ways that the criminal offense can be committed.

• 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.
• 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.
• 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.
• 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.
• 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.
• 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.
• 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.
• 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.

Depending on the circumstances surrounding the crime, the age of the child, and the type of exploitation committed, the offense can be classified as either a misdemeanor or a felony.

Practice Note

All states prohibit the sale and the distribution of obscene materials such as those described in the law above. By law, obscenity is defined by the following test:

• Whether the average person, applying contemporary community standards, taken as a whole, it predominately appeals to the prurient interest, that is, a shameful or morbid interest in nudity, sex, or excretion
• Whether the material taken as a whole lacks serious literary, artistic, political, or scientific value; and
• Whether the material depicts or describes in a patently offensive, way sexual conduct, as specifically defined by applicable state law. 

Crimes dealing with obscene materials are taken very seriously in the state of Georgia. If you or a loved one has been arrested in Georgia, contact a Georgia Criminal Defense Lawyer today.