Have you Been Charged with Solicitation of Sodomy?
Sex crimes carry negative connotations among the American people. You need representation that does not pass judgment, and that cares about you and your needs. The Offices of Lawson and Berry and their team of Georgia Sex Crime Attorneys will do that and more. They have over 20 years of experience in criminal law, and their Lawyers are ready to help you.
Georgia Law on Solicitation of Sodomy
O.C.G.A. § 16-6-15 states a person commits the offense of solicitation of sodomy when he solicits another to perform or submit to an act of sodomy.
Georgia Case Law
A man was convicted of solicitation of sodomy for money with a child under 17 in violation of O.C.G.A. § 16-6-15. Carolina v. State, 276 Ga. App. 298, (2005). Defendant on two separate occasions asked an 11-year-old girl and a 12-year-old girl to come to the flea market with him to sell movies. They agreed, but after lunch, the suspect said he needed to stop by his house and charge his phone. Once at his house, the suspect put on a pornographic video and began to ask sexual questions. Both girls felt that he wanted to have sex with them and requested to leave. They told their mother when they got home.
Defendant argued during the trial that there was insufficient evidence to support his conviction. However, the Court found that the suspect enticed both of the girls to his house with the intention of attempting to engage in a sexual encounter with her. He lured both of the girls to his house under the pretense of needing to charge his cell phone. Furthermore, the suspect's actions of placing a pornographic video in and watching it in their presence and asking sexually suggestive questions established that he acted with the requisite intent.
Penalty for Solicitation of Sodomy
Solicitation of sodomy in Georgia will be charged as a misdemeanor.
However, if the offense involves the solicitation of a person or persons under 18 years of age to perform of submit to an act of sodomy for money then the crime is treated as a felony and the penalty will be a prison term between five and twenty years as well as a fine between $2,500.00 and $10,000.00.
Defenses to Solicitation of Sodomy
Innocence: If there is evidence that there was a miscommunication and that the defendant was not attempting to solicit another to perform sodomy or the wrong person was apprehended, that evidence would be advantageous. Your Attorney would work with you to collect the evidence and show the Court that the charges should be dropped.
What are Not Defenses
The act solicited for was not committed: Because the crime is solicitation and not actual sodomy, sodomy does not have to be committed. Evidence of the solicitation will be sufficient for a conviction.
The age of the victim is incorrect: If the victim is under 18 years of age, the penalty is much higher. Therefore, it would greatly benefit you to prove their legal age in order to obtain a lower sentence.
Crimes related to sex come with negative connotations, and many people presume guilt instead of innocence. Our Georgia Attorneys are here to help without judgment. They want to ensure that your rights are defended properly and that you get the best representation possible. Don't wait to call us because your future is at stake. Contact us today for a free case evaluation.