According to reports out of Cobb County, an employee of a local church has been accused of grabbing a teenager's breast during Sunday school.
He has been arrested on charges of child molestation.
As a Georgia Sex Crimes Lawyer, it is always important for me to note that just because a person has been accused of committing one of the various Sex Crimes in Georgia does not mean that he or she is to be assumed guilty of committing that crime.
In today's post, I will outline the law as well as the legal elements of the offense of child molestation in Georgia.
Child Molestation in Georgia
According to Georgia law, child molestation in Georgia is defined as:
When a person does any immoral or indecent act to or in the presence of or with any child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person; or by means of an electronic device, transmits images of a person engaging in, inducing, or otherwise participating in any immoral or indecent act to a child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person” (O.C.G.A. §16-6-4(a)1-2)).
To be convicted of child molestation, the state of Georgia must show that the accused person is guilty beyond a reasonable doubt by demonstrating that an immoral or indecent act was committed by said person to a child under the age of 16 years old.
A conviction of child molestation is a felony, and the penalties include five to twenty years in prison as well as counseling from the Department of Corrections. For a second conviction of child molestation, the penalty includes ten to thirty years in prison or a life sentence.
However, if the victim is between 14-16 years old, and the convicted person is younger than 18 and no more than 4 years apart from the victim, then the crime will be considered a misdemeanor.
Practice Note
When someone is accused of committing a sex crime, the majority of the time, people assume guilt. Here, at the Law Offices of Lawson and Berry, we understand that an arrest is not the same thing as a conviction. Call our offices now.
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