Suspect Arrested in Duluth for Child Exploitation

Gwinnett County Courthouse

Duluth, Ga. – A suspect has been arrested in Duluth on twenty different counts – all relating to illegal and sexual crimes concerning children.

Most of his charges stem from child pornography and illicit material. He is also facing child molestation charges out of another metro county. He was booked into Gwinnett County Jail on various charges for sexual exploitation of children. He was then transferred to Carroll County for the child molestation case.

As a Georgia Criminal Defense Lawyer, I will focus today's post on the law behind the offense of sexual exploitation of children. Read below.

Sexual Exploitation of Children in Georgia

The Georgia Code defines sexual exploitation of children in Georgia in O.C.G.A. §16-12-100, the statute outlines the eight various ways that an individual can commit sexual exploitation of a child. The statute states the following:

(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 commits sexual exploitation of a child by the actions described in parts (1), (5), (7), or (8), and the minor depicted was at least 14-years-old, then the accused person may be facing a misdemeanor. However, there are other conditions that must be met as well including: the medium was created with the permission of the child, the accused person was 18 years-old or younger at the time of the crime, the medium was not distributed to anyone else, and the medium was not made for the purpose of harassing, intimidating, or embarrassing the child. 

For all other parts or if the circumstances aren't met, then the accused person will be guilty of a felony. The penalties if convicted of felony exploitation can include between five and twenty years in prison as well as a fine up to $100,000.

Practice Note

Offenses involving children are handled very seriously in the state of Georgia. However, just because a person has been arrested or accused of committing a criminal offense does not mean that he or she is guilty. This is why retaining an attorney is so important. Call our offices today if you have been arrested.