The Difference Between Child Molestation and Aggravated Child Molestation in Georgia

Many Georgians are confused on the severity of certain sex crimes in Georgia. As a Georgia Sex Crimes Lawyer, it is my responsibility to clarify these offenses and the laws behind these offenses. In today's post I will outline the laws behind child molestation as well as the heightened offense of aggravated child molestation.

Child Molestation in Georgia

Georgia Law defines Child Molestation in Georgia in O.C.G.A. §16-6-4 as:

A person commits the offense of child molestation when the person either:

1. 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
2. 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

Child molestation is classified as a felony offense. For a first child molestation conviction, the accused will face a sentence of five to twenty years in prison. In addition, the Department of Corrections will provide counseling to the defendant. For a second or subsequent conviction of child molestation, the punishment increases to a prison term between ten and thirty years or life in prison.

A child molestation conviction comes with the requirement that the defendant register with the Sex Offender Registry of Georgia.

Aggravated Child Molestation in Georgia

Georgia Law also defines Aggravated Child Molestation in Georgia in O.C.G.A. §16-6-4 as:

A person commits the offense of aggravated child molestation when such person commits an offense of child molestation which act physically injures the child or involves an act of sodomy.

A person convicted of aggravated child molestation will be punished by life in prison or by a split sentence of at least 25 years in prison followed by probation for life.

An aggravated child molestation conviction also requires registration as a Sex Offender in Georgia.

Practice Note

Unfortunately, most people who are accused of committing a sexual offense are viewed as guilty from the moment they are arrested or taken into custody. No matter the severity of the crime, the reality is that all people are presumed innocent until proven guilty.

If you or a loved one has been charged with a sex offense in Georgia, contact a Georgia Sex Crimes Attorney today. We can help you with your case and help you see what options are best for you. Call now.