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Child Molestation

Child Molestation Offenses

What is Child Molestation?

In Georgia, child molestation is defined as the act of sexually abusing a child. Child molestation includes any sexual contact with a child, including fondling, touching, or penetrating the child's genitalia or anus, as well as exposing the child to sexual activity or materials.

It is a serious crime in Georgia and is punishable by imprisonment and fines. Child molestation is a particularly heinous crime because it often involves a breach of trust and the exploitation of a vulnerable victim.

O.C.G.A. § 16-6-4 (2021) - Child Molestation

Georgia Code O.C.G.A. § 16-6-4 (2021) specifically addresses child molestation and aggravated child molestation. The following is the actual law § 16-6-4 as it is written.

  • a. A person commits the offense of child molestation when such person:
  • 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.
  • b. 1. Except as provided in paragraph (2) of this subsection, a person convicted of a first offense of child molestation shall be punished by imprisonment for not less than five nor more than 20 years and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.2 and 17-10-7. Upon a defendant being incarcerated on a conviction for a first offense, the Department of Corrections shall provide counseling to such defendant. Except as provided in paragraph (2) of this subsection, upon a second or subsequent conviction of an offense of child molestation, the defendant shall be punished by imprisonment for not less than ten years nor more than 30 years or by imprisonment for life and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.2 and 17-10-7; provided, however, that prior to trial, a defendant shall be given notice, in writing, that the state intends to seek a punishment of life imprisonment.
  • 2. If the victim is at least 14 but less than 16 years of age and the person convicted of child molestation is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.
  • c. 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.
  • d. 1. Except as provided in paragraph (2) of this subsection, a person convicted of the offense of aggravated child molestation shall be punished by imprisonment for life or by a split sentence that is a term of imprisonment for not less than 25 years and not exceeding life imprisonment, followed by probation for life, and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7.
  • 2. A person convicted of the offense of aggravated child molestation when:
  • A. The victim is at least 13 but less than 16 years of age;
  • B. The person convicted of aggravated child molestation is 18 years of age or younger and is no more than four years older than the victim; and
  • C. The basis of the charge of aggravated child molestation involves an act of sodomy
  • shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.1.
  • e. A person shall be subject to prosecution in this state pursuant to Code Section 17-2-1 for any conduct made unlawful by paragraph (2) of subsection (a) of this Code section which the person engages in while:
  • 1. Either within or outside of this state if, by such conduct, the person commits a violation of paragraph (2) of subsection (a) of this Code section which involves a child who resides in this state; or
  • 2. Within this state if, by such conduct, the person commits a violation of paragraph (2) of subsection (a) of this Code section which involves a child who resides within or outside this state.

If you are being investigated for, or facing child molestation charges in Georgia we recommend calling our law office as soon as possible. We understand the urgency of the matterand your need to hire a criminal defense lawyer. To get control of your situation CALL 404-351-3000 for a CONFIDENTIAL APPOINTMENT with a defense attorney in Cobb County GA.

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Client Success Stories

We've Helped People Just Like You

Child Molestation - Douglas County Superior Court

A Sears employee claimed she observed a grandfather molest his foster grandson. The DAs office was relentless in their pursuit of him. During Mr. Zimmerman's cross-examination of the lead detective, the jury started laughing at the detective's answers and the judge ordered Mr. Zimmerman to only ask a few more questions because the detective was being beaten up so badly.
Not Guilty on all counts of child molestation including a directed verdict of May 2019.

Peeping Tom

Client charged in Cobb County with five felony counts of Peeping Tom. Our office conducted an intense investigation including canvassing an apartment complex to speak with any potential witnesses. We were successful in negotiating a reduction to two counts of misdemeanor disorderly conduct.
–State v. Undisclosed

Rape

Client charged with Rape in Cobb County. Our office conducted a major investigation including interviewing the alleged victim several times. We discovered a problem with the Spanish-to-English translation of our Client’s confession. On the morning of trial, the prosecution dismissed the rape charges resulting in our client’s release from jail.
–State v. G.O.

Child Molestation

Client charged with eight counts of Child Molestation in Fulton County Superior Court. Our office intervened early and conducted an extensive investigation. The District Attorney’s Office agreed and our client pleaded guilty to one count of misdemeanor Disorderly Conduct with all other charges being dismissed.
–State v. A.W.

Child Pornography - Federal Charges

Our client was charged with having thousands of images of child pornography on his computer after the FBI raided his home. He confessed to the crimes. We challenged the United States of America's case by litigating novel legal issues. The result was a greatly reduced sentence - 46 months as opposed to 108 months called for by federal sentencing guidelines