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Georgia criminalizes a variety of criminal conduct. These crimes often carry steep penalties, including registration as a sex offender and a shredded reputation. Contact Moffitt Law, LLC, if you are facing sex crime charges. You deserve an immediate, powerful defense. A LaGrange criminal lawyer with our firm can meet for a free and confidential consultation. Find out what penalties you are facing and how we can help.
What Are the Most Common Types of Sex Crimes?
Georgia has more than a dozen sex crimes on the books. Most involve illegal sexual contact, but others involve the distribution of child pornography. Let’s look at the most common types of sex crimes.
Rape & Statutory Rape
Rape is a felony that consists of sexual intercourse with a female against her will, or sexual intercourse with a girl under age 10. (O.C.G.A. § 16-6-1.) Any defendant convicted is facing 25 years to life in prison, with the death penalty as a possibility.
In Georgia, statutory rape consists of sexual intercourse with someone under the age of 16, which is before they can consent. (O.C.G.A. § 16-6-3). A defendant can face 1-20 years in prison if convicted.
Sexual Battery
Sexual battery consists of intentionally touching someone’s intimate parts without consent. (O.C.G.A. § 16-6-22.1.) Intimate parts include:
- Genitals
- Groin
- Anus
- Inner thighs
- Buttocks
- Breasts
This is a misdemeanor offense if committed against an adult, but sexual battery is a felony if the victim is under the age of 16. A felony charge carries 1-5 years in prison as a sentence.
Aggravated Sexual Battery
Aggravated sexual battery consists of penetration of the vagina or anus with a foreign object and without the victim’s consent. For example, using a toothbrush to penetrate someone’s vagina or anus is aggravated sexual battery.
This is a major sex crime. A defendant can face punishment for life or a minimum of 25 years with lifetime probation.
Public Indecency
Sexual acts in public qualify as public indecency under O.C.G.A. § 16-6-8. You can face charges for any of the following if you commit them in public:
- Intercourse
- Lewd exposure of sex organs
- Partial or complete nudity
- Indecent caress or fondling
This is a misdemeanor offense for a first-time offender, but still quite embarrassing. You can expect to have to explain why you were arrested whenever someone pulls up your criminal history.
Sexual Molestation of a Child
Various acts will qualify as sexual molestation O.C.G.A. § 16-6-4:
- Committing any immoral or indecent act to a child under 16 to arouse the child or yourself.
- Immoral or indecent acts in the presence of a child under 16 to arouse or gratify yourself or the child.
- Using an electronic device to transmit sexual or indecent images to a child under 16 with the intent of arousing yourself or the child.
The charges and penalties will depend on the child’s age, along with the age of the offender. If the child is injured, then that is an aggravating factor that carries increased penalties.
Enticing a Child for Indecent Purposes
Trying to entice a child to meet you for an illicit purpose is also illegal—even if you fail to convince the child to meet with you. Under O.C.G.A. § 16-6-5, a person can be charged with enticement if they solicit or entice any child under 16 to commit molestation or indecent acts.
An adult facing enticement charges can be imprisoned for 10-30 years. If the offender and victim are close in age, then the offender might face misdemeanor charges.
Possession of Child Pornography
Both state and federal laws can come into play when dealing with digital images of child pornography. It is illegal to even possess any sexualized image of a minor. You should meet with a LaGrange criminal lawyer who can defend against child pornography charges.
Understanding Sex Offenses & What Defenses Work
At Moffitt Law, LLC, we are willing and able to defend people from any criminal charge. However, the best defense will depend on the exact charge you face and other factors.
One common defense to most sex crimes is consent. If the alleged victim consented, then there is no crime. We want to see any text messages between you and the victim, both before and after the alleged incident. These messages often paint a different picture than the one the alleged victim describes to the police.
The main exception is when a child is the victim. Someone under 16 cannot consent, so it doesn’t matter if they initiated contact with you or were even aggressive in pursuing you. Because 16 is the age of consent, any sexual contact is illegal.
Any crime involving electronic devices like enticement or child pornography raises interesting factual issues. The state needs to prove you were the one communicating with the victim or gathering the pornography. It’s not enough to show your computer downloaded an illegal image or that someone using your cell phone sent a text message to a minor. Instead, the state needs to show you were the one who committed the illegal act.
We can work to build a defense, depending on the circumstances of your charges. This may include raising questions of reasonable doubt or witness credibility.
Call Us to Schedule A Consultation
A La Grange criminal lawyer at Moffitt Law is eager to hear your story. We can describe the charges and potential penalties you are facing in greater detail, and work on your next steps. Our firm is dedicated to protecting the liberty of those who are facing time behind bars.
