Defining Child Molestation
In Georgia law, child molestation is either:
- Engaging in an indecent or immoral sexual act with or in the presence of a child 16 years old or younger, with the intent to sexually arouse or pleasure either party.
- Sending sexually explicit or provocative images or videos to a child 16 years old or younger.
What Are the Legal Consequences for Child Molestation?
In Georgia, child molestation is a felony offense in almost all cases. The only notable exception is when:
- The victim is between 14 and 16 years old
- The defendant is 18 years old or younger.
If both of those criteria are met, the crime may be considered a misdemeanor.
A first-time offender convicted of child molestation will face between five and twenty years of incarceration. Furthermore, the convicted person will be registered as a sex offender and will receive mandatory counseling from the state.
A second conviction for child molestation will result in between ten and thirty years of incarceration. In some cases, a life sentence may be handed down by the court. The convicted person will also have to be registered as a sex offender.
Defending Against Child Molestation Charges
An accusation for a sex crime can have a major impact on a person’s life, but an accusation does not guarantee a conviction.
Some possible defenses for this crime include:
- Proving that the molestation did not occur by providing proof that the defendant was not present at the time of the incident.
- Showing that the accusation is false.
- Producing evidence that proves that the victim was of legal age at the time of the incident.
- Explaining the motive behind the touching or the contact. If the contact was not sexual in nature, and instead was simply based on something like changing a baby’s diaper or providing care to a child, then no crime has been committed.
The details of the case will always help the Turner Firm determine the most effective defense, but these general defenses may be effective. Every and every case has a unique defense, and if there is a crack in the armor, The Turner Firm will find it and prove your side of the story.
You Need the Strongest Defense Possible
Sex crimes must be handled seriously and carefully. Even if you are innocent, the prosecution has a vested interest in proving that you are guilty. To protect yourself and your legal rights, you need a legal team behind you who will fight for you throughout the process.
At the Turner Firm, we take pride in the work that we do. We know that no case is unwinnable with the right preparation and evidence.
Submit our contact details below to schedule a free, confidential case evaluation.