Child Molestation Defense Attorney in Augusta, GA

A person commits the offense of child molestation when such person 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 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.

Sentencing Range: Minimum 5 years in prison, maximum of 20 years in prison.  Second or subsequent conviction: 10-30 years in prison or life in prison.  Potential for downward departure O.C.G.A. § 17-10-6.2.

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.

Sentencing: Minimum 25 years in prison without the possibility of parole, maximum is life in prison. Subject to sex offender registry.

A statement made by a child younger than 16 years of age describing any act of sexual contact or physical abuse performed with or on such child by another or with or on another in the presence of such child shall be admissible in evidence by the testimony of the person to whom made if the proponent of such statement provides notice to the adverse party prior to trial of the intention to use such out-of-court statement and such child testifies at the trial, unless the adverse party forfeits or waives such child's testimony as provided in this title, and, at the time of the testimony regarding the out-of-court statements, the person to whom the child made such statement is subject to cross-examination regarding the out-of-court statements.

What this means: The State is permitted to present hearsay statements from children at the trial of these cases.  Child hearsay is most often admitted through the testimony of a worker from a Child Advocacy Center.

In the prosecution for certain sexual offenses, evidence relating to the past sexual behavior of the complaining witness shall not be admissible, either as direct evidence or on cross-examination of the complaining witness or other witnesses, except as provided in this Code section. For the purposes of this Code section, evidence of past sexual behavior includes, but is not limited to, evidence of the complaining witness's marital history, mode of dress, general reputation for promiscuity, nonchastity, or sexual mores contrary to the community standards.

What this means: The State can block certain evidence from being admitted at trial that may discredit the accuser. There are exceptions and methods to introduce evidence that would otherwise be blocked by the Rape Shield Statute.

A person commits the offense of enticing a child for indecent purposes when he or she solicits, entices, or takes any child under the age of 16 years to any place whatsoever for the purpose of child molestation or indecent acts.

Sentencing range: 10-30 years.

It is illegal to knowingly possess or control any material that depicts a minor or any portion of a minor’s body engaged in any sexually explicit conduct. It is unlawful to knowingly create, reproduce, publish, promote, sell, distribute, give, exhibit, or possess with intent to sell or distribute any such material.

It is unlawful for any person intentionally or willfully to utilize any form of online service or electronic communication to seduce, solicit, lure, or entice someone believed by such person to be under the age of 16, to commit any sexual act.

 Sentencing: up to 20 years in prison.

In a criminal proceeding in which the accused is accused of an offense of sexual assault, evidence of the accused's commission of another offense of sexual assault shall be admissible and may be considered for its bearing on any matter to which it is relevant.

Evidence of other crimes, wrongs, or acts shall not be admissible to prove the character of a person in order to show action in conformity therewith. It may, however, be admissible for other purposes, including, but not limited to, proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident. The prosecution in a criminal proceeding shall provide reasonable notice to the defense in advance of trial, unless pretrial notice is excused by the court upon good cause shown, of the general nature of any such evidence it intends to introduce at trial. Notice shall not be required when the evidence of prior crimes, wrongs, or acts is offered to prove the circumstances immediately surrounding the charged crime, motive, or prior difficulties between the accused and the alleged victim.