Child Molestation
Child molestation and aggravated child molestation are both extremely serious criminal offenses in Georgia. On account of the seriousness of the charges, the complexity of the applicable statutes, and the special nature of investigating and defending against a molestation charge, representation by an experienced child molestation attorney is absolutely essential for anyone under investigation or already arrested.
Child Molestation and Aggravated Child Molestation in Georgia
The primary statute that applies in child molestation cases is found in Section 16-6-4 of the Georgia Code. In subsection a, the law provides that the offense of child molestation occurs when a person:
“1. Does an 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 an 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.”
The statute further provides that when the conduct in subsection 1 involves touching a child in multiple places, the touching of each area constitutes a separate offense.
Subsection c provides that the offense of aggravated child molestation occurs when an offense of child molestation results in physical injury to the child or involves an act of sodomy.
Penalties for the Child Molestation Offenses
Section 16-6-4 includes complex provisions relating to the penalties for a conviction of child molestation or aggravated child molestation.
Conviction of a first offense of child molestation carries a prison sentence of five to 20 years and designation as a sex offender under Georgia statutory provisions. Second and subsequent convictions carry a prison term of ten to 30 years or life imprisonment and sex offender designation. However, if the victim is at least 14 years old but less than 16 years old, and the defendant is 18 years old or less and no more than four years older than the victim, the offense is punished as a misdemeanor.
A conviction on the charge of aggravated child molestation carries a sentence of life imprisonment or a prison term of at least 25 years followed by probation for life. However, the offense is treated as a misdemeanor if the victim is at least 13 years old but under the age of 16, the defendant is 18 years old or younger and no more than four years older than the victim, and the basis of the charge is sodomy.
Defending Against a Child Molestation Charge
The significant prison sentences and implications of a conviction, which include placement on the sex offender registry, make it imperative to get help from an experienced criminal defense lawyer in defending against any child molestation charge. You need an attorney who will aggressively defend you by thoroughly investigating the facts of the case and protecting your rights and interests.
Child molestation cases are very different from many other offenses, because the primary witness is almost always a child. Often, there is not an eyewitness or any physical evidence to prove or disprove the allegations. There are a number of viable defense strategies, depending on the specific facts of the case.
Oftentimes, a child or adult may falsely report a molestation crime to serve ulterior motives. Proving the falsity of the claims is one possible defense. There are also times when the touching in question was not inappropriate in the circumstances, so the full situation needs to be assessed in detail.
Child molestation cases often involve special rules of evidence and specialized pretrial motions, based on how the prosecutor’s evidence was acquired from the child. Analyzing the evidence in detail is necessary to build a defense based on defects in how the evidence was gathered.
The unique nature of child molestation cases, the complicated nature of the applicable Georgia statutes, and the specialized trial procedures require representation by a criminal molestation attorney knowledgeable in defending against molestation cases. At Criminal & DUI Law of Georgia, we have the experience, knowledge, and skills to vigorously defend you against child molestation charges or represent you in a molestation investigation.
Talk With an Experienced Georgia Child Molestation Defense Attorney
If you face a child molestation charge in Georgia, an aggressive defense strategy is essential. At The McCoy Law Firm, LLC, our extensive criminal defense experience includes handling molestation cases involving many different types of situations. We review the facts of the case in detail, identify the best defenses and strategy for your case, and protect your rights throughout the criminal process.
Based in Cartersville, we serve clients throughout Bartow County, Cobb County, Cherokee County, Gordon County, Floyd County, and Paulding County. We welcome you to contact Criminal & DUI Law of Georgia to schedule an appointment.