Georgia Sexual Exploitation of Children Defense Lawyer

 

What Offenses Does Sexual Exploitation of Children Law Cover?

Georgia's law against the sexual exploitation of children prohibits virtually every aspect of the production, promotion, distribution and possession of child pornography. It states that it is unlawful to knowingly:

  • Possess or control any material which depicts a minor or a portion of a minor's body engaged in any sexually explicit conduct;

  • Create, reproduce, publish, promote, sell, distribute, give, exhibit, or possess with intent to sell or distribute any visual medium which depicts a minor or a portion of a minor's body engaged in any sexually explicit conduct;

  • Advertise, sell, purchase, barter, or exchange any medium which provides information as to where any visual medium which depicts a minor or a portion of a minor's body engaged in any sexually explicit conduct can be found or purchased;

  • Bring or cause to be brought into this state any material which depicts a minor or a portion of a minor's body engaged in sexually explicit conduct; or

  • Employ, use, persuade, induce, entice, or coerce any minor to engage in or assist any other person to engage in any sexually explicit conduct for the purpose of performance.

It is also illegal for “any parent, legal guardian, or person having custody or control of a minor knowingly to permit the minor to engage in or to assist any other person to engage in sexually explicit conduct for the purpose of producing any visual medium depicting such conduct” or “for the purpose of any performance.” In other words, it is illegal to produce, possess, advertise, distribute, exhibit, or transport into the state any sexually explicit materials involving children under the age of 18 years. It is also illegal to allow your children to participate in the production of pornography.

Duty To Report

The law mandates that anyone who comes across – while processing or producing visual or printed matter, privately or commercially – any depictions of minors engaged in sexually explicit conduct must report the incident to the authorities.

What Is Considered Child Pornography in GA?

Identifying child pornography is usually pretty straightforward. Photos of kids engaged in sexual acts are obviously reprehensible and illegal. However, there can be some gray areas. Is it illegal for a parent to take a nude photo of their child in the bathtub and post it online (or is it just very bad judgment)? Since there is no sexual intent, most people would not consider this type of action to be unlawful. In 1964, U.S. Supreme Court Justice Potter Stewart famously defined pornography this way: “I'll know it when I see it.” While this statement rings true, it does not offer very firm legal guidance. Fortunately, state and federal laws have attempted to define what constitutes child pornography more clearly.

Georgia's sexual exploitation of children law prohibits materials depicting any minor engaged in sexually explicit conduct. It further defines “sexually explicit conduct” as actual or simulated:

  • Sexual intercourse, oral sex, or anal sex;

  • Bestiality;

  • Masturbation;

  • Lewd exhibition of genitals or pubic area;

  • Flagellation by or torture of a nude person;

  • Fettering or binding of a nude person;

  • Physical contact for apparent sexual stimulation with unclothed genitals, pubic area, buttocks or female nude breasts;

  • Defecation or urination for the viewer's sexual stimulation; or

  • Penetration of the rectum or vagina by any object except as part of a recognized medical procedure.

Thus, any material depicting children involved in any of these acts qualifies as child pornography.

Punishments For Child Sexual Exploitation Georgia

A conviction for violating any of these provisions is considered a felony (except failure to report child pornography by those processing or producing visual or printed matter, which is a misdemeanor). This offense carries a sentence of five to twenty years in prison and a fine of up to $100,000. (If the offender is a member of the immediate family of the victim, no fine will be imposed.) Furthermore, any property used to commit the crime and any profits gained from the offense are subject to forfeiture. Finally, a conviction for the sexual exploitation of a child requires registration as a sex offender.