Articles Posted in Sex Crimes

By Larry Kohn, Atlanta Criminal Defense Lawyer and Georgia Super Lawyer®

If you’re asking “What is child molestation in Georgia?”, the answer comes straight from O.C.G.A. § 16-6-4: child molestation is any immoral or indecent act done to or in the presence of a child under 16 years old, where the act is intended to arouse or satisfy the sexual desires of either the child or the person committing the act. This Georgia felony covers touching private body parts (genitals, breasts, buttocks), exposing genitals to a minor, rubbing against a child, or even transmitting explicit images electronically—all with that specific sexual intent.

Unlike statutory rape laws, child molestation does not require penetration or sexual intercourse. Prosecutors only need to prove the indecent act occurred and sexual arousal was the goal.

By: Lawrence A. Kohn, Sex Crimes Attorney in Georgia Since 1998

Statutory rape in GA is a highly serious crime. Statutory rape Georgia allegations, however, can be defended on many different legal grounds and defense theories. 

In reviewing this highly important topic, many may be unaware that no single set of laws apply in all states. Yet, by discussing how similar crimes in other states (with different state laws) may allow a statutory rape in GA case to be defended may help an accused Georgia offender fully understand what defenses are assertable in the Peach State.

Per Georgia Code § 16-6-4, child molestation is defined as an individual performing any unethical or inappropriate act towards, in the vicinity of, or with a minor under 16 years old, with the aim of stimulating or fulfilling the sexual cravings of either the minor or the individual, or…

Through the use of an electronic gadget, sending pictures of an individual involved in, encouraging, or otherwise partaking in any unethical or inappropriate act to a minor under 16 years old, with the aim of stimulating or fulfilling the sexual cravings of either the minor or the individual.

When the victim is between 13 and 16 years old, and the perpetrator is 18 or younger and within four years of age of the victim, and the crime involves sodomy, it is considered a misdemeanor instead of a felony. Talk to criminal lawyer in Atlanta Larry Kohn to get a free case review where Larry will ask you questions about the alleged crime, and then start building a solid defense.