Child Molestation Georgia: Law, Penalties, Defenses

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.

Examples of Child Molestation in Georgia

Georgia prosecutors file child molestation charges for specific actions including:

Fondling or touching a child’s genitals, breasts, or buttocks (even over clothing)
Exposing genitals to a child under 16 while masturbating
Rubbing body parts against a minor with sexual intent
Showing pornography to a child while touching yourself or the child
Sending nude photos/videos via phone, Snapchat, or apps to anyone under 16
Asking a child to touch your genitals or expose themselves

Each distinct touch becomes a separate felony count. Touching breasts = Count 1. Touching vagina = Count 2. Asking child to touch penis = Count 3. Three separate 5-20 year felony charges from one incident.

Digital child molestation is real. Georgia courts have upheld convictions where adults sent dick pics or nude selfies to 14-15 year olds via text message or social media. The law specifically includes “any act which … can be electronically transmitted.” Sexual intent makes it child molestation under O.C.G.A. § 16-6-4, even without physical proximity.

Georgia Child Molestation Penalties (First Offense)

First offense child molestation = 5-20 years in prison (mandatory minimum 5 years served). Additional consequences include:

Lifetime sex offender registration
Required sex offender treatment counseling
No first-offender treatment (cannot get record restriction)
Loss of gun rights, teaching licenses, childcare jobs
Supervised probation 10+ years with polygraphs
Internet restrictions, travel limitations

Second child molestation conviction = 10-30 years or life imprisonment. No parole eligibility. Third strike = life without parole.

Aggravated Child Molestation – Life Sentences Possible

Aggravated child molestation applies when standard child molestation includes:

Physical injury to the child (bruising, soreness, tearing)
Sodomy (oral-genital or anal-genital contact with child under 16)

Penalties: Life in prison or 25 years to serve + life probation. Aggravated child molestation convictions carry Georgia’s harshest sex offender conditions including:

Tier 3 sex offender (highest risk level)
Lifetime electronic monitoring possible
No contact with own children under 18
Residency restrictions (cannot live near schools/parks)

Common Defenses That Beat Child Molestation Charges

Atlanta child molestation defense lawyer Larry Kohn wins these cases by attacking four weak points:

1. Lack of Sexual Intent

Medical exam? Changing diaper, helping child bathe, doctor visit
Innocent touch? Adjusting swimsuit, wiping after toilet use
No arousal evidence = no child molestation crime

2. False Accusation Motives

Custody battle – parent coaches child to hurt ex-spouse
Attention-seeking – teen fabricates story for family drama
Regret – 15-year-old claims coercion after consensual acts

3. Coached Child Testimony
Child forensic interviews by CESTER teams (Children’s Advocacy Centers) often reveal:

Inconsistent stories across multiple interviews
Leading questions by protective parent or interviewer
Age-inappropriate sexual knowledge

4. Forensic Evidence Gaps

No DNA/semen on child clothing or swabs
Normal medical exam (no bruising, tearing, redness)
No digital forensics proving image transmission

Aggressive investigation finds the holes. Our team immediately hires private investigators, child forensic experts, digital forensics specialists, and medical examiners. 60%+ of child molestation arrests never reach trial when defense lawyers expose these flaws early.

Child Molestation FAQ – Georgia Law 2026

What is the legal definition of child molestation in Georgia?
O.C.G.A. § 16-6-4: Any immoral/indecent act to/in presence of child under 16, intended to arouse sexual desires of either party.

Does child molestation require penetration?
No. Touching over clothes, exposing genitals, sending nudes – all qualify with sexual intent.

What’s the penalty for first-time child molestation?
5-20 years prison served + lifetime sex offender registration.

Can adults send nudes to 15-year-olds legally?
No. Electronic transmission of explicit images to minors under 16 = child molestation.

What is aggravated child molestation?
Standard child molestation + physical injury OR sodomy = life sentence possible.

Can child molestation be expunged in Georgia?
Never. Sex offenses against minors permanently bar record restriction.

How do you defend false child molestation accusations?
Attack coaching motives, lack of physical evidence, inconsistent stories, prove innocent intent.

Why Wait? Call Kohn & Yager Today

Child molestation allegations destroy lives – even if charges get dismissed. Act immediately. Every hour without experienced Atlanta sex crimes defense counsel strengthens the prosecution case.

Kohn & Yager has beaten serious Georgia sex crime charges for 25+ years. Our team earned Best Law Firms in America recognition by U.S. News & World Report since 2009. Multiple independent attorneys rate us Super Lawyers and Preeminent 5.0 on Avvo.

Fulton County • Cobb County • All Georgia courts. Free confidential consultations 24/7.

Call (404) 567-5515 now. We’ll answer your phone even on Sunday mornings. Ask about our payment plan options.