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Child Pornography Charges and Penalties in Georgia
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Child Pornography Charges and Penalties in Georgia
Child pornography is a very serious crime in Georgia that comes with harsh penalties. Here is an overview of the child pornography laws, typical charges, defenses, and potential consequences in Georgia.
Child Pornography Laws in Georgia
Under Georgia law, child pornography is defined as any visual depiction of a minor under the age of 18 engaged in sexually explicit conduct. This includes images, videos, films, photographs, digital files, and other visual media. The two main charges related to child pornography in Georgia are:
- Possession of child pornography
- Production or distribution of child pornography
Georgia law does not require the minor to actually be engaged in sexual activity – even simulated sexual activity or sexually suggestive poses can qualify as child pornography. The law also bans sexually explicit communication with a minor, like “sexting.”
Some common ways people get charged with child pornography crimes in Georgia include:
- Downloading or viewing child pornography online
- Sharing child pornography through peer-to-peer networks or social media
- Producing images or videos of a minor engaged in sexual conduct
- Distributing or selling images of child pornography
- Possessing child pornography that was downloaded automatically into a cache file
- Participating in explicit online chats or “sexting” with a minor
Law enforcement agencies in Georgia frequently conduct sting operations targeting child pornography crimes. This involves an undercover officer posing as a minor online to try and catch adults soliciting minors for sex. While these operations aim to catch child predators, they have also ensnared some innocent people through entrapment.
Penalties for Child Pornography in Georgia
A conviction for possession of child pornography in Georgia carries a felony charge with 5-20 years in prison and a fine up to $100,000. Producing or distributing child pornography also brings 5-20 year prison sentences. Defendants under 21 years old may be eligible for lighter sentences if certain conditions are met.
In addition to incarceration, those convicted of child pornography face the following consequences:
- Mandatory registration as a sex offender – This brings restrictions on where offenders can live and work, and requires notifying neighbors of the conviction.
- Permanent criminal record – Makes it harder to get jobs, housing, loans, etc.
- Probation and parole – Typically involves counseling, treatment, monitoring, and other restrictions.
- Loss of rights – Potential loss of voting rights, gun ownership rights, and child custody.
The social stigma surrounding child pornography convictions can also lead to being ostracized from family and community. The penalties are severe even for first-time offenders.
Defending Against Child Pornography Charges
There are several possible defenses in Georgia child pornography cases. A skilled criminal defense lawyer can argue:
- You did not “knowingly” possess the material – It was downloaded accidentally or without your knowledge.
- The files were cached or deleted – You tried to delete them upon learning what they contained.
- Law enforcement misconduct – Entrapment, illegal searches, etc.
- Mistaken identity – Someone else possessed the illegal material.
- The material does not meet the definition of child pornography – No actual minors were involved.
An experienced attorney can also negotiate with prosecutors for reduced charges or sentencing. But you should never try to represent yourself in a child pornography case in Georgia – these are complex cases that require expert legal counsel.
Takeaways
- Georgia has strict laws banning the possession, production, and distribution of child pornography.
- Penalties involve years in prison, huge fines, and sex offender registration.
- But skilled defense lawyers can argue mistaken identity, accidental downloads, entrapment, and other defenses.
- Anyone facing child pornography charges needs an experienced criminal defense attorney to protect their rights.
Child pornography charges can carry life-changing consequences. But the criminal justice system still presumes defendants innocent until proven guilty. With an aggressive legal defense, many people accused of child pornography crimes can avoid convictions or reduce penalties. Do not hesitate to contact a qualified Georgia criminal defense lawyer if you or a loved one are facing allegations related to child pornography.