Enticing a child for indecent purposes is a serious crime in Clayton County. It is imperative that you retain a qualified attorney immediately if you are being accused of Enticing a child for an indecent act. Many allegations of enticing a child are false. Even if you know the allegation of enticing a child against you is made up, you still must take it very seriously and aggressively defend yourself. The Clayton County District Attorney’s office has a unit dedicated to prosecuting sex crimes.
O.C.G.A. § 16-6-5 defines Enticing a Child for indecent purposes as follows:
A person commits the offense of enticing a child for indecent purposes when he or she solicits, entices, or takes any child under the age of 16 years to any place whatsoever for the purpose of child molestation or indecent acts.
The Clayton County District Attorney must prove a joint operation of (1) the act of enticing a child and (2) the intention to commit acts of indecency or child molestation.
Enticing a Child for Indecent Purposes is different than Child Molestation because of the extra element of asportation. The asportation element is satisfied with the taking involving physical force, enticement or persuasion. The evidence must show some movement of the child. It can be slight movement.
Indecent Acts means illicit sexual conduct. Because the statute refers to both indecent acts and child molestation, it is reasonable to assume that indecent acts are different than acts punished by the child molestation statute.
Neither consent nor lack of knowledge of the child’s age is a defense to prosecution under the Enticing a Child statute.
The statute is intended to protect children from sexual predators. It is unlawful to entice any child under the age of 16.
The punishment for Enticing A Child is a mandatory of 10 years imprisonment up to 30 years and at least 1 year of probation.
The Clayton County District Attorney’s office vigorously prosecutes these cases.
Do not wait until the Clayton County District Attorney actually returns an indictment against you for Enticing a Child before seeking an attorney. It is vital that you immediately retain an attorney and get to work in defending yourself of these allegations.
Call me at 404-581-0999 and let’s schedule a time to meet and discuss your case.