by Mike Jacobs
Child Molestation is a serious crime in the State of Georgia. It is imperative that you retain a qualified attorney immediately if you are being accused of child molestation. Many allegations of child molestation are false. Even if you know the allegation of child molestation against you is made up, you still must take it very seriously and aggressively defend yourself.
O.C.G.A. § 16-6-4 defines child molestation as follows:
A person commits the offense of child molestation when such person: Does any immoral or indecent act to or in the presence of or with any child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the accused OR by means of electronic device, transmits images of a person engaging in, inducing, or otherwise participating in any immoral or indecent act to a child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person.
Child Molestation is a specific intent crime. Whether the accused has the requisite intent when he committed the act of child molestation is up to a jury. The jury can infer the requisite intent of “arousing or satisfying sexual desires” from the commission of the act. However, proof of the accused’s actual arousal is not required. Intent can be inferred from the testimony of the victim or from the actions of the accused.
No penetration is required for child molestation. All that is required is the touching of the child’s body along with the requisite intent. It does not matter whether the child was clothed or unclothed in determining whether the act was immoral or indecent.
The indictment does not have to allege the specific details of the child molestation. It can use general language of the statute.
Child molestation can also be performed by the electronic transmission of images of a person engaging in, inducing or otherwise participating in any immoral or indecent act to a child under the age of 16 years old with the intent to arouse or satisfy the sexual desires of either the child or the accused. All that is required is that either the accused or the alleged victim resides in the State of Georgia.
The punishment for child molestation is a mandatory of 5 years to 20 years in prison. If it a second conviction for child molestation then it can be life in prison or a mandatory 10 years up to 30 years in prison.
If someone is making an allegation of child molestation against you, it is imperative that you do not talk to the police, do not talk to the person who is accusing you of child molestation and call us.
Time is of the essence to properly investigate the allegations.
I would be happy to meet with you any time for a free consultation to discuss your case, your rights and your defenses to these allegations.
Call me at 404-581-0999 and let’s schedule a time to meet and discuss your case.
It is your life, your criminal record and you deserve the best representation possible.