Internet Sex Crime Lawyer in Marietta, GA

With the internet being more accessible than ever it is no surprise that internet sex crimes are on the rise. With the transition of most dating services to the online space and many new “hookup” platforms being launched as applications for smartphones the chances of interacting with minors in a sexual nature is more prevalent and likely than ever even if unintended by the user. Law enforcement agencies are picking up their pace and targeting many users of these apps and platforms in an attempt to crack down on internet sex crimes within local communities and sec trafficking on the national level. A lot of times innocent people are caught in their net and charged with obscene crimes. Don’t fall victim to prosecution for a crime that you haven’t committed, call Cobb Criminal Defense and retain an experienced and respected internet sex crimes attorney today!

Internet Sex Crimes Against Minors

Online Child Exploitation Criminal Offenses in Georgia

There are three Georgia criminal statutes that address unlawful sexual communications with children online. These include:

• Soliciting sexual images of a child.

• Electronically furnishing sexual images, audios, or videos to minors.

• Communicating with a child online for the purpose of engaging in sexual behavior.

Misdemeanor convictions carry penalties of a jail sentence of up to one year, a fine of up to $1,000, or both.

Felony convictions are punished with a prison sentence of between five and twenty years, a fine up to $100,000, or both.

An experienced sex crimes attorney knows how to pick apart the prosecution’s case by the evidence that they present. This is your best chance to beat internet sex crimes against minors charges and maintain your innocence.

O.C.G.A. § 16-12-100.2 Computer or Electronic Pornography and Child Exploitation Prevention Act of 2007

According to O.C.G.A. § 16-12-100.2, a "child" is defined as a minor who is under the age of 16 years. In the state of Georgia, it is illegal for an individual to use any type of electronic device to:

• communicate with a child in any sexual manner; or



• use any electronic device to store, send, manufacture, sell, trade, delivery, transmit, upload or download to the internet photographs, audio, or videos that visually depict a child engaging in sexually explicit conduct for sexual purposes. 

Electronic devices are defined as, but are not be limited to, a mobile phone, cell phone, computer, video game system, thumb drive, CD-ROM, DVD, Blu-ray Disk, tablet computer, wearable device, or any other electronic device that could be used in the exploiting of a child for sexual purposes. 

"Visual depiction" is defined under Georgia law as any undeveloped film, images, videotapes, videos, pictures, data stored on a storable device or disk, or through electronic means may be converted into a visual image or video that has been created, modified or adapted to show an identifiable child engaging in sexually explicit behavior.

O.C.G.A. § 16-12-100.2(c)(1) Computer or Electronic Child Pornography

According to O.C.G.A. § 16-12-100.2(c)(1), an individual has committed the crime of "Computer or Electronic Child Pornography" if they intentionally or willfully:

• Collects, transmits, or enters into images or videos by electronic device or computer that depict a child engaging in sexually explicit conduct for sexual purposes;

• Produces, creates, makes, publishes, prints, or reproduces by electronic device or computer an image or video that depicts a child who is engaging in sexually explicit behavior for sexual purposes;

• Permits or enables an electronic device, online internet account, computer, or computer network to be accessed or transmits images or videos that depict a child engaging in sexually explicit conduct for sexual purposes; or

• Sells, purchases, exchanges, sells, receives, or distributes any statement, advertisement, or notice, or provides any child's name, place of residence, telephone number, physical traits, or other characteristic or identifying information for the purpose of soliciting or offering sexual conduct with a child or the visual depiction of such conduct.

According to O.C.G.A. § 16-12-100.2(c)(2), an individual convicted of violating the aforementioned subsection has committed a felony criminal offense which is punishable with a fine of up to $10,000.00 and a prison sentence of one to 20 years. 

A Computer or Electronic Child Pornography criminal offense is charged as a felony. However, if the defendant violates the aforementioned, they could be guilty of a misdemeanor offense if:

• The child, at the time of the crime, was at least 14 years of age;

• The visual depiction was produced with the consent of the child;

• The defendant has in their possession the visual depiction with the consent of the child; and

• The accused was 18 years of age or younger at the time of the criminal offense; and

• The defendant did not disseminate the visual depiction to someone else; or

• Under the court's discretion, and when the defendant and the prosecution have agreed, if the accused's actions involved the distribution of said visual depiction to someone else but the dissemination was intended to:
  
  
• Intimidate, harass, or embarrass the child visually depicted; or
• Be used for commercial purposes.

• The prohibition in this subsection does not apply to those people who created or possessed a visual depiction of themself.
  

Electronically Furnishing Obscene Material to Minors Offenses in Georgia

O.C.G.A §16-12-100.1 makes it a felony for an adult to send sexually explicit images, audios, and videos to a minor. The prosecution is required to prove that the defendant understood that the individual was a minor or the perpetrator should have understood that they were sending the pornography to a minor.

Soliciting Sexual Images of Minors Criminal Offenses in Georgia

According to O.C.G.A §16-12-100, it is against the law to induce, persuade, force, entice, pressure, or coerce any child to engage in the manufacture of sexually explicit content.

This typically involves asking a minor to pose for a nude photo or video. Even if the content does not display sexual conduct, it is against the law if the content contains a lewd exhibition of the pubic area or genitals of a minor. 

Enticing a Child for Indecent Purposes Offenses in Georgia

According to Georgia O.C.G.A. §16-6-5, it is a felony for a person who is over the age of 18 years to entice or solicit a child for indecent purposes, or solicits, takes, or entices a child who is under the age of 16 years to a place for the purpose of indecent acts or child molestation. One important element in an "Enticing a Child for Indecent Purposes" criminal case is Asportation. The prosecution must prove that there was a "moving or taking" of the child to a place where the indecent act would transpire. The moving or taking could be achieved using enticement, persuasion, or force.

If a defendant is convicted of "Enticing a Child for Indecent Purposes," he or she would be found guilty of a felony in Georgia. The penalties would include a prison sentence of between 10 and 30 years and a significant fine. The defendant would also be required to register as a sex offender in Georgia and register as a sex offender on the National Sex Offender Registry. 

If the defendant is not more than four years older than the victim and is 18 years or younger, and the victim is between 14 and 16 years old, the defendant would be found guilty of a misdemeanor charge. The defendant would also be required to register as a sex offender in Georgia and register as a sex offender on the National Sex Offender Registry.

Enticing a child for indecent purposes is the charge most prevalent in STING operations. Many factors come into play in order to successfully convict a suspect of this crime. Entrapment is the biggest risk factor for the prosecution due to the nature of communication exchanges between the law enforcement officers and suspect prior to the physical meeting or engagement. Retaining an experienced sex crimes defense attorney can mean the difference between being convicted of an internet sex crime against minors that could send you to prison for up to 20 years and ruin your life as you know it, or fighting for you innocence and moving past the incident to continue your life as a free person.

The Best Sex Crime Attorney Near Me

If you have been accused of an online sex crime in Atlanta, you need to speak with one of our experienced Sex Crime Defense Attorneys as quickly as possible. Our expert sex crime lawyers are your best chance at maintaining your innocence and preserving your current life. Do not delay in retaining the best sex crimes defense lawyer, as you read this the prosecution team is actively working on your criminal case so that they can land a conviction and put you in prison! For a sex crime attorney near you, call Cobb Criminal Defense today and receive a free consultation from our expert Internet Sex Crimes Attorneys.