Georgia Sex Offender Laws

The state of Georgia has three-prong qualification criteria for sex offender status. If you are found by law to violate any of them, you would be required to register for the sex offender registry in Georgia. Those three, cited in O.C.G.A. § 42-1-12 (a)(20) are:

• Any individual who has been convicted of a criminal offense against a victim who is a minor or any dangerous sexual offense;
• A person who has been convicted under the laws of another state or territory, under the laws of the United States, under the Uniform Code of Military Justice, or in a tribal court of a criminal offense against a victim who is a minor or a dangerous sexual offense.
• Any individual required to register under subsection (e) of this Code section.

Starting with the first category, a significant number of statutes in Georgia apply to the sentence. There are two parts to this which include crimes against victims who are minors OR any dangerous sexual offense (sexually dangerous predators).

Some of the “criminal offenses against a victim who a minor” in Georgia include:

• The kidnapping of a minor, except by a parent
• False imprisonment of a minor, except by a parent
• Criminal sexual conduct toward a minor
• Solicitation of a minor to engage in sexual conduct
• Use of a minor in a sexual performance
• Solicitation of a minor to practice prostitution
• Use of a minor to engage in any sexually explicit conduct to produce any visual medium depicting such conduct
• Creating, publishing, selling, distributing, or possessing any material depicting a minor or a portion of a minor’s body engaged in sexually explicit conduct
• Transmitting, making, selling, buying, or disseminating using a computer any descriptive or identifying information regarding a child for the purpose of offering or soliciting sexual conduct of or with a child or the visual depicting of such conduct
• Conspiracy to transport, ship, receive, or distribute visual depictions of minors engaged in sexually explicit conduct
• Any conduct which, by its nature, is a sexual offense against a victim who is a minor

Some of the “dangerous sexual offenses” in Georgia include:

• Aggravated assault with the intent to rape in violation of Code Section 16-5-21;
• Kidnapping in violation of Code Section 16-5-40, which involves a victim who is less than 14 years of age, except by a parent;
• Trafficking an individual for sexual servitude in violation of Code Section 16-5-46;
• Rape in violation of Code Section 16-6-1;
• Sodomy in violation of Code Section 16-6-2;
• Aggravated sodomy in violation of Code Section 16-6-2;
• Statutory rape in violation of Code Section 16-6-3 if the individual convicted of the offense is 21 years of age or older;
• Child molestation in violation of Code Section 16-6-4;
• Aggravated child molestation in violation of Code Section 16-6-4, unless the person was convicted of a misdemeanor offense;
• Enticing a child for indecent purposes in violation of Code Section 16-6-5;
• Sexual assault against persons in custody in violation of Code Section 16-6-5.1;
• Incest in violation of Code Section 16-6-22;
• A second conviction for sexual battery in violation of Code Section 16-6-22.1;
• Aggravated sexual battery in violation of Code Section 16-6-22.2;
• Sexual exploitation of children in violation of Code Section 16-12-100;
• Electronically furnishing obscene material to minors in violation of Code Section 16-12-100.1;
• Computer pornography and child exploitation in violation of Code Section 16-12-100.2;
• Obscene telephone contact in violation of Code Section 16-12-100.3; or
• Any conduct which, by its nature, is a sexual offense against a victim who is a minor or an attempt to commit a sexual offense against a minor victim.

The 3rd Qualifier of Sex Offender Designation under Georgia Law

The third element of the sex offender law registry designation in Georgia is intended to cover individuals who have moved into the State and are required to register as sexual offenders by federal law, military law, tribal law, laws of another state or territory, or if they have been convicted of a crime against a minor victim or dangerous sexual offense in another state.  

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Under Georgia’s Computer or Digital Pornography and Child Exploitation Prevention Act of 2007, it’s also a crime for an individual to use an internet service (for example, a chat room, instant message, or email account) or a digital device (like a computer, smartphone, or flash drive) to lure or solicit a child below the age of 16 (or someone the suspect believes is a child) to take part in any prohibited sexual activity, like child molestation.

If you recall from the previous section, this is the scenario that the designated law enforcement agency has used to entangle individuals in stings across Georgia.

By way of instance, someone who, through email, invites an undercover officer posing as a 15-year-old kid to arrive at the defendant’s house and participate in sexual activity may be convicted of online enticement.

An important note here is that no actual sexual activity has to occur between a child and an adult individual in Georgia; it’s simply the implication that will result in a criminal charge.

Here is the actual text of O.C.G.A. 16-12-100.2(d):

It shall be unlawful for any person intentionally or willfully to utilize a computer online service or Internet service, including but not limited to a local bulletin board service, Internet chat room, e-mail, online messaging service, or other electronic device, to seduce, solicit, lure, or entice, or attempt to seduce, solicit, lure, or entice a child or another person believed by such person to be a child to commit any illegal act described in Code Section 16-6-2, relating to the offense of sodomy or aggravated sodomy; Code Section 16-6-4, relating to the offense of child molestation or aggravated child molestation; Code Section 16-6-5, relating to the offense of enticing a child for indecent purposes; or Code Section 16-6-8, relating to the offense of public indecency or to engage in any conduct that by its nature is an unlawful sexual offense against a child.

If you’ve ever watched an episode of To Catch a Predator, you know a common defense is that “I didn’t actually do anything,” The way the laws are established in Georgia makes that irrelevant. Simply showing interest and action is enough to land you in prison.

Penalties for Violation of O.C.G.A. 16-12-100.2(d)

Enticing a child online is a felony in Georgia, punishable by one to twenty-five years’ imprisonment plus a fine of up to $25,000. Suppose the child is between 14 to 15 years old, and the suspect isn’t greater than three years older than the kid. In that case, the offense is punishable as an aggravated misdemeanor by up to twelve months in Georgia State Prison plus a fine of around $5,000.

After release from prison, you would be required to join the national sexual offender registry. In addition to registration, a conviction would also lead to supervised release. If you were incarcerated and paroled, you would still have registration requirements and be closely monitored, with your criminal history being considered as the Board assesses your sex offender classification.

Thus, if you are accused of a sexual offense without merit, you must fight to avoid a conviction from the start.

This is the actual language used by the state of Georgia regarding the penalties for O.C.G.A. 16-12-100.2(d):

Any person who violates paragraph (1) of this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than 20 years and by a fine of not more than $25,000.00; provided, however, that, if at the time of the offense the victim was 14 or 15 years of age and the defendant was no more than three years older than the victim, then the defendant shall be guilty of a misdemeanor of a high and aggravated nature.

Mann v. Georgia Department of Corrections

Location-based restrictions for Georgia sex offenders.

Recently, the Georgia Supreme Court struck down portions of the Georgia Sex Offender Registry as unconstitutional.

In their review of Mann v. Georgia Department of Corrections, the Court declared that requiring a registered sex offender to move whenever a restricted establishment like a church or school was built or opened within 1,000 feet of where they lived is unreasonable if they were previously permitted to live in that location under the purview of the law.

Georgia Sex Offender Registry Removal Laws

Provisions allowing for the removal of an individual from the National sex offender registry.

Under some circumstances, registered sex offenders can be removed from the registry in Georgia. Georgia legal code § 42-1-19 allows convicted sex offenders to petition for removal from the Georgia Sex Offender Registry if:

• The offender becomes permanently disabled or is confined to a nursing home, hospital, or hospice
• The crime is later deemed a misdemeanor offense
• The crime was a kidnapping or false imprisonment of a minor without a sexual connotation, act, or attempted sexual act
• The sex offender completed their sentence and has no additional arrests or convictions

If an individual has been deemed a sexually dangerous predator by the state of Georgia, there is no opportunity for expungement. Being labeled a sexually dangerous predator means that they are considered to have the propensity to commit future dangerous sexual offense crimes and will remain on the registry permanently.

“Romeo and Juliet” Laws in Georgia

Rules governing underage and close-age relationships in Georgia.

One formerly gray area in sex offender legislation is sexual acts between minors. In Georgia, laws define felonious and misdemeanor sexual contact or acts. The legal age of consent in Georgia is 16 years old. Anyone under the age of 16 cannot legally consent to sexual activity regardless of the age of the other participant unless they’re married to each other.

Georgia does not have a close-in-age exemption, which decriminalizes some acts if there is less than four years difference between the ages of the sexual partners. These are so-called “Romeo and Juliet” laws that are meant to provide legal guidelines regarding such cases. The state does reduce the crime from a felony to a misdemeanor if the offender is younger than 19 and the victim is less than four years younger than the offender at the time of the act.

Georgia is Losing Federal Funding to Enforce Sex Offender Laws

Years of playing chicken with the Federal Government have led to a reduction in sex offender law money in Georgia

Georgia receives millions of dollars each year from the Federal Government through the  Edward Byrne Memorial Justice Assistance Grant to help manage their sex offender registry program. They will now have to carry on without much of that money.

You will find 22,345 individuals on Georgia’s sex offender registry list, with nearly 4,000 who have not been properly ‘classified’ by the Sex Offender Registration Review Board. Registrants should be classified based on a scale of their threat level for re-offending. The classification system helps local law enforcement concentrate on tracking those sex offenders who pose the most danger.

The Department of Justice has found Georgia’s registry deficient yearly since 2011. Georgia had been able to appeal the decision in recent years and still receive the total amount, but that is no longer the case.

Contact an Experienced Georgia Sex Crimes Lawyer

Whether you’re a resident or nonresident sexual offender in Georgia, you must abide by the laws of the state. If you’re facing charges in Georgia or have questions about sex offender registration, contact a knowledgeable attorney.

An experienced Georgia sex crimes lawyer can help you understand your rights and obligations under the law and may be able to assist in getting your name removed from the state sexual offender registry.

Conoscienti & Ledbetter Law Firm is one of the leading criminal defense law firms in Georgia. Our attorneys have decades of experience defending individuals charged with serious offenses, including sex crimes. We understand the complex web of statutes surrounding Georgia’s sex offender registry and can provide the zealous legal representation you need.

Contact us today for a free consultation.