Definition of Child Pornography in Georgia
Child pornography is a form of child sexual exploitation. Georgia has very stiff penalties for anyone involved in child pornography including production, distribution, importation, reception, or possession of any image of child pornography.
Distributing Obscene Materials: O.C.G.A. §16-12-80
Sexual Exploitation of Children: O.C.G.A §16-12-100
Electronically furnishing obscene material to minors: O.C.G.A §16-12-100.1
Computer Pornography and Child Exploitation Prevention Act of 1999: O.C.G.A §16-12-100.2
|What is Prohibited||
Distributing Obscene Materials: Knowingly distributing, sell, lending, publishing any material that is deemed to be "obscene."
Mandatory Reporting Requirement: The section requires anyone responsible for producing or processing visual or printed matter or anyone with reasonable knowledge that child pornography exists must report the violation to the Georgia Bureau of Investigation.
Failure to report the offense is a misdemeanor.
Electronically furnishing obscene material to minors: Deliberately furnishing a minor with obscene material by electronic means.
Computer Pornography and Child Exploitation Prevention Act of 1999: Making, transmitting or reproducing an image of a child, or receiving or exchanging details about a child including name or contact details for the purposes of sexual exploitation. Chat rooms, bulletin boards and e-mail are all specifically included as means of communication.
|First Amendment Protections?||
Child pornography is not protected speech covered by the First Amendment.
|Definition of a "Minor"||
A person under 18 years of age. For O.C.G.A §16-12-100.2 a child is considered anyone under the age of 16.
|Definition of "Visual Medium"||
|Definition of "Producing"||Producing, Selling, Directing, Manufacturing, Issuing, or Publishing|
|Definition of "Obscene"||
See O.C.G.A. §16-12-80 or consult an experienced attorney.
|Mandatory State Sexual Offender Registry if Convicted?||O.C.G.A. § 42-1-12, Yes for some crimes. See the statute for more information.|
|Penalties||Felony or misdemeanor (including "high" and "aggravated" misdemeanors -- depending on nature of the crime); prison or jail time, fines, asset forfeiture, restitution, probation|
Federal Child Pornography Crimes
Child pornography is also a federal crime. Federal laws addressing child pornography are:
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Depending on the seriousness of the charges, a criminal conviction can result in prison time and other severe sentences. A defense attorney will be able to protect your rights and help ensure the best outcome possible. Before you sign a contract, though, consider having a Georgia defense attorney initially review your case at no cost to you.
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