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§ 16-6-4 - Child molestation; aggravated child molestation

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O.C.G.A.16-6-4 (2010) 16-6-4.Child molestation; aggravated child molestation (a)A person commits the offense of child molestation when such person:(1)Doesany immoral or indecent act to or in the presence of or with any childunder the age of 16 years with the intent to arouse or satisfy thesexual desires of either the child or the person; or(2)Bymeans of an electronic device, transmits images of a person engagingin, inducing, or otherwise participating in any immoral or indecent actto a child under the age of 16 years with the intent to arouse orsatisfy the sexual desires of either the child or the person.(b)(1)Except as provided in paragraph (2) of this subsection, a personconvicted of a first offense of child molestation shall be punished byimprisonment for not less than five nor more than 20 years and shall besubject to the sentencing and punishment provisions of Code Sections17-10-6.2 and 17-10-7. Upon a defendant being incarcerated on aconviction for a first offense, the Department of Corrections shallprovide counseling to such defendant. Except as provided in paragraph(2) of this subsection, upon a second or subsequent conviction of anoffense of child molestation, the defendant shall be punished byimprisonment for not less than ten years nor more than 30 years or byimprisonment for life and shall be subject to the sentencing andpunishment provisions of Code Sections 17-10-6.2 and 17-10-7; provided,however, that prior to trial, a defendant shall be given notice, inwriting, that the state intends to seek a punishment of lifeimprisonment.(2)If the victim is atleast 14 but less than 16 years of age and the person convicted of childmolestation is 18 years of age or younger and is no more than fouryears older than the victim, such person shall be guilty of amisdemeanor and shall not be subject to the sentencing and punishmentprovisions of Code Section 17-10-6.2.(c)Aperson commits the offense of aggravated child molestation when suchperson commits an offense of child molestation which act physicallyinjures the child or involves an act of sodomy.(d)(1)Except as provided in paragraph (2) of this subsection, a personconvicted of the offense of aggravated child molestation shall bepunished by imprisonment for life or by a split sentence that is a termof imprisonment for not less than 25 years and not exceeding lifeimprisonment, followed by probation for life, and shall be subject tothe sentencing and punishment provisions of Code Sections 17-10-6.1 and17-10-7.(2)A person convicted of the offense of aggravated child molestation when:(A)The victim is at least 13 but less than 16 years of age;(B)Theperson convicted of aggravated child molestation is 18 years of age oryounger and is no more than four years older than the victim; and(C)The basis of the charge of aggravated child molestation involves an act of sodomyshall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.1.(e)Aperson shall be subject to prosecution in this state pursuant to CodeSection 17-2-1 for any conduct made unlawful by paragraph (2) ofsubsection (a) of this Code section which the person engages in while:(1)Eitherwithin or outside of this state if, by such conduct, the person commitsa violation of paragraph (2) of subsection (a) of this Code sectionwhich involves a child who resides in this state; or(2)Withinthis state if, by such conduct, the person commits a violation ofparagraph (2) of subsection (a) of this Code section which involves achild who resides within or outside this state.
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  • O.C.G.A. 16-6-4 (2010)
    16-6-4. Child molestation; aggravated child molestation


    (a) A person commits the offense of child molestation when such person:

    (1) 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 person; or

    (2) By means of an 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.

    (b) (1) Except as provided in paragraph (2) of this subsection, a person convicted of a first offense of child molestation shall be punished by imprisonment for not less than five nor more than 20 years and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.2 and 17-10-7. Upon a defendant being incarcerated on a conviction for a first offense, the Department of Corrections shall provide counseling to such defendant. Except as provided in paragraph (2) of this subsection, upon a second or subsequent conviction of an offense of child molestation, the defendant shall be punished by imprisonment for not less than ten years nor more than 30 years or by imprisonment for life and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.2 and 17-10-7; provided, however, that prior to trial, a defendant shall be given notice, in writing, that the state intends to seek a punishment of life imprisonment.

    (2) If the victim is at least 14 but less than 16 years of age and the person convicted of child molestation is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.

    (c) A person commits the offense of aggravated child molestation when such person commits an offense of child molestation which act physically injures the child or involves an act of sodomy.

    (d) (1) Except as provided in paragraph (2) of this subsection, a person convicted of the offense of aggravated child molestation shall be punished by imprisonment for life or by a split sentence that is a term of imprisonment for not less than 25 years and not exceeding life imprisonment, followed by probation for life, and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7.

    (2) A person convicted of the offense of aggravated child molestation when:

    (A) The victim is at least 13 but less than 16 years of age;

    (B) The person convicted of aggravated child molestation is 18 years of age or younger and is no more than four years older than the victim; and

    (C) The basis of the charge of aggravated child molestation involves an act of sodomy

    shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.1.

    (e) A person shall be subject to prosecution in this state pursuant to Code Section 17-2-1 for any conduct made unlawful by paragraph (2) of subsection (a) of this Code section which the person engages in while:

    (1) Either within or outside of this state if, by such conduct, the person commits a violation of paragraph (2) of subsection (a) of this Code section which involves a child who resides in this state; or

    (2) Within this state if, by such conduct, the person commits a violation of paragraph (2) of subsection (a) of this Code section which involves a child who resides within or outside this state.

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