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    child molestation

    Jurisdiction / State: Georgia

    My friend has been accused of child molestation. He was indicted. What evidence is needed to convict someone of this charge? And is there a chance he could get probation instead of the sentence? This is his first charge and he has no criminal backround.


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    The testimony of the child will be enough to convict him. If there is any physical evidence it will certainly help. It is always possible that he will get probation if they do not want to subject the child to testifying, but usually child molesters get prison time, and a lifetime of being on the sex offender registry. I personally would give him life and forget he exists. I know you think you care about him, but he isn't who you thought he was.

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    Do you have any friends that aren't criminals?

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    Quote Originally Posted by flowerpower57 View Post
    My friend has been accused of child molestation. He was indicted. What evidence is needed to convict someone of this charge? And is there a chance he could get probation instead of the sentence? This is his first charge and he has no criminal backround.
    There are varying degrees of molestation offenses. What specific statute is he charged under? Without the specific statute there is no way to determine what elements the state must prove to gain a conviction.

    As for the evidence needed, the standard is that the state must prove their case beyond a REASONABLE doubt. So, if the victim's testimony is sufficiently compelling, then that might be all that is required. In some instances corroboration or physical evidence might be required to convince a jury, but not always.

    And if he is guilty of the offense, he can rot in a cage somewhere.
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    He's just being charged with general child molestation.

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    Quote Originally Posted by flowerpower57 View Post
    He's just being charged with general child molestation.
    And the code section would be ... ????

    And how old is the suspect? How old is the victim?

    The term "molestation" can be used broadly for everything from fondling to penal penetration, so we need to be a little more specific here.
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    The code section for ga. is 16-6-4. The suspect is 34 and the victim is 14.

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    I think the idea of no jail time or prison isn't really in play here. . .

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    Yeah, i figured as much, I was just being hopeful. Well i know for first time offenders its 5-20 years. I'm just not sure how superior court works and how long the sentence would be. I've heard they go for the maximum amount of time..

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    Quote Originally Posted by flowerpower57 View Post
    The code section for ga. is 16-6-4. The suspect is 34 and the victim is 14.
    Wonderful fellow! AGGRAVATED Child Molestation! (It is AGGRAVATED because she is between 13 and 16 and he is more than four years older. They take this seriously in GA apparently! I wish MY state had laws like these!)


    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.

    And, the penalty is ... "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."

    Great guy ...
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    It wasn't aggravated child molestation. The first is offense is punishable by no less than 5 nor more than 20 years.

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    According to the statute it IS aggravated child molestation under 16-6-4 ... the suspect was 34, the victim was 14, and per 16-6-4(d)(2)(A) the offense qualifies as AGGRAVATED.

    Keep in mind that the same section is used for both Aggravated and NON Aggravated molestation.

    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.
    If they are not charging him with Aggravated Molestation, then he got darn lucky and they were throwing him a bone - maybe for a plea deal.

    And with all the offenses you have outlined, he's going to be locked up a very long while if convicted.
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    What kind of effects will a plea bargain have?

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    He can be permitted to plea to a lesser offense or a stipulation/request for a specific (typically, lesser) penalty than might be applied if he is found guilty at trial.

    If you want to look up the GA codes yourself, they can be found here:

    http://www.lexis-nexis.com/hottopics/gacode/
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    Attached is the child molestation statute. The testimony of the 14 year old will sink him. If he has pictures of her online or emails back and forth it will seal his fate.

    As you can see in section (c) the age difference will make it aggravated child moletstation if there was sodomy involved. If there is that is 25-Life with life time parole. If it does not include sodomy or hurt to the child then he is subject to 5-20 years. Georgia is quite serious about child molestation.



    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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