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Child Pornography

Child Pornography Offenses

What are Child Pornography Offenses?

In Georgia, child pornography is defined as any visual depiction of sexually explicit conduct involving a minor (a person under the age of 18). This includes photographs, videos, and other types of images or media that depict sexual activity involving a minor. It is a crime in Georgia to produce, distribute, possess, or access child pornography.

Child pornography is a particularly heinous crime because it often involves the exploitation and abuse of children. It is also illegal to possess or distribute child pornography with the intent to sell, distribute, or exhibit the material.

O.C.G.A. 16-12-100.2 (2010) - Child Pornography

Georgia Code O.C.G.A. 16-12-100.2 (2010) specifically addresses computer or electronic pornography and child exploitation prevention. The following is the actual law 16-12-100.2 as it is written.

  • (a) This Code section shall be known and may be cited as the "Computer or Electronic Pornography and Child Exploitation Prevention Act of 2007."
  • (b) As used in this Code section, the term:
  • (1) "Child" means any person under the age of 16 years.
  • (2) "Electronic device" means any device used for the purpose of communicating with a child for sexual purposes or any device used to visually depict a child engaged in sexually explicit conduct, store any image or audio of a child engaged in sexually explicit conduct, or transmit any audio or visual image of a child for sexual purposes. Such term may include, but shall not be limited to, a computer, cellular phone, thumb drive, video game system, or any other electronic device that can be used in furtherance of exploiting a child for sexual purposes;
  • (3) "Identifiable child" means a person:
  • (A) Who was a child at the time the visual depiction was created, adapted, or modified or whose image as a child was used in creating, adapting, or modifying the visual depiction; and
  • (B) Who is recognizable as an actual person by the person's face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature or by electronic or scientific means as may be available.
  • The term shall not be construed to require proof of the actual identity of the child.
  • (4) "Sadomasochistic abuse" has the same meaning as provided in Code Section 16-12-100.1.
  • (5) "Sexual conduct" has the same meaning as provided in Code Section 16-12-100.1.
  • (6) "Sexual excitement" has the same meaning as provided in Code Section 16-12-100.1.
  • (7) "Sexually explicit nudity" has the same meaning as provided in Code Section 16-12-102.
  • (8) "Visual depiction" means any image and includes undeveloped film and video tape and data stored on computer disk or by electronic means which is capable of conversion into a visual image or which has been created, adapted, or modified to show an identifiable child engaged in sexually explicit conduct.
  • (c) (1) A person commits the offense of computer or electronic pornography if such person intentionally or willfully:
  • (A) Compiles, enters into, or transmits by computer or other electronic device;
  • (B) Makes, prints, publishes, or reproduces by other computer or other electronic device;
  • (C) Causes or allows to be entered into or transmitted by computer or other electronic device; or
  • (D) Buys, sells, receives, exchanges, or disseminates any notice, statement, or advertisement, or any child's name, telephone number, place of residence, physical characteristics, or other descriptive or identifying information for the purpose of offering or soliciting sexual conduct of or with an identifiable child or the visual depiction of such conduct.
  • (2) Any person convicted of violating paragraph (1) of this subsection shall be punished by a fine of not more than $10,000.00 and by imprisonment for not less than one nor more than 20 years.
  • (d) (1) It shall be unlawful for any person intentionally or willfully to utilize a computer on-line service or Internet service, including but not limited to a local bulletin board service, Internet chat room, e-mail, on-line 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.
  • (2) 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.
  • (e) (1) A person commits the offense of obscene Internet contact with a child if he or she has contact with someone he or she knows to be a child or with someone he or she believes to be a child via a computer on-line service or Internet service, including but not limited to a local bulletin board service, Internet chat room, e-mail, or on-line messaging service, and the contact involves any matter containing explicit verbal descriptions or narrative accounts of sexually explicit nudity, sexual conduct, sexual excitement, or sadomasochistic abuse that is intended to arouse or satisfy the sexual desire of either the child or the person, provided that no conviction shall be had for a violation of this subsection on the unsupported testimony of a child.
  • (2) 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 ten years or by a fine of not more than $10,000.00; 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.
  • (f) (1) It shall be unlawful for any owner or operator of a computer on-line service, Internet service, local bulletin board service, or other electronic device that is in the business of providing a service that may be used to sexually exploit a child to intentionally or willfully to permit a subscriber to utilize the service to commit a violation of this Code section, knowing that such person intended to utilize such service to violate this Code section. No owner or operator of a public computer on-line service, Internet service, local bulletin board service, or other electronic device that is in the business of providing a service that may be used to sexually exploit a child shall be held liable on account of any action taken in good faith in providing the aforementioned services.
  • (2) Any person who violates paragraph (1) of this subsection shall be guilty of a misdemeanor of a high and aggravated nature.
  • (g) The sole fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense under this Code section shall not constitute a defense to prosecution under this Code section.
  • (h) A person is subject to prosecution in this state pursuant to Code Section 17-2-1, relating to jurisdiction over crimes and persons charged with commission of crimes generally, for any conduct made unlawful by 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 this Code section which involves a child who resides in this state or another person believed by such person to be a child residing in this state; or
  • (2) Within this state if, by such conduct, the person commits a violation of this Code section which involves a child who resides within or outside this state or another person believed by such person to be a child residing within or outside this state.
  • (i) Any violation of this Code section shall constitute a separate offense.

If you are being investigated for, or facing child pornography charges in Georgia we recommend calling our law office as soon as possible. We understand the urgency of the matterand your need to hire a criminal defense lawyer. To get control of your situation CALL 404-351-3000 for a CONFIDENTIAL APPOINTMENT with a defense attorney in Cobb County GA.

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Child Molestation - Douglas County Superior Court

A Sears employee claimed she observed a grandfather molest his foster grandson. The DAs office was relentless in their pursuit of him. During Mr. Zimmerman's cross-examination of the lead detective, the jury started laughing at the detective's answers and the judge ordered Mr. Zimmerman to only ask a few more questions because the detective was being beaten up so badly.
Not Guilty on all counts of child molestation including a directed verdict of May 2019.

Peeping Tom

Client charged in Cobb County with five felony counts of Peeping Tom. Our office conducted an intense investigation including canvassing an apartment complex to speak with any potential witnesses. We were successful in negotiating a reduction to two counts of misdemeanor disorderly conduct.
–State v. Undisclosed

Rape

Client charged with Rape in Cobb County. Our office conducted a major investigation including interviewing the alleged victim several times. We discovered a problem with the Spanish-to-English translation of our Client’s confession. On the morning of trial, the prosecution dismissed the rape charges resulting in our client’s release from jail.
–State v. G.O.

Child Molestation

Client charged with eight counts of Child Molestation in Fulton County Superior Court. Our office intervened early and conducted an extensive investigation. The District Attorney’s Office agreed and our client pleaded guilty to one count of misdemeanor Disorderly Conduct with all other charges being dismissed.
–State v. A.W.

Child Pornography - Federal Charges

Our client was charged with having thousands of images of child pornography on his computer after the FBI raided his home. He confessed to the crimes. We challenged the United States of America's case by litigating novel legal issues. The result was a greatly reduced sentence - 46 months as opposed to 108 months called for by federal sentencing guidelines