Facing a sex crime charge in Georgia? Learn how these offenses are defined under state and federal law, possible penalties, and proven defense strategies from the experienced sex crime attorneys at Garland, Samuel & Loeb, P.C.
Understanding Sex Crimes: Legal Definitions, Types, and Penalties
Sex crimes charges are among the most serious and life-altering types of crimes prosecuted in Georgia and under federal law. A single sex crime conviction can result in years or life in prison, mandatory lifetime sex offender registration, and lasting damage to your personal and professional life. These charges often involve allegations of sexual contact, sexual conduct, or sexual activity that may or may not be consensual.
Our award-winning criminal defense attorneys at Garland, Samuel & Loeb, P.C., bring more than 75 years of courtroom experience to defending those facing serious sexual offense charges. Whether state or federal crimes, our criminal defense attorneys are known for fearless advocacy, innovative defense strategies, and a track record of success. Whether you need immediate legal protection, are being investigated, or seeking expungement of a past criminal history, we can help.
What Are the Types of Sex Crimes in Georgia?
Georgia law classifies numerous acts as sex crimes, from misdemeanors to felonies punishable by life imprisonment. Below are some of the most commonly prosecuted:
Touching Offenses
- Sexual Assault – O.C.G.A. § 16-6-5.1
- Occurs when a person in a position of authority (e.g., teacher, officer, therapist) engages in sexual contact with someone under their care or supervision. Consent is not a defense.
- Sexual Battery – O.C.G.A. § 16-6-22.1
- Involves intentional, non-consensual touching of another’s intimate parts. A second offense or involvement of a child under 16 elevates this to a felony.
- Aggravated Sexual Battery – O.C.G.A. § 16-6-22.2
- Defined as penetration with a foreign object without consent. This felony carries a mandatory minimum of 25 years in prison.
- Rape – O.C.G.A. § 16-6-1
- Defined as non-consensual sexual intercourse through use of force or when the victim is unable to consent, due to incapacity or being a child under the age of 10 years old. Punishable by life in prison or a 25-year minimum.
- Sodomy & Aggravated Sodomy – O.C.G.A. § 16-6-2
- Sodomy involves oral or anal sexual acts.
- Aggravated sodomy includes the use of force or acts involving children under 10.
- Both are felonies; aggravated sodomy can carry a life sentence.
- Statutory Rape – O.C.G.A. § 16-6-3
- In Georgia, the age of consent is 16. Sexual activity with someone under that age—even if consensual—is a crime. A conviction carries up to 20 years in jail. A “Romeo and Juliet” exception reduces penalties when the accused is 18 or younger and the alleged victim is 14–16.
- Child Molestation & Aggravated Child Molestation – O.C.G.A. § 16-6-4
- Child molestation is when someone commits an immoral, or indecent act with any child under the age of 16 years to arouse or satisfy sexual desires. A conviction carries up to 20 years in jail.
- Aggravated child molestation involves child molestation with physical injury or sodomy and carries up to a 30-year mandatory minimum sentence.
- A “Romeo and Juliet” exception reduces penalties when the accused is 18 or younger and the alleged victim is 13–16. See Regan v. State, 317 Ga. 612(2023)
- Enticing a Child for Indecent Purposes – O.C.G.A. § 16-6-5
- Soliciting, luring, or attempting to persuade a child under 16 to engage in sexual acts is a felony punishable by up to 30 years in jail.
- Sex Trafficking & Human Trafficking – 18 U.S.C. § 1591
- This federal crime, prosecuted in Federal Court, includes recruiting or transporting individuals—especially minors—for commercial sex acts. Carries 15 years to life in prison.
- Learn more on our extensive experience handling federal charges at out Federal Criminal Defense page.
- Public indecency – O.C.G.A. § 16-6-8
- This crime prohibits lewd nudity and sexual acts physical contact in public places and is punished as a misdemeanor.
Computer and Internet-Based Sex Crimes
- Child Pornography
- Federal – 18 U.S.C. § 2252. Federal law criminalizes the possession, production, or distribution of child pornography. Mandatory minimum prison sentences apply.
- Georgia – Sexual Exploitation of Children – O.C.G.A. § 16-12-100. This includes knowingly possessing or distributing any image or video depicting a minor in sexually explicit conduct. Punishment up to 20 years of jail time.
- Electronically Furnishing Obscene Material to Minors – O.C.G.A. § 16-12-100.1
- Prohibits sending obscene images or messages to minors using digital platforms, and is punished as a misdemeanor.
- Computer or Electronic Pornography and Child Exploitation Prevention Act – O.C.G.A. § 16-12-100.2
- Targets online solicitation of children under the age of 16 for sexual acts. This includes online chat, email, and apps. Carries up to 20 years in jail. A “Romeo and Juliet” exception reduces it to a misdemeanor when the alleged victim is between 14 and 15 years and the person convicted no more than three years older.
What are the restrictions on sex offenders in Georgia?
Most sex crime convictions in Georgia carry with them the terrible burden of lifetime registration as a sex offender. O.C.G.A. § 42-1-15 prohibits convicted sex offenders from living or working within 1,000 feet of certain places where children are commonly present. Violating these restrictions can lead to felony charges and additional penalties, including potential prison time.
Our attorneys guide clients through both defending against the charges and, if necessary, pursuing removal and release from the registry when legally available under O.C.G.A. § 42-1-19.
How Are Sex Crimes Prosecuted?
Allegations of sexual abuse and misconduct are aggressively prosecuted by specially trained law enforcement and district attorneys. Investigations often involve:
- Digital forensics and electronic records
- Medical examinations and DNA testing
- Interviews with alleged victims and witnesses, including Sexual Assault Nurse Examiner (SANE) and forensic interviews.
- Undercover surveillance
- Trial testimony from alleged victims and other witnesses.
- Expert testimony on child interview techniques
Prosecutions may occur under Georgia’s criminal law or under federal law in federal court, depending on the location, nature of the offense and the investigating agency. Cases proceed through arraignment, hearings, and potentially a jury trial. The involvement of a minor, use of force, or repeat offenses can elevate the charge severity and punishment for a sex crime conviction.
Visit our pages on Sex Crimes Defense and Federal Charges to explore specific FAQs and legal options.
Defense Strategies in Sex Crime Cases
At Garland, Samuel & Loeb, we build precise, aggressive defense strategies to safeguard our clients' futures. Every case is different, and we tailor our approach accordingly.
Common defense strategies include:
- Consent – Proving the act was voluntary and lawful
- Fabrication – Uncovering motives to lie or false allegations by the alleged victim
- Improper influence - Exposing improper influence, intentional or unintentional, by 3rd parties on the alleged victim’s disclosure, including questioning by loved ones and the use of improper interview techniques by law enforcement.
- Mistaken Identity – Discrediting unreliable witness identification
- Faulty Forensics – Undermining flawed DNA or expert evidence
- Unlawful Searches – Suppressing evidence improperly obtained by law enforcement
Explore more in our Criminal Defense Practice section.
What Our Clients Say
“John A. Garland may not wear a red cape, but he is definitely our hero! After eighteen months, all charges against my son were dismissed!”
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“Amanda & Kristen will deliver the only acceptable verdict – not guilty on all charges.”
— Will, former client
These words reflect our relentless commitment to protecting lives and futures.
Accused of a Sex Crime? Protect Yourself Immediately
Sex crime allegations can be devastating—and how you respond in the early stages matters. Do not talk to the police. Do not contact the alleged victim or their friends and family. Do not post about it online. Do not discuss the facts or allegations with anyone other than your lawyer.
Don’t wait, speak to a Criminal Defense lawyer in Atlanta. The sooner you contact our experienced sex crimes attorneys, the more options we have to protect your future, prevent you from having a criminal record, and avoid lifetime inclusion on the sex offender registry.
Call 404-262-2225 for a confidential, free consultation
Visit our Sex Crimes and Federal Charges pages to learn more.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal counsel, contact Garland, Samuel & Loeb, P.C.
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