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  1. #1
    Join Date
    Feb 2010
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    2

    Question Charged With Sexual Explotation of a Child

    My question involves criminal law for the state of: GA

    I'm inquiring for some concerned parents of a man who has plead guilty to Sexual Exploitation of Children in Georgia four years ago. It is my understanding that there is no Statue of Limitations due to his being already charged. Is there a limitation on the amount of time when he has to be sentenced?

    Thanks for your time.

    We are all in agreement that this is a heinous crime. I do not need feedback to further convince me.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Charged With Sexual Explotation of a Child

    It depends upon the subsection violated. If he has a prior criminal record there may be a "habitual offender" law that increases the penalty.
    Quote Quoting OCGA § 16-12-100. Sexual exploitation of children; reporting violation; forfeiture; penalties
    (a) As used in this Code section, the term:
    (1) "Minor" means any person under the age of 18 years.

    (2) "Performance" means any play, dance, or exhibit to be shown to or viewed by an audience.

    (3) "Producing" means producing, directing, manufacturing, issuing, or publishing.

    (4) "Sexually explicit conduct" means actual or simulated:
    (A) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;

    (B) Bestiality;

    (C) Masturbation;

    (D) Lewd exhibition of the genitals or pubic area of any person;

    (E) Flagellation or torture by or upon a person who is nude;

    (F) Condition of being fettered, bound, or otherwise physically restrained on the part of a person who is nude;

    (G) Physical contact in an act of apparent sexual stimulation or gratification with any person's unclothed genitals, pubic area, or buttocks or with a female's nude breasts;

    (H) Defecation or urination for the purpose of sexual stimulation of the viewer; or

    (I) Penetration of the vagina or rectum by any object except when done as part of a recognized medical procedure.
    (5) "Visual medium" means any film, photograph, negative, slide, magazine, or other visual medium.
    (b)
    (1) It is unlawful for any person knowingly to employ, use, persuade, induce, entice, or coerce any minor to engage in or assist any other person to engage in any sexually explicit conduct for the purpose of producing any visual medium depicting such conduct.

    (2) It is unlawful for any parent, legal guardian, or person having custody or control of a minor knowingly to permit the minor to engage in or to assist any other person to engage in sexually explicit conduct for the purpose of producing any visual medium depicting such conduct.

    (3) It is unlawful for any person knowingly to employ, use, persuade, induce, entice, or coerce any minor to engage in or assist any other person to engage in any sexually explicit conduct for the purpose of any performance.

    (4) It is unlawful for any parent, legal guardian, or person having custody or control of a minor knowingly to permit the minor to engage in or to assist any other person to engage in sexually explicit conduct for the purpose of any performance.

    (5) It is unlawful for any person knowingly to create, reproduce, publish, promote, sell, distribute, give, exhibit, or possess with intent to sell or distribute any visual medium which depicts a minor or a portion of a minor's body engaged in any sexually explicit conduct.

    (6) It is unlawful for any person knowingly to advertise, sell, purchase, barter, or exchange any medium which provides information as to where any visual medium which depicts a minor or a portion of a minor's body engaged in any sexually explicit conduct can be found or purchased.

    (7) It is unlawful for any person knowingly to bring or cause to be brought into this state any material which depicts a minor or a portion of a minor's body engaged in any sexually explicit conduct.

    (8) It is unlawful for any person knowingly to possess or control any material which depicts a minor or a portion of a minor's body engaged in any sexually explicit conduct.
    (c) A person who, in the course of processing or producing visual or printed matter either privately or commercially, has reasonable cause to believe that the visual or printed matter submitted for processing or producing depicts a minor engaged in sexually explicit conduct shall immediately report such incident, or cause a report to be made, to the Georgia Bureau of Investigation or the law enforcement agency for the county in which such matter is submitted. Any person participating in the making of a report or causing a report to be made pursuant to this subsection or participating in any judicial proceeding or any other proceeding resulting therefrom shall in so doing be immune from any civil or criminal liability that might otherwise be incurred or imposed, providing such participation pursuant to this subsection is made in good faith.

    (d) The provisions of subsection (b) of this Code section shall not apply to the activities of law enforcement and prosecution agencies in the investigation and prosecution of criminal offenses or to legitimate medical, scientific, or educational activities.

    (e)
    (1) A person who is convicted of an offense under this Code section shall forfeit to the State of Georgia such interest as the person may have in:
    (A) Any property constituting or directly derived from gross profits or other proceeds obtained from such offense; and

    (B) Any property used, or intended to be used, to commit such offense.
    (2) In any action under this Code section, the court may enter such restraining orders or take other appropriate action, including acceptance of performance bonds, in connection with any interest that is subject to forfeiture.

    (3) The court shall order forfeiture of property referred to in paragraph (1) of this subsection if the trier of fact determines, beyond a reasonable doubt, that such property is subject to forfeiture.

    (4) The provisions of subsection (u) of Code Section 16-13-49 shall apply for the disposition of any property forfeited under this subsection. In any disposition of property under this subsection, a convicted person shall not be permitted to acquire property forfeited by such person.
    (f)
    (1) The following property shall be subject to forfeiture to the State of Georgia:
    (A) Any material or equipment used, or intended for use, in producing, reproducing, transporting, shipping, or receiving any visual medium in violation of this Code section;

    (B) Any visual medium produced, transported, shipped, or received in violation of this Code section, or any material containing such depiction; provided, however, that any such property so forfeited shall be destroyed by the appropriate law enforcement agency after it is no longer needed in any court proceedings; or

    (C) Any property constituting or directly derived from gross profits or other proceeds obtained from a violation of this Code section; except that no property of any owner shall be forfeited under this paragraph, to the extent of the interest of such owner, by reason of an act or omission established by such owner to have been committed or omitted without knowledge or consent of such owner.
    (2) The procedure for forfeiture and disposition of forfeited property under this subsection shall be as provided for forfeitures under Code Section 16-13-49.
    (g)
    (1) Except as otherwise provided in paragraph (2) of this subsection, any person who violates a provision of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five nor more than 20 years and by a fine of not more than $100,000.00. In the event, however, that the person so convicted is a member of the immediate family of the victim, no fine shall be imposed.

    (2) Any person who violates subsection (c) of this Code section shall be guilty of a misdemeanor.

  3. #3
    Join Date
    Jul 2009
    Posts
    249

    Default Re: Charged With Sexual Explotation of a Child

    Quote Quoting Abulukas
    View Post
    My question involves criminal law for the state of: GA

    I'm inquiring for some concerned parents of a man who has plead guilty to Sexual Exploitation of Children in Georgia four years ago. It is my understanding that there is no Statue of Limitations due to his being already charged. Is there a limitation on the amount of time when he has to be sentenced?

    Thanks for your time.

    We are all in agreement that this is a heinous crime. I do not need feedback to further convince me.
    He plead guilty four years ago, and wasn't sentenced? Are you asking if, now that he's plead guilty, the state has some limitation on the amount of time in which it can sentence him?

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Charged With Sexual Explotation of a Child

    Why hasn't he been sentenced yet?

  5. #5
    Join Date
    Mar 2009
    Location
    Oregon now, but will probably end up back in Nevada someday
    Posts
    241

    Default Re: Charged With Sexual Explotation of a Child

    I believe the crime occurred 4 years ago and the plea was what just recently happened.

  6. #6
    Join Date
    Jul 2009
    Posts
    249

    Default Re: Charged With Sexual Explotation of a Child

    Quote Quoting tigerdog
    View Post
    I believe the crime occurred 4 years ago and the plea was what just recently happened.
    If I'm understanding you correctly, the young man committed the crime four years ago. At some point he was charged, and he recently plead guilty. You want to know if the state is bound by some time limit from the time he was charged until now, when he's about to be sentenced.

    The relevant question would be whether he was denied a speedy trial. Here, though, even if he was denied a speedy trial, his guilty plea forfeited his claim.

  7. #7
    Join Date
    Feb 2010
    Posts
    2

    Default Re: Charged With Sexual Explotation of a Child

    Sorry for the confusion. He was charged 4 years ago, to which he plead guilty. He was not sentenced though. He was also charged, from the same incident, by a different county in Georgia and he is serving his 5 year probation. He has had no priors for anything else, unless you consider the same charge for the same crime by a different county as a prior.

    I do appreciate all of your input. The parents are having such a difficulty with this. They don't want to call the Lawyer, as they feel the lawyer will do anything to incur additional fees for them to pay. They were hoping that by waiting 4 years for a sentence that he might somehow qualify to forgo the sentencing by this other county for the same crime.

    He had skipped the entire trial portion by pleading guilty when he was apprehended four years ago. A judge then sentenced him in one county, but the other county has yet to charge him.

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