Have You Been Charged with Obscene Telephone Contact With a Child in Georgia?
Georgia laws heavily penalize obscenity-related crimes especially when they involve children. Under the obscenity laws, the term “child” describes a person under 14 years of age. If you or a loved one has been charged with a crime related to a child or an obscenity crime, you need the assistance of a Georgia Obscenity Attorney. Our Lawyers have over 50 years of criminal defense experience and know how to develop the best defense strategy for your case. Contact us now for a free case evaluation.
O.C.G.A. §16-12-100.3
A person 17 years of age or over commits the offense of obscene telephone contact with a child if that person has telephone contact with an individual whom that person knows or should have known is a child, and that contact involves any sexual matter containing explicit verbal descriptions or narrative accounts of sexually explicit nudity, sexual conduct, sexual excitement, or sadomasochistic abuse which is intended to arouse or satisfy the sexual desire of either the child or the person, provided that no conviction shall be had for this offense on the unsupported testimony of the victim.
As stated in the statute, it is not a defense that you did not know the person was a child. The Court looks at whether you should have known the person was a child when communicating with them.
Penalty for Obscene Telephone Contact with a Child in Georgia
For the first conviction of obscene telephone contact with a child, a person will be charged with a misdemeanor of a high and aggravated nature.
However, if the person convicted is less than 21 years old, they will be guilty of a misdemeanor. Misdemeanor punishments include a fine up to $1,000, up to one year in jail, or both.
Furthermore, for the first conviction of obscene telephone contact with a child, the judge may probate the sentence. This means that the defendant would have to undergo counseling by a licensed psychiatrist or licensed psychologist. However, if the judge finds that probation should be not be imposed, then the defendant will be sentenced to jail with counseling being provided by the place.
For a second or subsequent conviction, the accused will be guilty of a felony and punished by imprisonment between one and five years. However, the consequences of a felony conviction extend beyond prison time. It can be difficult to obtain employment, housing, or credit with a felony on your record.
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Because of the potential for severe consequences, do not take a chance by representing yourself. You need an experienced Georgia Criminal Defense Attorney to assist with your case now. Contact us today for a free case evaluation and find out why we are the top rated Criminal Defense Firm in Georgia.
