The Crime of Child Molestation in Georgia
StatuteDoes 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. O.C.G.A. 16-6-4(a).
CaselawSee "Aggravated Child Molestation" for meaning of "immoral or indecent acts." Intent to arouse inferred from victim's testimony alone, Northern v. State, 285 Ga. App. 303 (2007); or defendant's conduct, Haynes v. State, 281 Ga. App. 81 (2006). Inherent in the statute is a presence requirement that defendant and victim be together when crime committed. Vines v. State, 269 Ga. 438 (1998).If State intends to seek life, then shall give written notice prior to trial. O.C.G.A. 16-6-4(b)(1).
Not Elements of the CrimeThe following are not elements: (1) skin-to-skin contact, Lopez v. State, 291 Ga. App. 210 (2008); (2) corroboration, Smith v. State, 291 Ga. App. 389 (2008); (3) knowledge of victim's age, Haywood v. State, 283 Ga. App. 568 (2007); (4) consent, Slack v. State, 265 Ga. App. 306 (2004); (5) penetration, Raymond v. State, 232 Ga. App. 228 (1998); (6) proof of actual arousal, Cline v. State, 224 Ga. App. 235 (1997).
PenaltyMandatory 5Y up to 20Y and at least 1Y probation. O.C.G.A. 16-6-4(b)(1).
2nd or subsequent, then life imprisonment or mandatory 10Y up to 30Y and at least 1Y probation. Id.
If victim at least 14 but less than 16 years of age and the person convicted is 18 years of age or younger and is no more than 4 years older, then Misdemeanor. Id. at (b)(2).