Have You Been Charged with Electronic Pornography and Child Exploitation?
Georgia lawmakers passed the Computer or Electronic Pornography and Child Exploitation Act in an attempt to protect children from Internet predators. It prohibits an array of behaviors, including possession of child pornography and soliciting children online for sexual purposes. It is certainly true that this law has taken child molesters off the streets and prevented more children from being abused. It is also true that innocent people have been prosecuted, due to either negligence or misunderstanding. Since these types of case often hinge on electronic evidence, it is important to have an attorney who understands both the law and the technology involved.
Kimberly Berry specializes in defending those wrongly accused of sex offenses. The Berry Law Group possesses the expertise and resources to assess cases involving child pornography and exploitation. If the evidence shows that you were falsely charged with this crime, Kimberly will do everything in her power to ensure you receive justice. A conviction for computer or electronic pornography and child exploitation carries harsh penalties, including registration as a sex offender. Take the first steps to protect your freedom and reputation and contact the Berry Law Group for a consultation.
What is Computer or Electronic Pornography and Child Exploitation?
The Computer or Electronic Pornography and Child Exploitation Act of 2007 (O.C.G.A. 16-12-100.2) lays out a series of criminal behaviors involving children and the Internet and/or electronic devices. (Under this statute, a “child” refers to a person under the age of 16 years.) These illegal acts include making, transmitting, or reproducing child pornography; receiving or exchanging details about a child for the purpose of sexual exploitation; engaging in obscene contact with a minor; and providing an electronic service that is used sexually exploits minors.
The term “electronic device” is defined as “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 audio of a child engaged in sexually explicit conduct, or transmit any audio or visual image of a child for sexual purposes.” This includes “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.”
Child Pornography
One of the more common sex crimes committed in Georgia is possession of child pornography. Law enforcement agencies aggressively go after those who manufacture, sell and consume this type of pornography. According to Georgia law, it is a crime to produce, transmit, or compile child pornography on an electronic device. It is also illegal to share information about a child for the purpose of sexual exploitation. The law states that the offense of computer or electronic pornography is committed when a person “intentionally or willfully:
Compiles, enters into, or transmits by computer or other electronic device;
Makes, prints, publishes, or reproduces by other computer or other electronic device;
Causes or allows to be entered into or transmitted by computer or other electronic device; or
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.”
*The term “visual depiction” is defined as “any image and includes undeveloped film and video tape and data stored on computer disk 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.”
*The term “identifiable child” is defined as a person who: 1) 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 2) 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. Proof of the actual identity of the child is not required.
Soliciting A Child On the Internet
The statute also prohibits using the Internet to solicit a child to engage in an illegal sexual offense. It states that it is illegal “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 . . . relating to the offense of sodomy or aggravated sodomy . . . child molestation or aggravated child molestation . . . enticing a child for indecent purposes or . . . public indecency or to engage in any conduct that by its nature is an unlawful sexual offense against a child.”
Obscene Internet Contact With A Child
With the rise of Internet dating and pornography, it is becoming more common to engage in sexually explicit chats online, often involving the exchange of photos and videos. However, it is a crime to engage in this type of behavior with a child. Georgia law states that the crime of obscene Internet contact with a child has occurred if a person “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.”
“Sexual conduct” is defined as “human masturbation, sexual intercourse, or any touching of the genitals, pubic area, or buttocks of the human make or female or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation of gratification.”
“Sexual excitement” is defined as “the condition of the human male or female genitals or the breasts of the female when in a state of sexual stimulation.”
“Sexually explicit nudity” is defined as “a state of undress so as to expose the human male or female genitals, pubic area, or buttocks with less than a full opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered or uncovered male genitals in a discernibly turgid state.”
“Sadomasochistic abuse” is defined as “flagellation or torture by or upon a person who is nude or clad in undergarments or in revealing or bizarre costume or the condition of being fettered, bound, or otherwise physically restrained on the part of one so clothed.”
Providing An Electronic Service Used To Sexually Exploit Children
The state of Georgia may also hold electronic service and Internet providers responsible if they allow their services to be used to sexually exploit children. The statute states, “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 [child pornography and sexual exploitation laws], knowing that such person intended to utilize such service to violate this [laws]. No owner or operator of a public computer on-line service, Internet service, local bulletin board service, or any 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.”
Punishments for Computer or Electronic Pornography and Child Exploitation
Crimes related to child sexual exploitation and pornography often come with heavy penalties. While the exact punishment depends on many factors (whether this is a first offense, the age of the victim, etc.), the law mandates certain sentencing ranges.
A conviction for computer or electronic pornography involving a child carries a sentence of one to twenty years in prison and a fine of up to $10,000.
This crime of soliciting a child on the Internet to commit an illegal sexual act is considered a felony and carries a sentence of one to twenty years in prison and a fine of up to $25,000. However, if the victim was 14 or 15 years old at the time of the offense and the defendant was no more than three years older than the victim, the crime is considered a misdemeanor of a high and aggravated nature.
A conviction for obscene Internet contact with a child is considered a felony and carries a sentence of one to ten years in prison and a fine of up to $10,000. Once again, if the victim was 14 or 15 years old and the defendant was no more than three years older than the victim, the crime will be considered a misdemeanor of a high and aggravated nature.
A conviction for providing an electronic service used to sexually exploit children is categorized as a misdemeanor of a high and aggravated nature.
In addition to prison time and monetary fines, people convicted of crimes related to child pornography and sexual exploitation must also register as sex offenders. Aside from being publicly named as a child sex offender, inclusion on the registry comes with a series of strict prohibitions on where a person is allowed to work and live.
Why Do I Need a Sex Crimes Defense Lawyer?
Cases built on electronic evidence may seem strong, but they are often not as open and shut as they may first appear. If child pornography is found on someone's computer, most people would immediately believe that the person is a criminal. However, there are several ways that illegal material can be stored on someone's computer without their explicit knowledge. The most obvious scenario is that another person – perhaps a friend, family member, or roommate – used their computer. Another possibility is that a virus or a malicious hacker was the source of the material.
Other possibilities involve more technical explanations. If a person is browsing for legal pornography, they may unexpectedly come upon explicit images of children. Even if they do not download these images – and quickly navigate away – the pictures may be saved on their computer as “cache files.” Having those files on their computer could lead to a charge for possession of child pornography. Furthermore, consumers of pornography frequently use file-sharing websites. They may download a large number of files they believe to be legal, adult pornography. If a file containing child pornography is contained within the batch of downloads, this could lead to trouble. Even if they immediately delete the file, a record of it may remain on their computer.
Kimberly is an aggressive Atlanta attorney with experience in these types of matters. Having defended many innocent clients, she understands that an accusation does not equal guilt. She will listen to your side of the story with an open mind and work to achieve the best outcome for your particular situation. It is critical that you have an advocate in your corner to protect your rights and guide you through the legal process. Contact the Berry Law Group and get one of Georgia's leading sex crimes attorneys working on your behalf.