Child Sexual Abuse Material Laws in Georgia
How Georgia law treats child pornography (child sexual abuse material): what is illegal, whether it is a misdemeanor or felony, and the penalties, from the state code.
Short answer: Georgia calls this sexual exploitation of children. It is a felony to use or coerce a minor into sexually explicit conduct for photos, video or a performance, for a parent to allow it, to create, distribute or sell such material, to bring it into Georgia, or to knowingly possess or… O.C.G.A. § 16-12-100(b), (f), (g)
| Child pornography (child sexual abuse material) | Georgia calls this sexual exploitation of children. It is a felony to use or coerce a minor into sexually explicit conduct for photos, video or a performance, for a parent to allow it, to create, distribute or sell such material, to bring it into Georgia, or to knowingly possess or control it. The penalty is 5 to 20 years in prison and a fine of up to $100,000 (no fine if the offender is in the child's immediate family); a repeat sexual felon faces life or a split sentence with lifetime probation. Making, possessing or sharing an image is a misdemeanor if the minor was at least 14 and agreed to it, the defendant was 18 or younger, and it was not shared to harass or for profit. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Misdemeanor: up to 12 months and $1,000; misdemeanor of a high and aggravated nature: up to 12 months and $5,000 (O.C.G.A. §§ 17-10-3, 17-10-4, from the existing state record). |
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FAQ
What are the child pornography laws in Georgia?
Georgia calls this sexual exploitation of children. It is a felony to use or coerce a minor into sexually explicit conduct for photos, video or a performance, for a parent to allow it, to create, distribute or sell such material, to bring it into Georgia, or to knowingly possess or control it. The penalty is 5 to 20 years in prison and a fine of up to $100,000 (no fine if the offender is in the child's immediate family); a repeat sexual felon faces life or a split sentence with lifetime probation. Making, possessing or sharing an image is a misdemeanor if the minor was at least 14 and agreed to it, the defendant was 18 or younger, and it was not shared to harass or for profit.
Can I get a court-appointed lawyer for child pornography (child sexual abuse material) in Georgia?
Georgia's rule on court-appointed lawyers: Applicants must complete and sign an application and verification and are interviewed at the detention center or the public defender's office. Income standards under O.C.G.A. § 17-12-2, as stated by the public defender office: for misdemeanors, probation violations and county or municipal offenses, a person who 'earns less than 100 percent of the federal poverty guidelines'; for juveniles, those 'whose parents earn less than 125 percent of the federal poverty guidelines'; for felonies, 'less than 150 percent of the federal poverty guidelines' — each with an exception for people with other resources that could reasonably pay for a lawyer, and no one with income above 150 percent of the federal poverty level is considered indigent. Application fee: Georgia law requires every person who applies for public defense services 'to pay the Public Defender Office a single fee of $50'; 'The court shall waive this fee if it finds that you are unable to pay the fee or that hardship will result if the fee is charged.' Attorney fees for court-appointed representation may also be imposed by the court at sentencing. O.C.G.A. §§ 15-21A-6(b), 17-12-2 (as quoted by the Chatham County Public Defender Office, Eastern Judicial Circuit)
How much does a lawyer for child pornography (child sexual abuse material) cost in Georgia?
Lawyers set their own fees, and Georgia has rules on how they may charge. See hiring a criminal defense lawyer in Georgia for fee rules, how to check a lawyer's license and free help.
Can a conviction for child pornography (child sexual abuse material) be removed from my record in Georgia?
Each state sets its own rules for sealing or expunging records. See Georgia expungement and record sealing rules.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.