Georgia Rape Defense Attorney - Frequently Asked Questions

Is it illegal to have sexually explicit conversations online with a minor if there is never any physical contact? What if I didn't know the person's age?

In the state of Georgia it is illegal to knowingly exchange sexually explicit material with a child. This can involve sharing nude photos, having a graphic conversation, or making plans to meet for sexual purposes.

Georgia has two main laws addressing contact between adults and minors using electronic devices in which sexually explicit materials (messages, photos, etc.) are shared.

Electronically Furnishing Obscene Material to Minors

Georgia law prohibits the offense of “electronically furnishing obscene material to minors” (16-12-100.1).  It is illegal to knowingly provide anyone under 18 years of age with obscene materials – in the form of photos, recordings or the written word – using an electronic device. This law applies to a variety of scenarios, from an adult “sexting” with a minor to a person providing pornographic materials to an underage friend.

If an adult sends sexually explicit messages or photos to a minor, it is possible that they will be charged with this crime. It depends on the specific circumstances of the case – namely, whether the person knew they were sending materials to a minor and whether the materials are considered obscene.

Georgia law states that a person is guilty of this crime when “knowing or having good reason to know the character of the material furnished, the person electronically furnishes to an individual whom the person knows or should have known is a minor” at least one of the following:

1. Any picture, photograph, drawing or similar visual representation or image of a person or portion of a human body which depicts sexually explicit nudity, sexual conduct or sadomasochistic abuse and which is harmful to minors; or
2. Any written or aural matter that contains the type of material described above or contains explicit verbal descriptions or narrative accounts of sexual conduct, sexual excitement, or sadomasochistic abuse.

The law specifies that material is “harmful to minors” when:
1. Taken as a whole, it predominantly appeals to the prurient, shameful, or morbid interest of minors;
2. Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and
3. Is, when taken as a whole, lacking in serious literary, artistic, political, or scientific value for minors.

If it is established that the material delivered electronically was obscene, it still must be proven that the accused knew “or should have known” that the recipient was a minor. Obviously, if the child communicated his or her exact age, this would be damning for the accused. In addition, there are instances in which an age can be reasonably inferred (i.e. – the child mentioned they attended the local middle school). If it can be shown that the accused did not know – and should not have been reasonably expected to know – the age of the child, he or she should not be convicted.

The crime of electronically furnishing obscene materials to minors is considered a misdemeanor of a high and aggravated nature.

Computer or Electronic Pornography and Child Exploitation Prevention

It is also a crime to knowingly converse online with a minor in an attempt to get him or her to perform sexual acts. This could involve arranging a meeting with the child for sexual purposes or persuading the child to share sexually explicit photos. (Possessing sexually explicit photos of the minor can also lead to charges for possession of child pornography.)

The Computer or Electronic Pornography and Child Exploitation Prevention statute (O.C.G.A. 16-12-100.2) prohibits the use of electronic devices to offer or solicit “sexual conduct of or with an identifiable child or the visual depiction of such conduct.” (This law defines “child” as a person under 16 years of age.) The offense is punishable by one to 20 years in prison and a fine of up to $10,000.

This law also bans the use of the Internet 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 unlawful sexual act. A person convicted of doing so will be guilty of a felony and may be punished by one to 20 years in prison and a fine of up to $25,000.

Finally, this statute states that a person is guilty of “obscene Internet contact with a child” if the individual has contact with someone he or she knows or believes to be a child using an online service (including e-mail, chat rooms, messaging services, etc.) 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.”

Obscene Internet contact with a child is a felony punishable by a prison term of one to ten years or a fine of up to $10,000

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