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Elmer Confronts Child Pornography Charges

Posted by Elmer H.. Young | Jun 07, 2019 | 0 Comments

             Wow, now this crime, or better stated, these crimes of possession of, or distribution of Child Pornography are really complicated as you will see when or if you actually read the statutes. Because of it behaviors involved in commission of these crime involves mind-modeling and manipulation of children the statutes mix science with mythical social mores and as such  has had unique, poorly-understood and socially abhorrent reactions in western civilizations. Psychological studies, natural curiosity and The legal systems of states and nations have clashed over the causes and cures and legislatures have responded with  politically popular and equally popular  penal consequences. A charge of this nature can not only ruin a reputation but carry severe penalties. This crime is much different than other sex crimes in that it seldom begins with an outcry or accusation of a victim. It usually comes by accidental, incidental or state-induced discovery on the internet. The accused hasn't sexually assaulted any particular person.

 The theory behind this law is that merely possessing of (infer an observation) an image of a child in the nude if it can in anyway be construed as having a sexual connotation, is a contribution to a world-wide industry of sexual abuse and exploitation of children. No proof of the contribution is required. It is presumed to have been made each and every time it is viewed. Disgusting imagery to consider for sure. It is one of the few crimes where entrapment is not only authorized, but encouraged by law.

 Georgia Code § 16-12-100. Sexual exploitation of children; reporting violation; civil forfeiture; penalties

 (a) As used in this Code section, the term:

(1) "Minor" means any person under the age of 18 years.

(2) "Performance" means any play, dance, or exhibit to be shown to or viewed by an

audience.

(3) "Producing" means producing, directing, manufacturing, issuing, or publishing.

(4) "Sexually explicit conduct" means actual or simulated:

(A)Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal,

whether between persons of the same or opposite sex;

(B) Bestiality;

(C) Masturbation;

(D)Lewd exhibition of the genitals or pubic area of any person;

(E) Flagellation or torture by or upon a person who is nude;

(F) Condition of being fettered, bound, or otherwise physically restrained on the part of a

person who is nude;

(G)Physical contact in an act of apparent sexual stimulation or gratification with any

person's unclothed genitals, pubic area, or buttocks or with a female's nude breasts;

(H)Defecation or urination for the purpose of sexual stimulation of the viewer; or

(I) Penetration of the vagina or rectum by any object except when done as part of a

recognized medical procedure.

(5) "Visual medium" means any film, photograph, negative, slide, magazine, or other visual

medium.

(b)

(1) It is unlawful for any person knowingly to employ, use, persuade, induce, entice, or

coerce any minor to engage in or assist any other person to engage in any sexually

explicit conduct for the purpose of producing any visual medium depicting such conduct.

(2) It is unlawful for any parent, legal guardian, or person having custody or control of a

minor knowingly to permit the minor to engage in or to assist any other person to engage

in sexually explicit conduct for the purpose of producing any visual medium depicting

such conduct.

(3) It is unlawful for any person knowingly to employ, use, persuade, induce, entice, or

coerce any minor to engage in or assist any other person to engage in any sexually

explicit conduct for the purpose of any performance.

(4) It is unlawful for any parent, legal guardian, or person having custody or control of a

minor knowingly to permit the minor to engage in or to assist any other person to engage

in sexually explicit conduct for the purpose of any performance.

(5) It is unlawful for any person knowingly to create, reproduce, publish, promote, sell,

distribute, give, exhibit, or possess with intent to sell or distribute any visual medium

which depicts a minor or a portion of a minor's body engaged in any sexually explicit

conduct.

(6) It is unlawful for any person knowingly to advertise, sell, purchase, barter, or exchange

any medium which provides information as to where any visual medium which depicts a

minor or a portion of a minor's body engaged in any sexually explicit conduct can be

found or purchased.

(7) It is unlawful for any person knowingly to bring or cause to be brought into this state any

material which depicts a minor or a portion of a minor's body engaged in any sexually

explicit conduct.

(8) It is unlawful for any person knowingly to possess or control any material which depicts

a minor or a portion of a minor's body engaged in any sexually explicit conduct.

(c) A person who, in the course of processing or producing visual or printed matter either

privately or commercially, has reasonable cause to believe that the visual or printed matter

submitted for processing or producing depicts a minor engaged in sexually explicit conduct

shall immediately report such incident, or cause a report to be made, to the Georgia Bureau

of Investigation or the law enforcement agency for the county in which such matter is

submitted. Any person participating in the making of a report or causing a report to be made

pursuant to this subsection or participating in any judicial proceeding or any other proceeding

resulting therefrom shall in so doing be immune from any civil or criminal liability that

might otherwise be incurred or imposed, providing such participation pursuant to this

subsection is made in good faith.

(d) The provisions of subsection (b) of this Code section shall not apply to:

(1) The activities of law enforcement and prosecution agencies in the investigation and

prosecution of criminal offenses;

(2) Legitimate medical, scientific, or educational activities; or

(3) Any person who creates or possesses a visual medium depicting only himself or herself

engaged in sexually explicit conduct.

(e)

(1) As used in this subsection, the terms "proceeds" and "property" shall have the same

meaning as set forth in Code Section 9-16-2.

(2) Any property which is, directly or indirectly, used or intended to be used in any manner

to facilitate a violation of this Code section and any proceeds are declared to be

contraband and no person shall have a property right in them.

(3) Any property subject to forfeiture pursuant to paragraph (2) of this subsection shall be

forfeited in accordance with the procedures set forth in Chapter 16 of Title 9.

(f)

(1) Except as otherwise provided in paragraphs (2) and (3) of this subsection, any person

who violates a provision of this Code section shall be guilty of a felony and, upon

conviction thereof, shall be punished by imprisonment for not less than five nor more

than 20 years and by a fine of not more than $100,000.00; provided, however, that if the

person so convicted is a member of the immediate family of the victim, no fine shall be

imposed.

(2) Any person who violates subsection (c) of this Code section shall be guilty of a

misdemeanor.

(3) Any person who violates paragraph (1), (5), (7), or (8) of subsection (b) of this Code

section shall be guilty of a misdemeanor if:

(A)The minor depicted was at least 14 years of age at the time the visual medium was

created;

(B) The visual medium was created with the permission of the minor depicted; and

(C) The defendant was 18 years of age or younger at the time of the offense and:

i.

The defendant's violation of such paragraphs did not involve the distribution

of such visual medium to another person; or

  1. In the court's discretion, and when the prosecuting attorney and the defendant

have agreed, if the defendant's violation of such paragraphs involved the

distribution of such visual medium to another person but such distribution was

not for the purpose of:

I.

Harassing, intimidating, or embarrassing the minor depicted; or

  1. For any commercial purpose.

Georgia Code § 16-12-100.1. - Electronically furnishing obscene material to minors

(a) As used in this Code section, the term:

(1) "Bulletin board system" means a computer data and file service that is accessed

wirelessly or by physical connection to store and transmit information.

(2) "CD-ROM" means a compact disc with read only memory which has the capacity to

store audio, video, and written materials and is used by computers to reveal the

above-said material.

(3) "Electronically furnishes" means:

(A)To make available by electronic storage device, including floppy disks and other

magnetic storage devices, or by CD-ROM; or

(B) To make available by allowing access to information stored in a computer,

including making material available by operating a computer bulletin board

system.

(4) "Harmful to minors" means that quality of description or representation, in whatever

form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when

it:

(A)Taken as a whole, predominantly appeals to the prurient, shameful, or morbid

interest of minors;

(B) Is patently offensive to prevailing standards in the adult community as a whole

with respect to what is suitable material for minors; and

(C) Is, when taken as a whole, lacking in serious literary, artistic, political, or

scientific value for minors.

(5) "Minor" means an unmarried person younger than 18 years of age.

(6) "Sadomasochistic abuse" means 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.

(7) "Sexual conduct" means human masturbation, sexual intercourse, or any touching of

the genitals, pubic areas, or buttocks of the human male 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 or gratification.

(8) "Sexual excitement" means the condition of human male or female genitals or the

breasts of the female when in a state of sexual stimulation.

(b) A person commits the crime of electronically furnishing obscene materials to minors if:

(1) 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:

(A)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

(B) Any written or aural matter that contains material of the nature described in

subparagraph (A) of this paragraph or contains explicit verbal descriptions or

narrative accounts of sexual conduct, sexual excitement, or sadomasochistic

abuse;

(2) The offensive portions of the material electronically furnished to the minor are not

merely an incidental part of an otherwise nonoffending whole;

(3) The material furnished to the minor, taken as a whole, lacks serious literary, artistic,

political, or scientific value; and

(4) The material furnished to the minor, taken as a whole, is harmful to minors in that it

appeals to and incites prurient interest.

(c) Except as provided in subsection (d) of this Code section, any person who violates this

Code section shall be guilty of a misdemeanor of a high and aggravated nature.

(d) Any person who violates this Code section shall be guilty of a misdemeanor if:

(1) At the time of the offense, the minor receiving the obscene materials was at least 14

years of age;

(2) The receipt of the materials was with the permission of the minor; and

(3) The defendant was 18 years of age or younger        

Georgia Code Section 16-12-100.2. Computer or electronic pornography and child exploitation prevention

  1. (a)  This Code section shall be known and may be cited as the "Computer or Electronic Pornography and Child Exploitation Prevention Act of 2007."
  2. (b)  As used in this Code section, the term:
    1. (1)  "Child" means any person under the age of 16 years.
    2. (2)  "Electronic device" means 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 image or audio of a child engaged in sexually explicit conduct, or transmit any audio or visual image of a child for sexual purposes. Such term may include, but shall not be limited to, 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;
  1. (3)  "Identifiable child" means a person:
    1. (A)  Who 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. (B)  Who 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.

The term shall not be construed to require proof of the actual identity of the child.

  1. (4)  "Sadomasochistic abuse" has the same meaning as provided in Code Section 16-12- 100.1.
  2. (5)  "Sexual conduct" has the same meaning as provided in Code Section 16-12-100.1.
  3. (6)  "Sexual excitement" has the same meaning as provided in Code Section 16-12-100.1.
  4. (7)  "Sexually explicit nudity" has the same meaning as provided in Code Section 16-12-102.
  5. (8)  "Visual depiction" means any image and includes undeveloped film and video tape and data stored on computer disk or 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.

(c)(1) A person commits the offense of computer or electronic pornography if such person intentionally or willfully:

  1. (A)  Compiles, enters into, or transmits by computer or other electronic device;
  2. (B)  Makes, prints, publishes, or reproduces by other computer or other electronic device;
  3. (C)  Causes or allows to be entered into or transmitted by computer or other electronic device; or
  4. (D)  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.
  1.  (2)  Except as provided in paragraphs (3) and (4) of this subsection, any person convicted of violating paragraph (1) of this subsection shall be punished by a fine of not more than $10,000.00 and by imprisonment for not less than one nor more than 20 years.
  2. (3)  Any person who violates paragraph (1) of this subsection shall be guilty of a misdemeanor if:
    1. (A)  At the time of the offense, any identifiable child visually depicted was at least 14 years of age when the visual depiction was created;
    2. (B)  The visual depiction was created with the permission of such child;
    3. (C)  The defendant possessed the visual depiction with the permission of such child; and
    4. (D)  The defendant was 18 years of age or younger at the time of the offense and:
      (i) The defendant did not distribute the visual depiction to another person; or
      (ii) In the court's discretion, and when the prosecuting attorney and the defendant have agreed, if the defendant's violation involved the distribution of such visual depiction to another person but such distribution was not for the purpose of:

(I) Harassing, intimidating, or embarrassing the minor depicted; or (II) For any commercial purpose.

  1. (4)  The prohibition contained in paragraph (1) of this subsection shall not apply to any person who creates or possesses a visual depiction of only himself or herself.

(d)(1)  It shall be unlawful for any person intentionally or willfully to utilize a computer wireless service or Internet service, including, but not limited to, a local bulletin board service, Internet chat room, e-mail, instant messaging service, or other electronic device, to seduce, solicit, lure, or entice, or attempt to seduce, solicit, lure, or entice a child, another person believed by such person to be a child, any person having custody or control of a child, or another person believed by such person to have custody or control of a child to commit any illegal act by, with, or against a child as described in Code Section 16-6-2, relating to the offense of sodomy or aggravated sodomy; Code Section 16-6-4, relating to the offense of child molestation or aggravated child molestation; Code Section 16-6-5, relating to the offense of enticing a child for indecent purposes; or Code Section 16-6-8, relating to the offense of public indecency, or to engage in any conduct that by its nature is an unlawful sexual offense against a child.

  1. (2)  Any person who violates paragraph (1) of this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than 20 years and by a fine of not more than $25,000.00; provided, however, that if at the time of the offense the victim was at least 14 years of age and the defendant was 18 years of age or younger, then the defendant shall be guilty of a misdemeanor.
  1.  (1)  A person commits the offense of obscene Internet contact with a child if he or she 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 wireless service or Internet service, including, but not limited to, a local bulletin board service, Internet chat room, e-mail, or instant 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.
  2. (2)  Any person who violates paragraph (1) of this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than ten years or by a fine of not more than $10,000.00; provided, however, that if at the time of the offense the victim was at least 14 years of age and the defendant was 18 years of age or younger, then the defendant shall be guilty of a misdemeanor.
  1. (1)  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 this Code section, knowing that such person intended to utilize such service to violate this Code section. No owner or operator of a public 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 shall be held liable on account of any action taken in good faith in providing the aforementioned services.
  2. (2)  Any person who violates paragraph (1) of this subsection shall be guilty of a misdemeanor of a high and aggravated nature.
  1. (g)  The sole fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense under this Code section shall not constitute a defense to prosecution under this Code section.
  2. (h)  A person is subject to prosecution in this state pursuant to Code Section 17-2-1, relating to jurisdiction over crimes and persons charged with commission of crimes generally, for any conduct made unlawful by this Code section which the person engages in while:

(1) Either within or outside of this state if, by such conduct, the person commits a violation of this Code section which involves a child who resides in this state or another person believed by such person to be a child residing in this state; or

(2) Within this state if, by such conduct, the person commits a violation of this Code section which involves a child who resides within or outside this state or another person believed by such person to be a child residing within or outside this state.

(i) Any violation of this Code section shall constitute a separate offense.

Georgia Code § 16-12-103. Selling, loaning, distributing, or exhibiting; duties of video game

retailers

(a) It shall be unlawful for any person knowingly to sell or loan for monetary consideration

or otherwise furnish or disseminate to a minor:

(1) Any picture, photograph, drawing, sculpture, motion picture film, or similar visual

representation or image of a person or portion of the human body which depicts

sexually explicit nudity, sexual conduct, or sadomasochistic abuse and which is

harmful to minors; or

(2) Any book, pamphlet, magazine, printed matter however reproduced, or sound

recording which contains any matter enumerated in paragraph (1) of this subsection,

or explicit and detailed verbal descriptions or narrative accounts of sexual excitement,

sexual conduct, or sadomasochistic abuse and which, taken as a whole, is harmful to

minors.

(b)

(1) It shall be unlawful for any person knowingly to sell or furnish to a minor an

admission ticket or pass or knowingly to admit a minor to premises whereon there is

exhibited a motion picture, show, or other presentation which, in whole or in part,

depicts sexually explicit nudity, sexual conduct, or sadomasochistic abuse and which

is harmful to minors or exhibit any such motion picture at any such premises which

are not designed to prevent viewing from any public way of such motion picture by

minors not admitted to any such premises.

(2) It shall be unlawful for any person knowingly to sell or to furnish to a person under

the age of 21 an admission ticket or pass or knowingly to admit a person under the

age of 21 to premises whereon there is exhibited a show or performance which is

harmful to minors and which, in whole or in part, consists of sexually explicit nudity

on the part of one or more live performers; sexual conduct on the part of one or more

live performers; or sadomasochistic abuse on the part of one or more live performers.

(c) It shall be unlawful for any person to falsely represent his or her age to any person

mentioned in subsection (a) or subsection (b) of this Code section or to his or her agent

with the intent to unlawfully procure any material set forth in subsection (a) of this Code

section or with the intent to unlawfully procure such person's admission to any motion

picture, show, or other presentation, as set forth in subsection (b) of this Code section.

(d) It shall be unlawful for any person knowingly to make a false representation to any

person mentioned in subsection (a) or subsection (b) of this Code section or to his or her

agent that he or she is the parent or guardian of any minor or knowingly to make a false

representation with respect to the age of another person with the intent to unlawfully

procure for such other person any material set forth in subsection (a) of this Code section

or with the intent to unlawfully procure such other person's admission to any motion

picture, show, or other presentation, as set forth in subsection (b) of this Code section.

(e) It shall be unlawful for any person knowingly to exhibit, expose, or display in public at

newsstands or any other business or commercial establishment or at any other public

place frequented by minors or where minors are or may be invited as part of the general

public:

(1) Any picture, photograph, drawing, sculpture, motion picture film, or similar visual

representation or image of a person or portion of the human body which depicts

sexually explicit nudity, sexual conduct, or sadomasochistic abuse and which is

harmful to minors; or

(2) Any book, pamphlet, magazine, printed matter however reproduced, or sound

recording which contains any matter enumerated in paragraph (1) of this subsection,

or explicit and detailed verbal descriptions or narrative accounts of sexual excitement,

sexual conduct, or sadomasochistic abuse and which, taken as a whole, is harmful to

minors.

(f)

(1) As used in this subsection, the term:

(A) "Video game" means an object or device that stores recorded data or instructions,

receives data or instructions generated by a person who uses it, and, by processing

the data or instructions, creates an interactive game capable of being played,

viewed, or experienced on or through a computer, gaming system, console, or

other technology.

(B) "Video game retailer" means a person who sells or rents video games to the

public.

(2) Every video game retailer shall post a sign providing information to consumers about

any video game rating system which appears on a video game offered by such

retailer. The sign shall be posted in a conspicuous place within the portion of the

establishment dedicated to the display or advertisement of video games. Each video

game retailer shall make available to consumers, upon request, written information

explaining each such rating system.

(3) A person violating the provisions of this subsection shall be punished with a civil fine

in an amount not less than $250.00 and not more than $500.00 for each violation.

Each day in violation of this subsection shall constitute a separate offense.

This crime, possession of, or distribution of Child Pornography has unique, poorly-understood and socially abhorrent reactions in western civilizations. The legal systems of states and nations have responded with equally serious penal consequences. A charge of this nature can not only carry severe, life-altering penalties but ruin your reputation. This crime is much different than other sex crimes in that it seldom begins with an outcry or accusation. It usually comes by incidental discovery on the internet. The accused hasn't sexually assaulted any particular person.

           The theory behind this law is that merely possessing of (infer an observation) an image of a child in the nude if it can in anyway be construed as having a sexual connotation, is a contribution to a world-wide industry of sexual abuse and exploitation of children. No proof of the contribution is required. It is presumed to have been made each and every time it is viewed. Disgusting image to consider for sure. It is one of the few crimes where entrapment is not only authorized, but encouraged by law.

            Georgia Code Section 16-12-100.2. Computer or electronic pornography and child exploitation prevention

  1. (a)  This Code section shall be known and may be cited as the "Computer or Electronic Pornography and Child Exploitation Prevention Act of 2007."
  2. (b)  As used in this Code section, the term:
    1. (1)  "Child" means any person under the age of 16 years.
    2. (2)  "Electronic device" means 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 image or audio of a child engaged in sexually explicit conduct, or transmit any audio or visual image of a child for sexual purposes. Such term may include, but shall not be limited to, 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;
  1. (3)  "Identifiable child" means a person:
    1. (A)  Who 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. (B)  Who 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.

The term shall not be construed to require proof of the actual identity of the child.

  1. (4)  "Sadomasochistic abuse" has the same meaning as provided in Code Section 16-12- 100.1.
  2. (5)  "Sexual conduct" has the same meaning as provided in Code Section 16-12-100.1.
  3. (6)  "Sexual excitement" has the same meaning as provided in Code Section 16-12-100.1.
  4. (7)  "Sexually explicit nudity" has the same meaning as provided in Code Section 16-12-102.
  5. (8)  "Visual depiction" means any image and includes undeveloped film and video tape and data stored on computer disk or 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.

(c)

(1) A person commits the offense of computer or electronic pornography if such person intentionally or willfully:

  1. (A)  Compiles, enters into, or transmits by computer or other electronic device;
  2. (B)  Makes, prints, publishes, or reproduces by other computer or other electronic device;
  3. (C)  Causes or allows to be entered into or transmitted by computer or other electronic device; or
  4. (D)  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.

  1.  (2)  Except as provided in paragraphs (3) and (4) of this subsection, any person convicted of violating paragraph (1) of this subsection shall be punished by a fine of not more than $10,000.00 and by imprisonment for not less than one nor more than 20 years.
  2. (3)  Any person who violates paragraph (1) of this subsection shall be guilty of a misdemeanor if:
    1. (A)  At the time of the offense, any identifiable child visually depicted was at least 14 years of age when the visual depiction was created;
    2. (B)  The visual depiction was created with the permission of such child;
    3. (C)  The defendant possessed the visual depiction with the permission of such child; and
    4. (D)  The defendant was 18 years of age or younger at the time of the offense and:
      (i) The defendant did not distribute the visual depiction to another person; or
      (ii) In the court's discretion, and when the prosecuting attorney and the defendant have agreed, if the defendant's violation involved the distribution of such visual depiction to another person but such distribution was not for the purpose of:

(I) Harassing, intimidating, or embarrassing the minor depicted; or (II) For any commercial purpose.

  1. (4)  The prohibition contained in paragraph (1) of this subsection shall not apply to any person who creates or possesses a visual depiction of only himself or herself.

(d)

  1. (1)  It shall be unlawful for any person intentionally or willfully to utilize a computer wireless service or Internet service, including, but not limited to, a local bulletin board service, Internet chat room, e-mail, instant messaging service, or other electronic device, to seduce, solicit, lure, or entice, or attempt to seduce, solicit, lure, or entice a child, another person believed by such person to be a child, any person having custody or control of a child, or another person believed by such person to have custody or control of a child to commit any illegal act by, with, or against a child as described in Code Section 16-6-2, relating to the offense of sodomy or aggravated sodomy; Code Section 16-6-4, relating to the offense of child molestation or aggravated child molestation; Code Section 16-6-5, relating to the offense of enticing a child for indecent purposes; or Code Section 16-6-8, relating to the offense of public indecency, or to engage in any conduct that by its nature is an unlawful sexual offense against a child.
  2. (2)  Any person who violates paragraph (1) of this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than 20 years and by a fine of not more than $25,000.00; provided, however, that if at the time of the offense the victim was at least 14 years of age and the defendant was 18 years of age or younger, then the defendant shall be guilty of a misdemeanor.
  1.  (1)  A person commits the offense of obscene Internet contact with a child if he or she 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 wireless service or Internet service, including, but not limited to, a local bulletin board service, Internet chat room, e-mail, or instant 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.
  2. (2)  Any person who violates paragraph (1) of this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than ten years or by a fine of not more than $10,000.00; provided, however, that if at the time of the offense the victim was at least 14 years of age and the defendant was 18 years of age or younger, then the defendant shall be guilty of a misdemeanor.
  1. (1)  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 this Code section, knowing that such person intended to utilize such service to violate this Code section. No owner or operator of a public 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 shall be held liable on account of any action taken in good faith in providing the aforementioned services.
  2. (2)  Any person who violates paragraph (1) of this subsection shall be guilty of a misdemeanor of a high and aggravated nature.
  1. (g)  The sole fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense under this Code section shall not constitute a defense to prosecution under this Code section.
  2. (h)  A person is subject to prosecution in this state pursuant to Code Section 17-2-1, relating to jurisdiction over crimes and persons charged with commission of crimes generally, for any conduct made unlawful by this Code section which the person engages in while:

(1) Either within or outside of this state if, by such conduct, the person commits a violation of this Code section which involves a child who resides in this state or another person believed by such person to be a child residing in this state; or

(2) Within this state if, by such conduct, the person commits a violation of this Code section which involves a child who resides within or outside this state or another person believed by such person to be a child residing within or outside this state.

(i) Any violation of this Code section shall constitute a separate offense.

About the Author

Elmer H.. Young

Elmer H. Young has been practicing for more than 45 years and employs his advanced level forensic training in high-level sex crimes and capital felony cases.

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Honors & Recognition

Mr. Young's success in obtaining non-DUI dispositions in his DUI/DWI cases has earned him the respect of his peers and clients alike. He has earned a LegalMatch Five-Star rating and a coveted 10 Avvo Rating. His high ratings reflect his ability to help his clients.

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