What Happens if I Am Charged with Child Molestation or Aggravated Child Molestation (§ 16-6-4) in Georgia?

One of the Most Serious Charges in Georgia Criminal Law

If you’ve been accused—or are worried you might be—of child molestation or aggravated child molestation in Georgia, you are facing one of the most serious charges in the state’s criminal code.

These accusations carry long prison sentences, mandatory minimums, lifetime registration as a sex offender, and deep, lasting harm to your future, even if you’re never convicted.

Here’s the truth: once you’ve been accused of a sex crime involving a child, the system doesn’t treat you like someone who is “innocent until proven guilty.” It treats you like someone who has something to prove.

That’s where we come in.

What is Child Molestation Under Georgia Law?

Under Georgia Code § 16-6-4(a), child molestation is defined as:

“An 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.”

This doesn’t require penetration, nudity, or even physical contact in all cases. It can include:

• Touching over or under clothing
• Exposing oneself to a child
• Asking a child to engage in inappropriate behavior
• Sending sexual content to a child under 16 via phone or internet

Even if you never laid a hand on the alleged victim, you can be charged under this statute if the accusation involves images, texts, or online interaction.

What is Aggravated Child Molestation?

Aggravated child molestation is a more serious version of the charge.

Under § 16-6-4(c), this occurs when:

• The act causes physical injury to the child, or
• The act involves sodomy

This distinction is crucial because aggravated child molestation carries a mandatory minimum of 25 years in prison—or a life sentence. You read that right: 25 years is the starting point for sentencing, with no parole.

What’s the Sentence for Child Molestation in Georgia?

Georgia law is clear—and harsh—about the punishment:

First Conviction (Felony):

• 5 to 20 years in prison
• Mandatory minimum of 5 years
• Subject to sentencing under Code Sections 17-10-6.2 and 17-10-7
• Required counseling while incarcerated
• Sex offender registration upon release

Second or Subsequent Conviction:

• 10 to 30 years or life
• Up to Life Imprisonment

Exception—Misdemeanor Clause:

If the alleged victim is at least 14 but under 16, and the defendant is 18 or younger and no more than four years older, the offense is treated as a misdemeanor and avoids the harsh sentencing structure. This is Georgia’s version of the “Romeo and Juliet” law.

What About Electronic or Online Behavior?

Georgia law also criminalizes electronic communication involving immoral or indecent acts with a child.

Sending videos, photos, or engaging in explicit messaging with a child under 16—even without meeting in person—can lead to a full felony charge of child molestation. And if the material is sexual and sent across state lines? You may be facing federal charges on top of state charges.

What Should You Do if You’re Accused of Child Molestation?

1. Do Not Talk to Police

Not even to “clear things up.” Detectives investigating sex crimes involving minors often already believe the accusation. They are trained to extract statements that make you look guilty—even if you’re not. Do not agree to an interview. Do not provide a written statement. Instead, say:

“I am invoking my right to remain silent and I want to speak with an attorney.”

Then call J. Ryan Brown Law.

2. Do Not Contact the Alleged Victim

Even if you know them. Even if they’re family. Even if you think they’ll recant. Attempting to contact the child or their family could lead to new charges—like witness intimidation or obstruction.

Let your defense lawyer handle all communication.

3. Hire a Criminal Defense Attorney Immediately

Not all lawyers are equipped to handle a child molestation case. You need someone with experience defending clients against serious sex crime charges in Georgia courts.

Is Consent a Defense?

No. Consent is not a legal defense in child molestation or aggravated child molestation cases.

Under Georgia law, children under 16 cannot legally consent to sexual acts. Even if the relationship seemed mutual, respectful, or initiated by the child, it’s not a legal defense.

What If the Accusation Is False?

False allegations of child molestation happen more often than most people think.

They can stem from:

• Child custody disputes
• Divorces and family breakdowns
• Coached or manipulated children
• Misunderstood interactions
• Revenge, spite, or mental illness

But once the allegation is made, the burden is on you and your defense team to tear apart the narrative and show the truth.

At J. Ryan Brown Law, we investigate every detail: phone records, surveillance footage, text logs, social media, prior false accusations, and witness credibility. We’ve seen how thin evidence can still lead to charges—and how aggressive defense work can stop a conviction in its tracks.

Will You Have to Register as a Sex Offender?

Almost certainly, yes—if you’re convicted.

Georgia’s sex offender registration law applies to nearly every conviction of child molestation or aggravated child molestation. That means:

• Your name and photo appear in a public database
• You must regularly report to law enforcement
• You’ll face restrictions on where you can live and work
• You could be labeled a “sexually dangerous predator,” with GPS monitoring and lifetime supervision

Avoiding conviction—or negotiating a non-registerable offense—is one of the key goals of a strategic defense.

Can Child Molestation Charges Be Beat?

Yes. But it takes experience, strategy, and a defense attorney who knows how to fight sex crime cases in Georgia courtrooms.

We’ve helped clients:

• Prove false allegations
• Suppress illegally obtained evidence
• Prevent charges from being filed at all
• Win jury acquittals
• Negotiate plea deals that avoid life-altering consequences

The earlier you involve us, the more power we have to change the outcome.

Accused of Child Molestation in Georgia? Don’t Wait.

When you’re facing a charge under § 16-6-4, there’s no room for error.

Even the accusation alone can ruin your job, your family life, and your reputation. Don’t assume the truth will protect you. Don’t hope the police will sort it out. And don’t try to explain yourself.

Let us fight for you.

Contact J. Ryan Brown Law now for a confidential, judgment-free consultation.

We’ll give you the honest advice and relentless defense you deserve.