What Happens If I Am Charged With Obscene Telephone Contact With a Minor (§ 16-12-100.3) in Georgia?

Being charged with obscene telephone contact with a minor in Georgia is a serious situation that can have lasting consequences for your freedom, reputation, and future. Knowing exactly what you’re facing is the first step toward mounting an effective defense.

Obscene telephone contact with a minor is a specific offense under Georgia law that criminalizes certain sexually explicit communications with children under 14 years of age.

Even if you believe the interaction was consensual or you didn’t know the person’s age, you could still face significant penalties. So, what happens if you’re charged with obscene telephone contact with a minor?

What is Obscene Telephone Contact With a Minor in Georgia?

Under Georgia Code § 16-12-100.3, obscene telephone contact with a minor occurs when:

• A person 17 years of age or older
• Has telephone contact with someone they know or should have known is under 14 years old
• The contact involves explicit verbal descriptions or narrative accounts of:
  • Sexually explicit nudity
  • Sexual conduct
  • Sexual excitement
  • Sadomasochistic abuse
• The communication is intended to arouse or satisfy the sexual desire of either the child or the person making the contact

The law specifically applies to “telephone contact,” but courts have interpreted this broadly to include various forms of voice communication, including:

• Traditional phone calls
• Voice messages
• Internet-based voice chats
• Voice communications through apps and other digital platforms

An important element of this law is that a conviction cannot be based solely on the victim’s testimony—there must be additional supporting evidence.

This requirement provides some protection against false accusations, but also means prosecutors will work diligently to gather corroborating evidence such as phone records, recordings, or witness testimony.

Penalties for Obscene Telephone Contact With a Minor

The penalties for obscene telephone contact with a minor in Georgia vary based on the defendant’s age and whether they have prior convictions:

For First-Time Offenders Age 21 and Older

If you’re 21 or older and facing your first conviction for this offense, you’ll be charged with a misdemeanor of a high and aggravated nature, which can include:

• Up to 12 months in jail
• Fines up to $5,000
• Probation

For First-Time Offenders Under Age 21

If you’re between 17 and 20 years old and it’s your first offense, the charge is classified as a standard misdemeanor, which can result in:

• Up to 12 months in jail
• Fines up to $1,000
• Probation

Special Provisions for First Offenses

For first-time offenders of any age, the judge has the discretion to:

• Probate your sentence (suspend jail time)
• Require mandatory counseling with a licensed psychiatrist or psychologist as a condition of probation

If the judge determines probation is not appropriate, you will face imprisonment. However, the law requires that counseling be provided at the place of incarceration.

For Second and Subsequent Offenses

If you’ve been previously convicted of this offense, the consequences become much more severe. A second or subsequent conviction is classified as a felony and carries:

• 1 to 5 years in prison
• Potential fines
• Lengthy probation after release
• Possible sex offender registration requirements

Beyond these direct legal penalties, a conviction for obscene telephone contact with a minor can have lasting consequences on your life, including:

• Difficulty finding employment
• Housing restrictions
• Damaged personal and professional relationships
• Possible limitations on where you can live or work
• Ongoing stigma associated with crimes involving minors

These penalties can have lifelong consequences—including prison time and sex offender registration. If you’re facing this charge, it’s critical to seek experienced legal counsel immediately.

Defenses Against Charges of Obscene Telephone Contact With a Minor

If you’re facing charges under § 16-12-100.3, several potential defenses may be available, depending on the specific circumstances of your case:

Insufficient Evidence

Remember that the law specifically states that “no conviction shall be had for this offense on the unsupported testimony of the victim.” This means prosecutors must have corroborating evidence beyond just the child’s statement. Your attorney may challenge whether the prosecution has sufficient evidence to meet this requirement.

Age-Related Defenses

While the statute explicitly states that it is not a defense to claim you didn’t know the person was a child, your attorney might still argue that there was no reasonable way for you to have known or suspected the person’s age, especially in cases involving online or phone communication where visual confirmation isn’t possible.

Content of the Communication

Your defense may challenge whether the communication actually contained “explicit verbal descriptions or narrative accounts” of the sexual content prohibited by the statute. Not all sexually suggestive communication rises to the level required for conviction under this law.

Intent

The law requires that the communication was “intended to arouse or satisfy the sexual desire” of either party. If the prosecution cannot prove this specific intent, it may be difficult for them to secure a conviction.

Constitutional Challenges

In some cases, your attorney might raise First Amendment challenges regarding the law’s application to protected speech, though these defenses face significant hurdles when the communication involves minors.

Entrapment

If law enforcement induced you to commit a crime you wouldn’t otherwise have committed, this may constitute entrapment—a valid defense in Georgia.

Frequently Asked Questions About Obscene Telephone Contact With a Minor Charges

Can I be charged if I didn’t know the person was under 14?

Yes. The statute specifically states that the offense occurs if you knew OR should have known the individual was a child. This “should have known” standard means that claiming ignorance of the person’s age is generally not a successful defense.

What constitutes “telephone contact” under the law?

While the law specifically mentions “telephone contact,” courts have interpreted this to include various forms of voice communication, including traditional phone calls, voice messages, and internet-based voice communications. The key element is the aural (hearing) component of the communication.

Will I have to register as a sex offender if convicted?

Whether you’ll have to register as a sex offender depends on the specific circumstances of your case and the judge’s determination. For some convictions under this statute, sex offender registration may be required. This is an important issue to discuss with your attorney.

Can the charges be dropped if the minor or their parents don’t want to press charges?

Once the state has filed charges, the decision to proceed with prosecution rests with the district attorney, not with the alleged victim or their family. While the victim’s cooperation (or lack thereof) may influence the prosecutor’s decision, they can proceed with the case even if the victim or their family is reluctant.

How can an attorney help with these charges?

An experienced criminal defense attorney who handles sex offense cases can:

• Evaluate the evidence against you
• Identify potential weaknesses in the prosecution’s case
• Negotiate with prosecutors for reduced charges or penalties
• Prepare and present defenses at trial if necessary
• Guide you through the complex legal process
• Work to minimize the impact on your life and future

Defending Your Future Starts Here

At J. Ryan Brown Law, we understand the severe consequences that can result from charges of obscene telephone contact with a minor. Our experienced criminal defense team provides:

• Thorough case evaluation to identify potential defenses
• Strategic defense planning based on the specific facts of your case
• Aggressive advocacy in court and during negotiations
• Compassionate guidance through a difficult and stressful process
• Protection of your rights throughout the legal proceedings

We recognize that being accused doesn’t mean you’re guilty, and we’re committed to providing the strongest possible defense for our clients facing these serious charges.

If you or a loved one has been charged with obscene telephone contact with a minor under Georgia Code § 16-12-100.3, contact J. Ryan Brown Law immediately for a confidential consultation. The sooner we can begin working on your defense, the better we can protect your rights and future.