What Happens if I Am Charged with Electronically Furnishing Obscene Material to Minors (§ 16-12-100.1) in Georgia?

Technology has changed how we communicate, share information, and, unfortunately, how crimes against minors occur. If you’re facing charges of electronically furnishing obscene material to minors in Georgia, your future is at stake.

One text message, one email, one social media message sent to the wrong person can result in serious criminal charges under Georgia law. With smartphones in nearly every pocket and instant communication at our fingertips, these charges are becoming increasingly common—and increasingly devastating.

Being charged doesn’t mean you’re guilty. But it does mean you need experienced legal help immediately.

What is Electronically Furnishing Obscene Material to Minors in Georgia?

Under Georgia Code § 16-12-100.1, electronically furnishing obscene material to minors occurs when someone knowingly provides obscene content to a person under 18 through electronic means.

The law specifically prohibits:

• Electronically furnishing visual content (pictures, photographs, drawings) depicting sexually explicit nudity, sexual conduct, or sadomasochistic abuse that’s harmful to minors
• Providing written or aural content containing explicit verbal descriptions of sexual conduct, sexual excitement, or sadomasochistic abuse

If you’re under investigation or have been charged, don’t assume the situation will resolve itself. You need an experienced criminal defense attorney who understands the nuances of Georgia’s obscenity laws and can challenge both the evidence and the prosecution’s assumptions.

What Must the Prosecution Prove for a Conviction?

Here’s what the State must prove to secure a conviction for electronically furnishing obscene materials to a minor:

• You knew or should have known the recipient was a minor (under 18 and unmarried)
• You knew or had good reason to know the character of the material
• The offensive portions weren’t merely incidental to an otherwise non-offensive whole
• The material, taken as a whole, lacks serious literary, artistic, political, or scientific value
• The material appeals to and incites prurient interest in minors

“Electronically furnishing” means making content available through:

• Electronic storage devices (including floppy disks and other magnetic storage)
• CD-ROMs
• Computer bulletin boards
• Direct electronic communication

This law has been updated over the years to encompass modern technology. While the original statute was written in an era of computer bulletin boards and floppy disks, courts have interpreted it to include texts, emails, social media messages, and other forms of digital communication.

Penalties for Electronically Furnishing Obscene Material to Minors

If convicted of electronically furnishing obscene material to minors in Georgia, you face:

• Classification as a misdemeanor of a high and aggravated nature
• Up to 12 months in jail
• Fines up to $5,000
• Probation with restrictive conditions
• Potential sex offender registration requirements

However, the law provides some leniency in certain cases. The offense may be treated as a standard misdemeanor (with less severe penalties) if:

• The minor receiving the materials was at least 14 years old
• The minor consented to receiving the materials
• You were 18 years of age or younger at the time

While not classified as a felony, the “high and aggravated” designation significantly increases the potential penalties and long-term consequences compared to ordinary misdemeanors.

Defense Options for Electronically Furnishing Obscene Content

Several effective defense strategies may be available depending on the specifics of your case:

1. Lack of Knowledge About the Recipient’s Age

While the statute states it’s not a defense to claim you didn’t know the person was a minor, your attorney may be able to demonstrate that you had no reasonable way to know or suspect the recipient was underage. This is particularly relevant in online interactions where age verification is limited.

2. Material Doesn’t Meet the Definition of “Obscene”

The legal definition of obscenity is specific and multi-faceted. Your attorney may argue that the material in question:

• Has serious literary, artistic, political, or scientific value
• Doesn’t appeal predominantly to prurient interests
• Contains offensive portions that are merely incidental to a non-offensive whole
• Doesn’t meet community standards for what’s considered harmful to minors

3. Constitutional Challenges

First Amendment protections for free speech may apply in some cases, especially when the material has artistic, literary, political, or scientific value.

4. Technical Defenses

As seen in the Frix case, the specific method of transmission matters. Your attorney may challenge whether the means of communication actually meets the statutory definition of “electronically furnishing.”

5. 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.

Facing charges for electronically furnishing obscene content is serious, but with the right legal strategy, it’s possible to challenge the evidence and protect your future.

Long-Term Consequences of a Conviction

The impact of a conviction for electronically furnishing obscene material to minors extends far beyond potential jail time and fines:

• Professional consequences: Many employers conduct background checks, and a conviction involving minors and sexual content can make finding employment extremely difficult.
• Educational impact: Colleges and universities may deny admission based on this type of conviction.
• Housing restrictions: Landlords may refuse to rent to individuals with certain criminal records, especially those involving minors.
• Reputation damage: These charges often attract media attention and can permanently damage your standing in the community.
• Relationship strain: The nature of these charges can strain family relationships and friendships.
• Sex offender registration: While not automatic for all cases, some circumstances may require sex offender registration, imposing severe restrictions on where you can live and work.

A conviction for electronically furnishing obscene material to minors can follow you for the rest of your life, impacting where you live, work, study, and how others see you. The legal penalties are just the beginning; the personal fallout can be just as devastating.

Frequently Asked Questions

Can I be charged if I didn’t know the person was under 18?

Yes. The law specifically states that you can be charged if you “knew or should have known” the recipient was a minor. However, your lack of actual knowledge may be part of your defense strategy.

What if the minor lied about their age?

This is a complex legal area. While the minor’s misrepresentation doesn’t automatically exonerate you, it may be a factor your attorney can use in your defense, especially if you took reasonable steps to verify age.

Is sexting between teenagers considered electronically furnishing obscene material?

Potentially, yes. However, Georgia law provides for lesser penalties when both parties are close in age (the sender is 18 or younger and the recipient is at least 14), and the material was shared with consent.

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

Not necessarily. Once law enforcement is involved, the decision to pursue charges rests with the prosecutor, not with the alleged victim or their family. However, their cooperation (or lack thereof) may influence the prosecutor’s decision.

What’s the difference between this charge and other sex crimes involving minors?

Electronically furnishing obscene material to minors doesn’t require physical contact and is generally charged as a misdemeanor, albeit a serious one. Other sex crimes involving minors are typically felonies with much harsher penalties.

When Everything’s on the Line, We Step In

If you’re facing charges of electronically furnishing obscene material to minors, having experienced legal representation is critical. At J. Ryan Brown Law, we understand the nuances of Georgia’s obscenity laws and have successfully defended clients against these serious accusations.

Our approach includes:

• Thorough investigation of all evidence
• Examination of how the electronic communication occurred
• Analysis of whether the material meets the legal definition of obscenity
• Determination if proper procedures were followed by law enforcement
• Strategic defense planning based on the specific circumstances of your case

These charges can destroy your reputation, career, and freedom. Don’t face them alone or with inadequate representation.

Contact J. Ryan Brown Law today for a confidential consultation about your case. We’ll discuss your options and begin building your defense immediately.