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Child Molestation Charges in Georgia
Chapters of the Code it cites
- § 16-6
- § 42-1
- § 24-4
Georgia does not divide child molestation into degrees. O.C.G.A. § 16-6-4 creates two offenses: child molestation, an immoral or indecent act involving a child under 16 with intent to arouse or satisfy sexual desires, and aggravated child molestation, which physically injures the child or involves sodomy. A first conviction carries 5 to 20 years; aggravated child molestation carries life or at least 25 years followed by lifetime probation.
The two offenses
Under § 16-6-4(a), a person commits child molestation when the person:
- “Does 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”
- “By means of an electronic device, transmits images of a person engaging in, inducing, or otherwise participating in an immoral or indecent act to a child under the age of 16 years” with the same intent
Under § 16-6-4(a.1), when the act involves touching a child “in multiple areas of such child’s body, the touching of each area shall constitute a separate offense of child molestation.” Under § 16-6-4(c), aggravated child molestation is child molestation “which act physically injures the child or involves an act of sodomy.”
Sentences
| Conviction | Sentence |
|---|---|
| First child molestation | "not less than five nor more than 20 years" (§ 16-6-4(b)(1)) |
| Second or later child molestation | "not less than ten years nor more than 30 years or by imprisonment for life" with written notice before trial if the State will seek life (§ 16-6-4(b)(1)) |
| Aggravated child molestation | "imprisonment for life or by a split sentence that is a term of imprisonment for not less than 25 years and not exceeding life imprisonment, followed by probation for life" (§ 16-6-4(d)(1)) |
| Either felony offense after a prior sexual felony conviction | life, or a split sentence followed by probation for life, with electronic monitoring as a probation condition (§ 16-6-4(f)) |
Two close-in-age provisions make the offense a misdemeanor. Under § 16-6-4(b)(2), child molestation is a misdemeanor if the victim was at least 14 but under 16 and the defendant was 18 or younger and no more than four years older. Under § 16-6-4(d)(2), aggravated child molestation is a misdemeanor if the victim was at least 13 but under 16, the defendant was 18 or younger and no more than four years older, and the charge rests on an act of sodomy.
Related rules covered elsewhere
- Registration follows a felony conviction but not one punished as a misdemeanor, because under § 42-1-12 “a conviction for a misdemeanor shall not be considered a dangerous sexual offense”; the registry is explained in sex offender registration in Georgia.
- For child molestation against a victim under 16 committed on or after July 1, 2012, the time limit on prosecution is removed except for the misdemeanor forms, as explained in tolling for minor victims in Georgia criminal cases.
- Evidence of the accused’s other acts of child molestation may be admitted under § 24-4-414, covered in prior bad acts under Rule 404(b) in Georgia.
Reading a charge
- Which subsection of § 16-6-4 does the indictment cite, and is aggravated child molestation charged?
- How old were the child and the accused on the date of the alleged act?
- Does the State allege injury or an act of sodomy?
- Is there a prior conviction, and is it a sexual felony?
- Does each count describe a separate area of touching under § 16-6-4(a.1)?
Sources
- O.C.G.A. § 16-6-4 (2025 Georgia Code).
- O.C.G.A. § 42-1-12 (2024 Georgia Code; amended in 2025).
General information about Georgia criminal law as of October 2026. It is not legal advice, and reading it does not create an attorney-client relationship.