Obscene Materials

    Child Pornography Distribution Defense

    TikTok, Instagram, Discord & Texts Turning into Felony Criminal Charges

    There is a disturbing trend happening with prosecutors in and around Atlanta charging minors and young adults with (often felony) sexual offenses stemming from online communications. If you are reading this page, you may have just become painfully aware of this fact after having your child charged as a sex offender.

    If your child has been charged, contact me for a consultation right away.

    Laws about sexual exploitation or sexual images including minors carry very heavy penalties and are enforced strictly in Cobb County and throughout Georgia. When these laws are applied to digital communications among teenagers it can lead to problematic legal outcomes, a few examples we have seen:

    • A single person (or small group of people) being charged for an image or video that was shared with hundreds of people
    • Someone being charged with “creation” or “distribution” of inappropriate images involving children for simply receiving a message
    • Someone completely uninvolved with a situation being “tagged” in an innappropriate image or video

    Any of these situations can lead to expulsion, felony charges and a sex-offender designation and required notification of neighbors / limited housing options for years to come.

    Outdated Laws Applied to Current Technology

    While the intent of the law is to punish people who willfully exploit children or share images of children being exploited. Those laws were written to be aggressive and include anyone who is involved in the creation or distribution or inappropriate images involving minors. However, those laws did NOT take into consideration that in 2021 most people would be walking around with HD cameras in their phones. Those laws did NOT take into consideration how someone could be in “possession” of a file unintentionally. Some of the laws that we have seen minors and young adults charged under include:

    • Distributing Obscene Materials O.C.G.A. §16-12-80
    • Sexual Exploitation of Children O.C.G.A. §16-12-100
    • Electronically furnishing obscene material to minors: O.C.G.A. §16-12-100.1
    • Computer Pornography and Child Exploitation Prevention Act of 1999 O.C.G.A. §16-12-100.2

    These charges all carry serious consequences and require an expert defense.

    Get a Consultation with a Juvenile Defense Attorney

    If you or your child has been charged with any child indecency related offense, speak to a lawyer immediately. The prosecution against you will be aggressive and they will be looking for harsh sentencing. An attorney on your side can help mitigate the consequences and ensure that your side of the story is told. Contact Phyllis today to start your defense.