Child Pornography is criminalized in Georgia by O.C.G.A. § 16-12-100: it is a crime to knowingly possess or control material, which includes photos and videos, which depicts a minor or a portion of a minor’s body engaged in any sexually explicit conduct.
Any person charged and convicted of possessing child pornography shall be guilty of a felony and shall be imprisoned for a minimum of five years and as much as twenty years. In addition, a fine of up t0 $100,000 can be ordered, any proceeds derived from the child pornography’s sale can be confiscated, and any property used to commit this offense can be confiscated.
Generally a child pornography prosecution begins when your IP address is brought to the attention of state or federal authorities due to criminal behavior on the internet. At this point an investigation is opened and authorities will try and document who may be running the computer. This is done through subpoenaing records of who name the internet is in and other relevant information. This information is usually taken to a magistrate judge who will issue a search warrant for your home, business, or other relevant locations. Once there police generally will confiscate all computers and evidence that helps build their case.
Also, they will usually give you an opportunity to “explain” your side, why these images are on your computer. It is never a good idea to waive your right to remain silent unless you have consulted with an attorney.
At this point you are placed under arrest and are facing felony charges. If you have need help contact an attorney today! Call 404-373-7735.
