Legal Question in Criminal Law in Georgia

Have I enticed a Minor? GA 16-6-5

I was taken in for questioning 4 days ago in regards to an accusation being made against me for enticing a minor on the internet. I did chat on the internet with a female that was 13, and the nature of our conversation was dirty/obsene. The conversation took a twist from her telling me that her boyfriend was going to beat me up, to her being interested in meeting me. At that point I figured it was not her chatting. Nonetheless, I told the police that I had chatted with her, and even though she told me she was 13, I thought it was someone else, possibly boyfriend or parent. We had a conversation a couple of days and then I thought she was getting upset so I stopped talking. I think I offended her when I joked about meeting up with her. Then she came back a little while later and told me that she had thought about it and she did want to meet me. I knew that this was a joke becaus e no one in their right mind would meet a stranger off the internet. I figured it was another person, possibly her boyfriend wanting to make a fool out of me. But I played along, I told her that I would meet her. I told her to be at the park at 5:00. While I was actually working until 7:00. So, of course


Asked on 6/22/04, 1:18 pm

2 Answers from Attorneys
robert nudelman criminal defense associates

Re: Have I enticed a Minor? GA 16-6-5

Enticing a child over the internet is an extremly serious charge. Whether or not you were "just Kidding" is a question of fact for the jury. My suggestion to you is to STOP TALKING TO THE AUTHORITIES!! You need serious representation right now. Call mme at (800) 313-9619 to further discuss this matter.

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Answered on 6/24/04, 2:10 pm
Jim Hough Thomas J. Hough, Jr., P.C.

Re: Have I enticed a Minor? GA 16-6-5

I assume you have read the statute. If you committed the acts described in the statute with the requisite criminal intent, or mens rea, then you have enticed a minor. If both elements do not exist, then you have not enticed a minor.

However, it is not as easy as saying, "I didn't intend to do what the statute prohibits." Case law in Georgia, and everywhere else for that matter, suggests that a person will be presumed to have committed the logical and probable consequences of his behavior. "Just kidding," may work in some arenas, but not in criminal law.

In my opinion you need representation, and I would recommend sooner, rather than later. I would have no more conversations with anyone without legal counsel.

Jim Hough

770-607-5300

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Answered on 6/23/04, 8:44 am


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