Legal Question in Criminal Law in Georgia

obscene material

Is there any case law for electronically furnishing obscene materials to minors and what is the punishment for the offence. I know its a misdeminer and just need to know the penalty for it. Sent material to and underage person who stated that they were 18 years old but was only 16.


Asked on 7/01/04, 1:27 pm

1 Answer from Attorneys
Jim Hough Thomas J. Hough, Jr., P.C.

Re: obscene material

You are correct that it is a misdemeanor offense. It is, however, a misdemeanor of a high and aggravated nature, which means you are subject to a fine of up to $5,000.00, and if sentenced to jail time you will serve substantially all of the time specified. That means you are not eligible to receive 2 days credit for every 1 day served.

You need representation if you don't already have it. I would not recommend representing yourself in this case. The violation occurs when you provide material of an obscene nature to one you know or should have known to be under the age of 18.

The effort you made to determine the person's age may be very material to this case, and may prove to be a good defense to the charges.

Jim Hough

770-607-5300

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Answered on 7/01/04, 3:25 pm


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