Legal Question in Criminal Law in Georgia

Re: Sodomy Laws in GA

If he had had "regular" sex with the 15 yr. old, he would have been charged with statutory rape, which is a felony, like aggravated child molestation (which he was charged with), and carries a minimum sentence of 1 yr.

The difference is sentencing is this: aggravated child molestation is considered one of the "seven deadlies" in Georgia, along with armed robbery, murder, etc. The seven deadlies carry mandatory minimums of 10 yrs. If he had been charged with satutory rape, the mandatory minimum would have been 1 yr., and he would have been eligible for a 1st offender plea, which probably would have resulted in a couple of years probation, and, if there were no further incidents of arrest and all probationary conditions were met, adjudication would have been withheld and there technically would be no conviction.