What is the name of your state? GA
My son 15y/o used his cell phone to take a picture under a girls dress. I was shown the pics, and the girl was sitting at her desk in a skirt. The only thing that is visible are her legs. More would be seen in a bathing suit. He was immeadiately caught, and in school suspention for 10 days was determined to be imposed the beginning of the next school year by a dicipline hearing officer. The deputy that works at the school said that the DA is going to charge him with O.C.G.A. 16-12-100 section 5B (Sexual exploitation of children). I have read the law, and dont believe it fits the actions that happened. Does the DA have a case, and what punishment if found true should we expect? Please review the law posted below.
� 16-12-100. Sexual exploitation of children; reporting violation; forfeiture; penalties
(a) As used in this Code section, the term:
(1) "Minor" means any person under the age of 18 years.
(2) "Performance" means any play, dance, or exhibit to be shown to or viewed by an audience.
(3) "Producing" means producing, directing, manufacturing, issuing, or publishing.
(4) "Sexually explicit conduct" means actual or simulated:
(A) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;
(B) Bestiality;
(C) Masturbation;
(D) Lewd exhibition of the genitals or pubic area of any person;
(E) Flagellation or torture by or upon a person who is nude;
(F) Condition of being fettered, bound, or otherwise physically restrained on the part of a person who is nude;
(G) Physical contact in an act of apparent sexual stimulation or gratification with any person's unclothed genitals, pubic area, or buttocks or with a female's nude breasts;
(H) Defecation or urination for the purpose of sexual stimulation of the viewer; or
(I) Penetration of the vagina or rectum by any object except when done as part of a recognized medical procedure.
(5) "Visual medium" means any film, photograph, negative, slide, magazine, or other visual medium.
(b)(1) It is unlawful for any person knowingly to employ, use, persuade, induce, entice, or coerce any minor to engage in or assist any other person to engage in any sexually explicit conduct for the purpose of producing any visual medium depicting such conduct.
(2) It is unlawful for any parent, legal guardian, or person having custody or control of a minor knowingly to permit the minor to engage in or to assist any other person to engage in sexually explicit conduct for the purpose of producing any visual medium depicting such conduct.
(3) It is unlawful for any person knowingly to employ, use, persuade, induce, entice, or coerce any minor to engage in or assist any other person to engage in any sexually explicit conduct for the purpose of any performance.
(4) It is unlawful for any parent, legal guardian, or person having custody or control of a minor knowingly to permit the minor to engage in or to assist any other person to engage in sexually explicit conduct for the purpose of any performance.
(5) It is unlawful for any person knowingly to create, reproduce, publish, promote, sell, distribute, give, exhibit, or possess with intent to sell or distribute any visual medium which depicts a minor or a portion of a minor's body engaged in any sexually explicit conduct.
(6) It is unlawful for any person knowingly to advertise, sell, purchase, barter, or exchange any medium which provides information as to where any visual medium which depicts a minor or a portion of a minor's body engaged in any sexually explicit conduct can be found or purchased.
(7) It is unlawful for any person knowingly to bring or cause to be brought into this state any material which depicts a minor or a portion of a minor's body engaged in any sexually explicit conduct.
(8) It is unlawful for any person knowingly to possess or control any material which depicts a minor or a portion of a minor's body engaged in any sexually explicit conduct.
My son 15y/o used his cell phone to take a picture under a girls dress. I was shown the pics, and the girl was sitting at her desk in a skirt. The only thing that is visible are her legs. More would be seen in a bathing suit. He was immeadiately caught, and in school suspention for 10 days was determined to be imposed the beginning of the next school year by a dicipline hearing officer. The deputy that works at the school said that the DA is going to charge him with O.C.G.A. 16-12-100 section 5B (Sexual exploitation of children). I have read the law, and dont believe it fits the actions that happened. Does the DA have a case, and what punishment if found true should we expect? Please review the law posted below.
� 16-12-100. Sexual exploitation of children; reporting violation; forfeiture; penalties
(a) As used in this Code section, the term:
(1) "Minor" means any person under the age of 18 years.
(2) "Performance" means any play, dance, or exhibit to be shown to or viewed by an audience.
(3) "Producing" means producing, directing, manufacturing, issuing, or publishing.
(4) "Sexually explicit conduct" means actual or simulated:
(A) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;
(B) Bestiality;
(C) Masturbation;
(D) Lewd exhibition of the genitals or pubic area of any person;
(E) Flagellation or torture by or upon a person who is nude;
(F) Condition of being fettered, bound, or otherwise physically restrained on the part of a person who is nude;
(G) Physical contact in an act of apparent sexual stimulation or gratification with any person's unclothed genitals, pubic area, or buttocks or with a female's nude breasts;
(H) Defecation or urination for the purpose of sexual stimulation of the viewer; or
(I) Penetration of the vagina or rectum by any object except when done as part of a recognized medical procedure.
(5) "Visual medium" means any film, photograph, negative, slide, magazine, or other visual medium.
(b)(1) It is unlawful for any person knowingly to employ, use, persuade, induce, entice, or coerce any minor to engage in or assist any other person to engage in any sexually explicit conduct for the purpose of producing any visual medium depicting such conduct.
(2) It is unlawful for any parent, legal guardian, or person having custody or control of a minor knowingly to permit the minor to engage in or to assist any other person to engage in sexually explicit conduct for the purpose of producing any visual medium depicting such conduct.
(3) It is unlawful for any person knowingly to employ, use, persuade, induce, entice, or coerce any minor to engage in or assist any other person to engage in any sexually explicit conduct for the purpose of any performance.
(4) It is unlawful for any parent, legal guardian, or person having custody or control of a minor knowingly to permit the minor to engage in or to assist any other person to engage in sexually explicit conduct for the purpose of any performance.
(5) It is unlawful for any person knowingly to create, reproduce, publish, promote, sell, distribute, give, exhibit, or possess with intent to sell or distribute any visual medium which depicts a minor or a portion of a minor's body engaged in any sexually explicit conduct.
(6) It is unlawful for any person knowingly to advertise, sell, purchase, barter, or exchange any medium which provides information as to where any visual medium which depicts a minor or a portion of a minor's body engaged in any sexually explicit conduct can be found or purchased.
(7) It is unlawful for any person knowingly to bring or cause to be brought into this state any material which depicts a minor or a portion of a minor's body engaged in any sexually explicit conduct.
(8) It is unlawful for any person knowingly to possess or control any material which depicts a minor or a portion of a minor's body engaged in any sexually explicit conduct.
