If you’ve been convicted of a criminal offense against a minor or a dangerous sexual offense, then your name will be placed on a sexual offense registry – both Georgia’s and the National Registry. Anyone can access these registries, including potential employers. You will also be restricted on where you can work and reside. Generally, you can’t be near where children may congregate like a playground or school, nor will you be able to be employed in positions that have contact or potential contact with children.
The types of offenses are listed in O.C.G.A. § 42-1-12 and are further clarified by date of conviction:
Criminal Offense against a Minor
Conviction(s) on or before June 30, 2001
• Kidnapping of a minor – unless you are the child’s parent
• False imprisonment of a minor – unless you are the child’s parent
• Criminal sexual conduct toward a minor
• Solicitation of a minor to practice prostitution
• Any conviction resulting from and underlying sexual offense against a minor
• Solicitation of a minor to engage in sexual conduct
• Use of a minor in a sexual performance
Conviction(s) after June 30, 2001
• Includes all of the above offenses
• Use of a minor to engage in any sexually explicit conduct to produce any visual medium depicting such conduct
• Creating, publishing, selling, distributing, or possessing any material depicting a minor or a portion of a minor’s body engaged in sexually explicit conduct
• Transmitting, making, selling, buying, or disseminating by means of a computer any descriptive or identifying information regarding a child for the purpose of offering or soliciting sexual conduct of or with a child or the visual depicting of such conduct
• Conspiracy to transport, ship, receive, or distribute visual depictions of minors engaged in sexually explicit conduct
• Any conduct which, by its nature, is a sexual offense against a minor
Dangerous Sexual Offenses
Conviction(s) on or before June 30, 2006
• Aggravated assault with the intent to rape in violation of Code § 16-5-21
• Rape in violation of Code § 16-6-1
• Aggravated sodomy in violation of Code §16-6-2
• Aggravated child molestation in violation of Code § 16-6-4
• Aggravated sexual battery in violation of Code 16-6-22.2
Conviction(s) between July 1, 2006 and June 30, 2015
• Includes all of the above offenses
• Kidnapping in violations of Code § 16-5-40 which involves a victim who is less than 14 years of age – unless you are the child’s parent
• False imprisonment in violation of Code § 16-5-41 which involves a victim who is less than 14 years of age – unless you are the child’s parent
• Sodomy in violation Code § 16-6-2
• Statutory rape in violation of Code § 16-6-3, if the individual convicted of the offense is 21 years of age or older
• Child molestation in violation of Code § 16-6-4
• Aggravated child molestation in violation of Code § 16-6-4, unless the person was convicted of a misdemeanor offense
• Enticing a child for indecent purposes in violation of Code § 16-6-5
• Sexual assault against persons in custody in violation of Code § 16-6-5.1
• Incest in violation of Code § 16-6-22
• A second conviction for sexual battery in violation of Code § 16-6-22.1
• Sexual exploitation of children in violation of Code § 16-12-100
• Electronically furnishing obscene material to minors in violation of Code § 16-12-100.1
• Computer pornography and child exploitation in violation of Code § 16-12-100.2
• Obscene telephone contact in violation of Code § 16-12-100.3
• Any conduct which, by its nature, is a sexual offense against a victim who is a minor or an attempt to commit a sexual offense against a minor
Conviction(s) after June 30, 2015
• Includes all of the above offenses
• Trafficking a person for sexual servitude in violation of Code § 16-5-46
Can You Be Removed from the Registry?
You can ask a superior court for removal from the registry provided that you’ve finished all the requirements made of you for your conviction such as your prison sentence, parole, supervised release, and probation. You may also be released if your conviction is considered a misdemeanor on or after July 1, 2006, or you were convicted of kidnapping or false imprisonment of a minor. All of these options have qualifications set forth in O.C.G.A. § 42-1-19. This statute provides for release of job and residency restrictions, too. Please contact an experienced criminal defense attorney to determine your eligibility.
