Georgia Criminal, Drug, & DUI Defense Blog

Someone I know has been charged with a misdemeanor. What can I expect to happen?

2011-05-10T10:58:00.004-04:00

A misdemeanor criminal charge is a charge for which the punishment is no more than one year and/or no more than a $1000.00 fine. Usually these cases begin with the issuance of a citation, (also called a ticket) or an arrest. If you have been arrested, within 72 hours you should either granted a bond or given a preliminary hearing. If you were not arrested, then your citation should have a court date written on it. That date will be the date of your arraignment. If you are in jail for 72 hours, you are entitled to a preliminary hearing. A preliminary hearing is a hearing to determine if there is probable cause to believe you committed the crime.

The next court appearance you will have is called an arraignment. The purpose of this hearing is to allow the state to tell you exactly what charges are pending against you and to give you a copy of the charges and the list of the witnesses. At this time, you will tell the Court how you want to plead to the charges. You can plead guilty, not guilty or, under certain circumstances, nolo contendre. A nolo contendre, or no contest, plea simply means that you are not contesting the charge. You are not admitting your guilt in the case but you will be sentenced as if you had plead guilty. If you plead guilty, you may be sentenced at the arraignment hearing. If you plead not guilty, then your case will be placed on a jury trial calendar or a non-jury trial calendar. You have a constitutional right to a trial by jury if you demand it. If you do not demand a jury trial, then your case may be heard by a judge sitting alone.

Another purpose of the arraignment calendar is to allow you to file any motions which may be appropriate in your case. Usually a criminal defense attorney will file a Motion for Discovery and any other motions appropriate to the charge. If you are pleading not guilty it is very important that you be represented by an attorney at this stage of the proceeding.

When the case is called for trial, you will either go to trial or negotiate a plea. If you have a non-jury trial, a Judge will hear all the evidence in the case, decide whether the state met its burden and proved your guilt beyond a reasonable doubt, and decide on an appropriate sentence if you are found guilty. If you have a jury trial, then the jury will decide the issue of guilt, but the judge will still decide on the appropriate sentence.

If you do not agree with the decision reached regarding your guilt, you may appeal your decision to the appropriate court.

Teen Drivers Lose Their License For Many Reasons. Not Just Because Their Parents Took Them!

2011-05-05T07:49:00.001-04:00

Parents of teen age drivers and their child who has violated the law are often surprised when their Criminal Defense Attorney tells them that the teen age driver is about to lose their license for a traffic offense that for an adult driver would only result in a fine.

Teen age drivers and their parents should know the following. If a teen age driver gets a DUI for drugs or alcohol, or a ticket for possession of marijuana, they will lose their license for six months. They cannot plead Nolo Contendre to keep their license. If a teen age driver gets a ticket for going more than 24 miles over the speed limit, their license will get suspended. If they accumulate more than 4 points on their license or you get a citation which carries 4 points or more, they will lose their license. If they voluntarily take a defensive driving course, sometimes they can reduce those points to less than 4. Keep in mind than most moving violations carry minimum of 2 points so they have to obey all of the driving laws to keep their license. Other offenses which will suspend your license, no matter what your age, are Homicide by vehicle, Feticide by vehicle, Hit and run or leaving the scene of an accident, using a motor vehicle during the commission of a felony, racing on streets or highways, fraudulent use of a driver’s license, driving on a suspended license, serious injury by vehicle or operating a vehicle with a revoked, cancelled, or suspended registration.

Drivers under 21 who are convicted of the following offenses can also lose their license: using a motor vehicle in fleeing or attempting to elude an officer, reckless driving, any offense for which four or more points are assessable under subsection (c) of Code Section 40-5-57, purchasing an alcoholic beverage if you are under age. A plea of nolo contendre shall be considered a conviction for purposes of this subsection. The Notice of suspension shall be given by certified mail or statutory overnight delivery, return receipt requested; or, in lieu thereof, notice may be given by personal service upon such person. You will have to surrender your license within ten days of notification of such suspension. Notice given by certified mail or statutory overnight delivery, return receipt requested, mailed to the person's last known address shall be prima-facie evidence that such person received the required notice.

What Is An Arraignment Hearing?

2011-05-02T06:18:00.001-04:00

If you have ever attended a criminal arraignment, you probably thought at the end of the hearing “Now why did I have to do this?”

In a criminal arraignment, the judge will usually call the defendant to the podium and say “Mr. Jones, you are charged with shoplifting, which is a felony. How do you plead?”

If you have a criminal defense attorney, he will answer for you and say something like “The Defendant pleads not guilty, waives formal reading of the indictment, requests a copy of the indictment and list of witnesses, and asks for 10 days to file motions. We are going to opt in on discovery.”

And you sat down. What just happened?

The arraignment hearing is an important proceeding in the criminal process. It is when the defendant is informed of exactly what charges the State has brought against him. He receives a copy of the charges and a list of the state’s witnesses. If the defendant wishes, the District Attorney will read the charges to him in open court. This was very important in the past when the majority of defendants could not read. If the defendant wishes, he can enter a plea of guilty to the charges and be sentenced. Many times the pleas will be taken after the arraignment calendar is called.

It also allows the Court to be sure an indigent defendant has appointed counsel to help him prepare his case for trial and allows the Defendant 10 days to file any Motions in his case. Be aware that allowing the extra time to file motions is discretionary with the judge. Court rules require that motions should be filed on the day of the arraignment and some judges will not allow them to be filed after that.

The arraignment is also the time when the State determines whether they are going to have to try your case. If you plead guilty at the arraignment, then the case is over and you are sentenced. If you plead not guilty, the State will then begin preparing their case for trial and your attorney will begin preparing your defense. The Court will then place your case on a trial calendar to set the time for trial.

What Is The Purpose Of A Probable Cause Hearing?

2011-04-27T13:21:00.008-04:00

As I was sitting at a continuing legal education seminar, a friend of mine was lecturing on the purposes of a probable cause hearing. He opened with “What is the purpose of a probable cause hearing?” A colleague responded “It’s to see if there was enough evidence for a reasonable officer to make an arrest. Everybody here knows that.”

But he was wrong. There are many different reasons to have a probable cause hearing. One reason might be to show the prosecutor that he has a very weak case and the defendant’s charge should be dismissed, or at the very least reduced. It is also possible that the defendant’s bond may be reduced if the charges are likely to be reduced.

A second reason would be to preserve the testimony of an officer regarding what other people may testify to later. The evidence at the hearing is recorded and can be transcribed later. Your criminal defense attorney may want to preserve the officer’s probable cause testimony in cases where the witnesses may testify differently at the trial. I recall a child molestation case where the officer testified to what the child told his mother and then the mother told the police. The officer also testified to what other officers or witnesses told him. The officer did not testify accurately, and at trial the witnesses didn’t support what the officer had said at the probable cause hearing. The officer then tried to change his testimony later. We as defense attorneys pointed out the conflict between the statements and impeached the witnesses at trial. The jury did not believe anything the prosecution presented after that.

Another reason for a probable cause hearing is to gather evidence to use at a suppression motion later. Motions to suppress evidence are filed when the defendant’s civil rights are violated. These motions are usually filed because of an illegal search, for example, a car is searched because two people are talking in it while parked in a parking lot. The officer finds a gun and charges the driver with possession of a gun by a convicted felon. The case was dismissed by the State because the officer did not have probable cause to search the car and admitted to it during the probable cause hearing.

Finally, it is very unusual for a defendant to testify at his probable cause hearing. Any witness who testifies is subject to cross examination and all of the testimony is recorded. When the defendant testifies, he alerts the State to what his defense will be at trial and he also effectively gives up his constitutional right to remain silent. Generally the best rule is for the defendant to remain silent and use the probable cause hearing to evaluate the State’s evidence.

Someone I know has been charged with a misdemeanor. What can I expect to happen?

2011-04-14T06:06:00.001-04:00

A misdemeanor criminal charge is a criminal charge for which the punishment is no more than one year incarceration and no more than a $1000.00 fine or both. Usually these cases begin with the issuance of a citation, (also called a ticket) or an arrest. If you have been arrested, within 72 hours you should either be granted a bond or given a preliminary hearing. If you were not arrested, then your citation should have a court date written on it. That date will be the date of your arraignment. If you are in jail for 72 hours, you are entitled to a preliminary hearing. A preliminary hearing is a hearing to determine if there is a probable cause to believe you committed the crime.

Another purpose of the arraignment calendar is to allow you to file any motions which may be appropriate in your case. Usually an attorney will file a Motion for Discovery and any other motions appropriate to the charge.

If you do not agree with the decision reached regarding your guilt, you may appeal your decision to the appropriate court.

You have the right to an attorney, and it is important that you have an experienced criminal attorney, at each stage of this process.

Texting While Driving Baned In Georgia

2011-04-11T06:48:00.001-04:00

Texting While Driving was baned in Georgia in June 2010 when Governor Sonny Perdue signed HB 23 and SB 360. This law bans “engaging in wireless communication” while driving in Georgia. The law also bans 16 and 17 year olds from using cell phones at all while driving. Texting is defined as:
(1) ‘Engage in a wireless communication’ means talking, writing, sending, or reading a text-based communication, or listening on a wireless telecommunications device.
(2) ‘Wireless telecommunications device’ means a cellular telephone, a text-messaging device, a personal digital assistant, a stand alone computer, or any other substantially similar wireless device that is used to initiate or receive a wireless communication with another person. It does not include citizens band radios, citizens band radio hybrids, commercial two-way radio communication devices, subscription-based emergency communications, in-vehicle security, navigation, and remote diagnostics systems or amateur or ham radio devices.

Violation of this new law can result in a maximum fine of $150, which is doubled if you are involved in an accident while using a wireless device. A conviction also results in one point on your driving record.

Tags: Georgia drivers, Texting while Driving, Wireless device, Minors Texting, Cell Phone use while Driving.

Administrative Drivers License Suspension

2011-04-07T06:27:00.000-04:00

Your Driver's License Can be Suspended Before You Even Go To Court For Your DUI?

IMPORTANT NEW LAW!
The 2010 Legislature Has Implemented A New Filing Fee For An Administrative Law Hearing On DUI Cases.

Until recently there was no fee for a Administrative hearings on a DUI case. Effective May 13, 2010 the law requires a $150.00 filing fee.

THE IMPLIED CONSENT NOTICE
AND TESTING

If you are arrested for DUI, the arresting officer should read an Georgia Implied Consent Notice at the time of the arrest and request that you take one or more of the following State administered chemical test:

(1)Breath tests - performed on the Intoxilyzer 5000 ® (sometimes called a Breathalyzer ®).

(2) Blood test- a sample of your blood is drawn by a qualified person and sent to the state crime lab to test the alcohol level in your blood.

(3)Urine test- a sample of you urine is taken,and sent to the crime lab, usually for drug testing, not alcohol testing.

THE 10 DAY RULE

If you refuse to take the requested State administered chemical test, or if you take the test and your blood alcohol level amounts to a "per se" violation,* the officer is required by law to submit a sworn report to the Department of Public Safety to initiate an administrative license suspension and give you a Form DDS-1205 notice.. This suspension is different from any criminal hearing (plea or trial).

* 0.08 grams for cases made on or after July 1, 2001 if you are age 21 or over, 0.02 if you are under 21, and 0.04 if you were operating a commercial vehicle

At this point you have ten business days to request an administrative law hearing. Do not count weekends, state holidays, or the day you were arrested. If you do not request the hearing within the ten business days, then the following penalties apply:

PENALTIES FOR REFUSING

If the arresting officer initiates a refusal suspension, and if you do not request a hearing in a timely manner, then on the 31st day after your arrest, your driver's license will be suspended for one to five years, depending upon your record.

No limited permit is allowed, even if this is your first ever DUI charge. The same penalty applies if you request a hearing in a timely manner but lose at the administrative hearing. The only way the suspension can be undone is if you have a trial and win or if you plead to a lesser charge that is not a DUI.

PENALTIES FOR ADMINISTRATIVE LICENSE SUSPENSION

First Offense

First offense within five years-on the 31st day after your arrest, your driver's license will be suspended for one year. However, you may obtain a 30-day work permit. You must obtain the 30-day work permit from the main DMVS office in Conyers, GA.

After this permit expires, you can receive early reinstatement of your driver's license if you complete DUI school and pay the appropriate reinstatement fee of $200.00 via mail or $210.00 if you apply in person.

The same penalty applies if you request a hearing in a timely manner but lose at the administrative hearing.

Second Offense

For a second offense within five years- your license is suspended for three years. No work permit is allowed. The same penalty applies if you request a hearing in a timely manner but lose at the administrative hearing.

Third Offense

For a third offense within five years-your license is suspended for five years. No work permit is allowed. The same penalty applies if you request a hearing in a timely manner but lose at the administrative hearing.

CREDIT FOR AN
ADMINISTRATIVE SUSPENSION

If you receive an administrative suspension because of a per se violation ( meaning you failed the test) all of that suspension time will be credited against any license suspension you receive if you are convicted or plead guilty to your DUI charge.

But, if you receive an administrative suspension because you refused to take the state test you will receive no credit for that suspension time.

Always consult a DUI defense lawyer to request a hearing in a timely manner. Give yourself a fighting chance. If you do not request this hearing in a timely manner, your license will be automatically suspended and you still have to go to court on the DUI.

DUI Drugs

2011-04-04T06:39:00.000-04:00

In Georgia it is illegal to drive while under the influence of any drug, whether it is narcotic, illegal, or over the counter to the extent that it is less safe for the person to drive. Thus, whether you are under the influence of crack, prescription Xanax, or Nyquil, the penalties are the same.

Usually prescription drugs and over-the-counter medications which were legally obtained do not render a drive "less safe" unless the medication so indicate in their instructions/warnings, but if the officer suspects you have mixed the drug with alcohol he may charge you with DUI less safe. If an officer believes your medications have impaired your ability to drive, however, an arrest and prosecution is still possible for driving under the influence of them.

Prosecution of DUI drugs in general are more difficult than DUI's involving alcohol, as breath tests cannot detect drug levels and even blood tests cannot always determine what particular drug may be in your system. Additionally, because most police officers are not adequately trained in drug detection, your entire DUI drugs case may rest on an unqualified officer's opinion of your supposed drug impairment. If you have been arrested for DUI drugs, contact an experienced attorney in your area for an evaluation of the defenses in your case.

The movement towards Drug Recognition Experts: Most DUI officers believe that as the years have gone by, the percentage of people impaired by drugs has risen significantly. This may be a result of America's love affair with prescription medication, or drugs such as meth which are cheap and easy to obtain.

Many police departments are getting more officers certified as Drug Recognition Experts (DRE). When a person is pulled over and suspected of drug impairment, a DRE officer, if available, will be called in to do a battery of drug recognition tests. Defense Attorneys often find that the DRE has not followed approved protocols in administering these tests and have them suppressed,leaving the prosecution with insufficient evidence to prove their case.

If you are accused of drug related DUI, or DUI with a combination of alcohol and drugs, contact a qualified local DUI lawyer to review your exposure and options.

Drug Courts Standards in Georgia

2011-03-31T06:17:00.003-04:00

Drug courts are being established in many counties throughout Georgia to stop the abuse of alcohol and other drugs and related criminal activity. Drug courts offer a defendant the opportunity to participate in a drug treatment program which upon successful completion the court may dismiss the original charge, reduce or set aside a sentence, offer some lesser penalty, or offer a combination of these.

In these programs the judge is the central figure in a team effort that focuses on sobriety and accountability as the primary goals. Because the judge takes on the role of trying to keep defendants engaged in treatment, the treatment providers can focus on developing a therapeutic relationship with the defendant.

Treatment providers keep the court informed of each participant's progress. Rewards and punishments are used to keep the defendant on tract to becoming drug and alcohol free.

Drug courts create an environment with clear and certain rules. The rules are definite, easy to understand, and compliance is within the defendants control.
The rules are based on the defendants performance and are measurable. For example,
the defendant either appears in court or does not, attends treatment sessions or does not;the drug tests reveal drug use or abstinence. The participant's performance is immediately and directly communicated to the judge, who rewards progress or penalizes noncompliance.

A drug court establishes an environment that the participant can
understand--a system in which clear choices are presented and individuals are encouraged to take control of their own recovery.

National Standards have been developed for the implementation and operation of drug court. These standards can be found at http://www.georgiacourts.org/aoc/publications/Georgia%20Drug%20Court%20Standards.pdf

Experienced criminal defense attorneys often get their clients involved in these programs as a alternative to trial or a plea.

Synthetic Marijuana Outlawed In Georgia

2011-03-28T06:04:00.002-04:00

In May 2010 Gov. Sonny Perdue signed a bill to outlaw K2, also known as synthetic marijuana.

The substance usually sold at local smoke shops became a subject of concern in March after two teens were hospitalized from smoking it. K2, also known as "spice," mimics the effects of the chemical in marijuana,THC.

Many other states and some cities are banning or debating bans on K2 out of fear that its popularity may be on the rise among young people.

HB 1309 in Georgia was sponsored by Rep. Jay Neal ( R-Lafayette ) and Sen. Ed Harbison ( D-Columbus ).

"K2 is a potent drug that can be difficult to detect," said Perdue. "Adding it to our state's banned substances list will protect Georgians' safety and health."

If you have been arrested for possession or use of this drug you should contact a experienced criminal defense attorney immediately. If you have some of this drug which you purchased prior to it being made illegal, get rid of it.

The Right To Remain Silent

2011-03-24T06:57:00.000-04:00

We have all heard on TV, or elsewhere, the phrase “You have the right to remain silent…”. This is not just a snazzy saying used in police dramas. This it is an important reminder of a Constitutional right that can be extremely beneficial if invoked. The right to remain silent derives from the Constitutional protection against self-incrimination afforded to criminal suspects in the fifth amendment. In its basic form, it is the right to refuse to say anything that may implicate yourself as being involved in criminal activity. The well known phrase quoted above is part of a standard Miranda warning that is typically given when a suspect is being arrested. The right to remain silent extends farther than that and can be invoked at routine traffic stops, or police questioning, or even in a court when called as a witness, if necessary.

A good example of how this right may be beneficial is shown where a man is pulled over for speeding, at which point the officers notices that the man seems nervous and that there is a strong odor of marijuana emanating from his truck. The police asks the man if he has anything illegal in the truck, he replies with “ No man, I threw my weed out the window before I stopped. You ain't got nothin on me.” Immediately a search is conducted along the side of the road and sure enough a bag of marijuana is found, putting an end to the suspense and giving the officers probable cause to arrest the man. Needless to say, there will be little trouble convicting the man on the charges based in part on his statement.

This is a situation in which the right to remain silent would have been invaluable. The simple fact is that you are not required to volunteer information to the police if you do not think the information will benefit you in some way or if you think the information will incriminate you. This is especially true if the information you intend to volunteer would provide the police with probable cause to search your vehicle and discover a significant amount of a controlled substance, paraphernalia, and some digital scales. Remaining silent in the right situations may help you avoid a arrest or search. Your defense attorney will have grounds to attack the search, should a search ensue that uncovers evidence of criminal activity.

Sex Crime Laws of Georgia.

2011-03-21T07:26:00.005-04:00

The following is the Sex Crime statutes in Georgia:

Official Code of Georgia, 1992 Edition, Title 16
16-6-1. Rape
16-6-2. Sodomy
16-6-3. Statutory rape
16-6-4. Child molestation
16-6-5. Enticing a child for indecent purposes
16-6-5.1. Sexual assault against persons in custody
16-6-6. Bestiality
16-6-7. Necrophilia
16-6-8. Public indecency
16-6-9. Prostitution
16-6-10. Keeping a place of prostitution
16-6-11. Pimping
16-6-12. Pandering
16-6-14. Pandering by compulsion
16-6-15. Solicitation of sodomy
16-6-16. Masturbation for hire
16-6-17. Giving massages in place used for lewdness
16-6-18. Fornication
16-6-19. Adultery
16-6-20. Bigamy
16-6-21. Marrying a bigamist
16-6-22. Incest
16-6-22.1. Sexual battery
16-6-22.2. Aggravated sexual battery
16-6-23. Publication of the name or identity of female raped
16-12-80. Distributing obscene materials
-------
16-6-1. Rape.
(a) A person commits the offense of rape when he has carnal knowledge of a female forcibly and against her will. Carnal knowledge in rape occurs when there is any penetration of the female sex organ by the male sex organ.
(b) A person convicted of the offense of rape shall be punished by death, by imprisonment for life, or by imprisonment for not less than ten nor more than 20 years. Any person convicted under this Code section shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7.
16-6-2. Sodomy; aggravated sodomy.
(a) A person commits the offense of sodomy when he performs or submits to any sexual act involving the sex organs of one person and the mouth or anus of another. A person commits the offense of aggravated sodomy when he commits sodomy with force and against the will of the other person.
(b) A person convicted of the offense of sodomy shall be punished by imprisonment for not less than one nor more than 20 years. A person convicted of the offense of aggravated sodomy shall be punished by imprisonment for life or by imprisonment for not less than ten nor more than 20 years. Any person convicted under this Code section of the offense of aggravated sodomy shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17- 10-7.
16-6-3. Statutory rape.
(a) A person commits the offense of statutory rape when he or she engages in sexual intercourse with any person under the age of 16 years and not his or her spouse, provided that no conviction shall be had for this offense on the unsupported testimony of the victim.
(b) A person convicted of the offense of statutory rape shall be punished by imprisonment for not less than one nor more than 20 years; provided, however, that if the victim is 14 or 15 years of age and the person so convicted is no more than three years older than the victim, such person may, in the discretion of the court, be punished as for a misdemeanor.
16-6-4. Child molestation; aggravated child molestation.
(a) A person commits the offense of child molestation when he or she does any immoral or indecent act to or in the presence of or with any child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person.
(b) A person convicted of a first offense of child molestation shall be punished by imprisonment for not less than five nor more than 20 years. Upon such first conviction of the offense of child molestation, the judge may probate the sentence; and such probation may be upon the special condition that the defendant undergo a mandatory period of counseling administered by a licensed psychiatrist or a licensed psychologist. However, if the judge finds that such probation should not be imposed, he or she shall sentence the defendant to imprisonment; provided, further, that upon a defendant's being incarcerated on a conviction for such first offense, the Department of Corrections shall provide counseling to such defendant. Upon a second or subsequent conviction of an offense of child molestation, the defendant shall be punished by imprisonment for not less than ten years nor more than 30 years or by imprisonment for life; provided, however, that prior to trial, a defendant shall be given notice, in writing, that the state intends to seek a punishment of life imprisonment. Adjudication of guilt or imposition of sentence for a conviction of a second or subsequent offense of child molestation, including a plea of nolo contendere, shall not be suspended, probated, deferred, or withheld.
(c) A person commits the offense of aggravated child molestation when such person commits an offense of child molestation which act physically injures the child or involves an act of sodomy.
(d) A person convicted of the offense of aggravated child molestation shall be punished by imprisonment for not less than ten nor more than 30 years. Any person convicted under this Code section of the offense of aggravated child molestation shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17- 10-7.
16-6-5. Enticing a child for indecent purposes.
(a) A person commits the offense of enticing a child for indecent purposes when he or she solicits, entices, or takes any child under the age of 16 years to any place whatsoever for the purpose of child molestation or indecent acts.
(b) A person convicted of the offense of enticing a child for indecent purposes shall be punished by imprisonment for not less than one nor more than 20 years. Upon a first conviction of the offense of enticing a child for indecent purposes, the judge may probate the sentence; and such probation may be upon the special condition that the defendant undergo a mandatory period of counseling administered by a licensed psychiatrist or a licensed psychologist. However, if the judge finds that such probation should not be imposed, he shall sentence the defendant to imprisonment. Upon a second or third conviction of such offense, the defendant shall be punished by imprisonment for not less than five years. For a fourth or subsequent conviction of the offense of enticing a child for indecent purposes, the defendant shall be punished by imprisonment for 20 years. Adjudication of guilt or imposition of sentence for a conviction of a third, fourth, or subsequent offense of enticing a child for indecent purposes, including a plea of nolo contendere, shall not be suspended, probated, deferred, or withheld.
16-6-5.1. Sexual assault against persons in custody; sexual assault against person detained or patient in hospital or other institution; sexual assault by practitioner of psychotherapy against patient. (a) As used in this Code section, the term:
1. "Actor" means a person accused of sexual assault.
2. "Intimate parts" means the genital area, groin, inner thighs, buttocks, or breasts of a person.
3. "Psychotherapy" means the professional treatment or counseling of a mental or emotional illness, symptom, or condition.
4. "Sexual contact" means any contact for the purpose of sexual gratification of the actor with the intimate parts of a person not married to the actor.
(b) A probation or parole officer or other custodian or supervisor of another person referred to in this Code section commits sexual assault when he engages in sexual contact with another person who is a a probationer or parolee under the supervision of said probation or parole officer or who is in the custody of law or who is enrolled in a school or who is detained in or is a patient in a hospital or other institution and such actor has supervisory or disciplinary authority over such other person. A person convicted of sexual assault shall be punished by imprisonment for not less than one nor more than three years.
(c) 1. A person commits sexual assault when such person has supervisory or disciplinary authority over another person and such person engages in sexual contact with that other person who is: In the custody of law; or
Detained in or is a patient in a hospital or other institution. 2. A person commits sexual assault when, as an actual or purported practitioner of psychotherapy, he or she engages in sexual contact with another person who the actor knew or should have known is the subject of the actor's actual or purported treatment or counseling, or, if the the treatment or counseling relationship was used to facilitate sexual contact between the actor and said person.
3. Consent of the victim shall not be a defense to a prosecution under this subsection.
4. A person convicted of the offense of sexual assault under this subsection shall be punished by imprisonment for not less than one nor more than three years.
16-6-6. Bestiality.
(a) A person commits the offense of bestiality when he performs or submits to any sexual act with an animal involving the sex organs of the one and the mouth, anus, penis, or vagina of the other.
(b)A person convicted of the offense of bestiality shall be punished by imprisonment for not less than one nor more than five years.
16-6-7. Necrophilia.
(a) A person commits the offense of necrophilia when he performs any sexual act with a dead human body involving the sex organs of the one and the mouth, anus, penis, or vagina of the other.
(b) A person convicted of the offense of necrophilia shall be punished by imprisonment for not less than one nor more than ten years.
16-6-8. Public indecency.
(a) A person commits the offense of public indecency when he or she performs any of the following acts in a public place.
1. An act of sexual intercourse;
2. A lewd exposure of the sexual organs;
3. A lewd appearance in a state of partial or complete nudity; or
4. A lewd caress or indecent fondling of the body of another person. (b) A person convicted of the offense of public indecency as provided in subsection (a) of this Code section shall be punished as for a misdemeanor. except as provided in subsection (c) of this Code section. (c) Upon a third or subsequent conviction for public indecency for the violation of paragraph (2), (3), or (4) of subsection (a) of this Code section, a person shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years.
16-6-9. Prostitution.
A person commits the offense of prostitution when he performs or offers or consents to perform an act of sexual intercourse for money. A person convicted of the offense of prostitution shall be punished as for a misdemeanor..
16-6-10. Keeping a place of prostitution.
A person having or exercising control over the use of any place or conveyance which would offer seclusion or shelter for the practice of prostitution commits the offense of keeping a place of prostitution when he knowingly grants or permits the use of such place for the purpose of prostitution.
A person convicted of the offense of keeping a place of prostitution shall be punished as for a misdemeanor of a high and aggravated nature..
16-6-11. Pimping.
A person commits the offense of pimping when he performs any of the following acts:
1. Offers or agrees to procure a prostitute for another;
2. Offers or agrees to arrange a meeting of persons for the ourpose of prostitution;
3. Directs another to a place knowing such direction is for the purpose of prostitution;
4. Receives money or other thing of value from a prostitute, without lawful consideration, knowing it was earned in whole or in part from prostitution; or
5. Aids or abets, counsels, or commands another in the commission of prostitution or aids or assists in prostitution where the proceeds or profits derived therefrom are to be divided on a pro rata basis. A person convicted of the offense of pimping shall be punished as for a misdemeanor of a high and aggravated nature.
16-6-12. Pandering.
A person commits the offense of pandering when he or she solicits a person to perform an act of prostitution or when he or she knowingly assembles persons at a fixed place for the purpose of being solicited by others to perform an act of prostitution.
A person convicted of the offense of pandering shall be punished as for a misdemeanor of a high and aggravated nature. A person convicted of the offense of pandering when such offense involves the solicitation of a person under the age of 17 years to perform an act of prostitution or the assembly of two or more persons under the age of 17 years at a fixed place for the purpose of being solicited by others to perform an act of prostitution shall be guilty of a felony and shall be fined not less than $1,000.00 nor more than $5,000.00 or shall be imprisoned for not less than one year nor more than five years, or both fined and imprisoned. Adjudication of guilt or imposition of a sentence for a conviction of a second or subsequent offense of pandering involving a person under the age of 17 years pursuant to this subsection, including a plea of nolo contendere shall not be suspended, probated, deferred, or withheld.
16-6-12. Pandering by compulsion.
A person commits the offense of pandering by compulsion when he by duress or coercion causes a female to perform an act of prostitution and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than ten years.
16-6-15. Solicitation of sodomy.
(a) A person commits the offense of solicitation of sodomy when he solicits another to perform or submit to an act of sodomy. Except as provided in subsection (b) of this Code section, a person convicted of solicitation of sodomy shall be punished as for a misdemeanor. (b) A person convicted of solicitation of sodomy when such offense involves the solicitation of a person under the age of 17 years to perform or submit to an act of sodomy for money shall be guilty of a felony and shall be fined not less than $1,000.00 nor more than $5,000.00 or shall be imprisoned for not less than one year nor more than five years, or both fined and imprisoned.
16-6-16. Masturbation for hire.
(a) A person, including a masseur or masseuse, commits the offense of masturbation for hire when he erotically stimulates the genital organs of another, whether resulting in orgasm or not, by manual or other bodily contact exclusive of sexual intercourse or by instrumental manipulation for money or the substantial equivalent thereof.
(b) A person convicted of the offense of masturbation for hire shall be guilty of a misdemeanor.
16-6-17. Giving massages in place used for lewdness, prostitution, assignation, or masturbation for hire.
(a) It shall be unlawful for any masseur or masseuse to massage any person in any building, structure, or place used for the purpose of lewdness, assignation, prostitution, or masturbation for hire.
(b) As used in this Code section, the term:
1. "Masseur" means a male who practices massage or physiotherapy, or both.
2. "Masseuse" means a female who practices massage or physiotherapy, or both.
(c) A person who violates this Code section shall be guilty of a misdemeanor.
16-6-18. Fornication.
An unmarried person commits the offense of fornication when he voluntarily has sexual intercourse with another person and, upon conviction thereof, shall be punished as for a misdemeanor.
16-6-19. Adultery.
A married person commits the offense of adultery when he voluntarily has sexual intercourse with a person other than his spouse and, upon conviction thereof, shall be punished as for a misdemeanor.
16-6-20. Bigamy.
(a) A person commits the offense of bigamy when he, being married and knowing that his lawful spouse is living, marries another person or carries on a bigamous cohabitation with another person.
(b) It shall be an affirmative defense that the prior spouse has been continually absent for a period of seven years, during which time the accused did not know the prior spouse to be alive, or that the accused reasonably believed he was eligible to remarry.
(c) A person convicted of the offense of bigamy shall be punished by imprisonment for not less than one nor more than ten years.
16-6-21. Marrying a bigamist.
(a) An unmarried man or woman commits the offense of marrying a bigamist when he marries a person whom he knows to be the wife or husband of another.
(b) It shall be an affirmative defense that the prior spouse of the bigamist has been continually absent for a period of seven years, during which time the accused did not know the prior spouse of the bigamist to be alive, or that the accused reasonably believed the bigamist was eligible to remarry.
(c) A person convicted of the offense of marrying a bigamist shall be punished by imprisonment for not less than one nor more than ten years.
16-6-22. Incest.
(a) A person commits the offense of incest when he engages in sexual intercourse with a person to whom he knows he is related either by blood or by marriage as follows:
1. Father and daughter or stepdaughter;
2. Mother and son or stepson;
3. Brother and sister or the whole blood or of the half blood;
4. Grandparent and grandchild;
5. Aunt and nephew; or
6. Uncle and niece.
(b) A person convicted of the offense of incest shall be punished by imprisonment for not less than one nor more than 20 years.
16-6-22.1. Sexual battery.
(a) For the purposes of this Code section, the term "intimate parts" means the primary genital area, anus, groin, inner thighs, or buttocks
of a male or female and the breasts of a female.
(b) A person commits the offense of sexual battery when he intentionally makes physical contact with the intimate parts of the body of another person without the consent of that person.
(c) A person convicted of the offense of sexual battery shall be punished as for a misdemeanor of a high and aggravated nature.
16-6-22.2. Aggravated sexual battery.
(a) For the purposes of this Code section, the term "foreign object" means any article or instrument other than the sexual organ of a person.
(b) A person commits the offense of aggravated sexual battery when he intentionally penetrates with a foreign object the sexual organ or anus of another person without the consent of that person.
(c) A person convicted of the offense of aggravated sexual battery shall be punished by imprisonment for not less than one nor more than 20 years.
16-6-23. Publication of the name or identity of female raped or assaulted with intent to commit rape.
(a) It shall be unlawful for any news media or any other person to print and publish, broadcast, televise, or disseminate through any other medium of public dissemination or cause to be printed or published, broadcast, televised, or disseminated in any newspaper, magazine, periodical, or other publication published in this state or through any radio or television broadcast originating in the state the name or identity of any female who may have been raped or upon whom an assault with intent to commit the offense of rape may have been made.
(b) This Code section does not apply to truthful information disclosed in public court documents open to public inspection.
(c) Any person or corporation violating this Code section shall be guilty of a misdemeanor.
16-12-80. Distributing obscene materials; obscene material defined; penalty.
A person commits the offense of distribution obscene materials when he sells, lens, rents, leases, gives, advertises, publishes, exhibits, or otherwise disseminates to any person any obscene material of any description, knowing the obscene nature thereof, or offers to do so, or possesses such material with the intent to do so, provided that the word "knowing," as used in this Code section, shall be deemed to be either actual or constructive knowledge of the obscene contents of the subject matter; and a person has constructive knowledge of the obscene contents if he has knowledge of facts which would put a reasonable and prudent person on notice as to the suspect nature of the material; provided, however, that the character and reputation of the individual charged with an offense under this law, and, if a commercial dissemination of obscene material is involved, the character and reputation of the business establishment involved may be placed into evidence by the defendant on the question of intent to violate this law. Undeveloped photographs, molds, printing plates, and the like shall be deemed obscene notwithstanding that the processing or other acts may be required to make the obscenity patent or to disseminate it.
Material is obscene if:
1. To the average person, applying contemporary community standards, taken as a whole, it predominantly appeals to the prurient interest, that is, a shameful or morbid interest in nudity, sex, or excretion;
2. The material taken as a whole lacks serious literary, artistic, political, or scientific value; and
3. The material depicts or describes, in a patently offensive way, sexual conduct specifically defined in subparagraphs 1-5 of this section:
1. Acts of sexual intercourse, heterosexual or homosexual, normal or perverted, actual or simulated;
2. Acts of masturbation;
3. Acts involving excretory functions or lewd exhibition of the genitals;
4. Acts of bestiality or the fondling of sex organs of animals; or
5. Sexual acts of flagellation, torture, or other violence indicating a sadomasochistic sexual relationship.
Additionally, any device designed or marketed as useful primarily for the stimulation of human genital organs is obscene material under this Code section.
Material not otherwise obscene may be obscene under this Code section if the distribution thereof, the offer to do so, or the possession with the intent to do so is a commercial exploitation of erotica solely for the sake of their prurient appeal.
It is an affirmative defense under this Code section that dissemination of the material was restricted to:
1. A person associated with an institution of higher learning, either as a member of the faculty or a matriculated student, teaching or pursuing a course of study related to such material; or
2. A person whose receipt of such material was authorized in writing by a licensed medical practitioner or psychiatrist. A person who commits the offense of distributing obscene material shall be guilty of a misdemeanor of a high and aggravated nature.
17-10-3. Punishment for misdemeanors generally.
Except as otherwise provided by law, every crime declared to be a misdemeanor shall be punished either:
1. By a fine not to exceed $1,000.00 or by confinement in the county or other jail, county correctional institution, or such other places as counties may provide for maintenance of county inmates, for a total term not to exceed 12 months, or both; or
2. By confinement under the jurusdiction of the Board of Corrections in a state or county correctional institution or such other institution as the Department of Corrections may direct, for a determinate term of months which shall be more than six months but shall not exceed a total term of 12 months.
Either the punishment proveded by paragraph (1) or (2), bubut not both, may be imposed in the discretion of the sentencing judge. Misdemeanor punishment imposed under either paragraph may be subject to suspension or probation, but the punishment provided in paragraph (2) shall not be subject to suspension or probation wholly or partially upon payment of a fine either directly or indirectly. The sentencing courts shall retain jurisdiction to amend, modify, alter, suspend, or probate sentences under paragraph (1) at any time, but in no instance shall any sentence under the paragraph be modified in a manner to place a county inmate under the jurisdiction of the Board of Corrections.
Any person adjudicated guilty of a misdemeanor for the first time, who was on the date that the misdemeanor was committed between the ages of 16 and 18 years old, shall be punished by a fine not to exceed $1,000.00 or confined exclusively under the jurisdiction of the Board of Corrections for a period not to exceed 12 months.
In all misdemeanor cases in which, upon conviction, a six-month sentence or less is imposed, it is within the authority and discretion of the sentencing judge to allow the sentence to be served on weekends by weekend confinement or during the nonworking hours of the defendant. A weekendshall commence and shall end at the discretion of the sentencing judge, and the nonworking hours of the defendant shall be determined in the discretion of the sentencing judge; provided, however, that the judge shall retain plenary control of the defendant at all times during the sentence period. A weekend term shall be counted as serving two days of the full sentence. Confinement during the nonworking hours of a defendant during any day may be counted as serving a full day of the sentence.
In addition to or instead of any other penalty provided for the punishment of a misdemeanorinvolving a traffic offense, or punishment of a municipal ordinance involving a traffic offense, with the exception of habitual offenders sentenced under Code Section 17-10-7, a judge may impose any one or more of the following sentences:
* Reexamination by the Department of Public Safety when the judge has good cause to believe that the convicted licensed driver is incompetent or otherwise not qualified to be licensed;
* Attendance at, and satisfactory completion of, a driver imporvement course meeting standards approved by the court;
* Within the limits of authority of the charter powers of a municipality or the punishment prescribed by law in other courts, imprisonment at times specified by the court or release from imprisonment under such conditions and at such times as may be specified; or
* Probation or suspension of all or any part of a penalty upon such terms and conditions as may be prescribed by the judge. The conditions may include driving with no further motor vehicle violations diring a specified time unless the driving privileges have been or will be otherwise suspended or revoked by law; reporting periodically to the court or specified agency; and performing, or refraining from performing, such acts as may be ordered by the judge. Any sentence imposed under the above section shall be reported to the Department of Public Safety as prescribed by law.
17-10-4. Punishment for misdemeanors of a high and aggravated nature. A person who is convicted of a misdemeanor of a high and aggravated nature shall be punished by a fine not to exceed $5,000.00 or by confinement in the county or other jail, county correctional institution, or such other places as counties may provide for maintenance of county inmates, for a term not to exceed 12 months, or both. In all cases of a conviction of a misdemeanor of a high and aggravated nature, the sentencing court shall retain jurisdiction to amend, modify, alter, suspend, or probate sentences imposed under this Code section at any time; but in no instance shall a sentence under this Code section be modified in such a manner as to place a county inmate under the jurisdiction of the Board of Corrections.
Notwithstanding any laws to the contrary, a person sentenced for a misdemeanor of a high and aggravated nature shall be entitled to only four days per month earned time allowance.

Georgia Sexual Offender Registry Statute

2011-03-17T06:43:00.000-04:00

The following is the Georgia Sexual Offender Registry Statute as it stands at the time of this posting. It may change in the future as the legislature is prone to modify it each legislative session.

42-1-12. State Sexual Offender Registry.
Statute text
(a) As used in this article, the term:

(1) "Address" means the street or route address of the sexual offender's residence. For purposes of this Code section, the term does not mean a post office box, and homeless does not constitute an address.
(2) "Appropriate official" means:
(A) With respect to a sexual offender who is sentenced to probation without any sentence of incarceration in the state prison system or who is sentenced pursuant to Article 3 of Chapter 8 of this title, relating to first offenders, the Division of Probation of the Department of Corrections;
(B) With respect to a sexual offender who is sentenced to a period of incarceration in a prison under the jurisdiction of the Department of Corrections and who is subsequently released from prison or placed on probation, the commissioner of corrections or his or her designee;
(C) With respect to a sexual offender who is placed on parole, the chairperson of the State Board of Pardons and Paroles or his or her designee; and
(D) With respect to a sexual offender who is placed on probation through a private probation agency, the director of the private probation agency or his or her designee.
(3) "Area where minors congregate" shall include all public and private parks and recreation facilities, playgrounds, skating rinks, neighborhood centers, gymnasiums, school bus stops, and public and community swimming pools.
(4) "Assessment criteria" means the tests that the board members use to determine the likelihood that a sexual offender will commit another criminal offense against a victim who is a minor or commit a dangerous sexual offense.
(5) "Board" means the Sexual Offender Registration Review Board.
(6) "Child care facility" means all public and private pre-kindergarten facilities, day-care centers, child care learning centers, preschool facilities, and long-term care facilities for children.
(7) "Church" means a place of public religious worship.
(8) "Conviction" includes a final judgment of conviction entered upon a verdict or finding of guilty of a crime, a plea of guilty, or a plea of nolo contendere. A defendant who is discharged without adjudication of guilt and who is not considered to have a criminal conviction pursuant to Article 3 of Chapter 8 of this title, relating to first offenders, shall be subject to the registration requirements of this Code section for the period of time prior to the defendant's discharge after completion of his or her sentence or upon the defendant being adjudicated guilty. Unless otherwise required by federal law, a defendant who is discharged without adjudication of guilt and who is not considered to have a criminal conviction pursuant to Article 3 of Chapter 8 of this title, relating to first offenders, shall not be subject to the registration requirements of this Code section upon the defendant's discharge.
(9)
(A) "Criminal offense against a victim who is a minor" with respect to convictions occurring on or before June 30, 2001, means any criminal offense under Title 16 or any offense under federal law or the laws of another state or territory of the United States which consists of:
(i) Kidnapping of a minor, except by a parent;
(ii) False imprisonment of a minor, except by a parent;
(iii) Criminal sexual conduct toward a minor;
(iv) Solicitation of a minor to engage in sexual conduct;
(v) Use of a minor in a sexual performance;
(vi) Solicitation of a minor to practice prostitution; or
(vii) Any conviction resulting from an underlying sexual offense against a victim who is a minor.
(B) "Criminal offense against a victim who is a minor" with respect to convictions occurring after June 30, 2001, means any criminal offense under Title 16 or any offense under federal law or the laws of another state or territory of the United States which consists of:
(i) Kidnapping of a minor, except by a parent;
(ii) False imprisonment of a minor, except by a parent;
(iii) Criminal sexual conduct toward a minor;
(iv) Solicitation of a minor to engage in sexual conduct;
(v) Use of a minor in a sexual performance;
(vi) Solicitation of a minor to practice prostitution;
(vii) Use of a minor to engage in any sexually explicit conduct to produce any visual medium depicting such conduct;
(viii) Creating, publishing, selling, distributing, or possessing any material depicting a minor or a portion of a minor's body engaged in sexually explicit conduct;
(ix) 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;
(x) Conspiracy to transport, ship, receive, or distribute visual depictions of minors engaged in sexually explicit conduct; or
(xi) Any conduct which, by its nature, is a sexual offense against a minor.
(C) For purposes of subparagraph (a)(9)(B) of this Code section, conduct which is punished as for a misdemeanor or which is prosecuted in juvenile court shall not be considered a criminal offense against a victim who is a minor.
(10)
(A) "Dangerous sexual offense" with respect to convictions occurring after June 30, 2006, means any criminal offense under Title 16 as specified in this paragraph or any offense under federal law or the laws of another state or territory of the United States which consists of the same or similar elements of the following offenses:
(i) Aggravated assault with the intent to rape in violation of Code Section 16-5-2;
(ii) Kidnapping in violation of Code Section 16-5-40 which involves a victim who is less than 14 years of age, except by a parent;
(iii) False imprisonment in violation of Code Section 16-5-41 which involves a victim who is less than 14 years of age, except by a parent;
(iv) Rape in violation of Code Section 16-6-1;
(v) Sodomy in violation of Code Section 16-6-2;
(vi) Aggravated sodomy in violation of Code Section 16-6-2;
(vii) Statutory rape in violation of Code Section 16-6-3, if the individual convicted of the offense is 21 years of age or older;
(viii) Child molestation in violation of Code Section 16-6-4;
(ix) Aggravated child molestation in violation of Code Section 16-6-4, unless the person was convicted of a misdemeanor offense;
(x) Enticing a child for indecent purposes in violation of Code Section 16-6-5;
(xi) Sexual assault against persons in custody in violation of Code Section 16-6-5.1;
(xii) Incest in violation of Code Section 16-6-22;
(xiii) A second conviction for sexual battery in violation of Code Section 16-6-22.1;
(xiv) Aggravated sexual battery in violation of Code Section 16-6-23;
(xv) Sexual exploitation of children in violation of Code Section 16-12-100;
(xvi) Electronically furnishing obscene material to minors in violation of Code Section 16-12-100.1;
(xvii) Computer pornography and child exploitation prevention in violation of Code Section 16-12-100.2;
(xviii) Obscene telephone contact in violation of Code Section 16-12-100.3; or
(xix) Any conduct which, by its nature, is a sexual offense against a minor or an attempt to commit a sexual offense against a minor.
(B) For purposes of this paragraph, conduct which is punished as for a misdemeanor or which is prosecuted in juvenile court shall not be considered a dangerous sexual offense.
(11) "Institution of higher education" means a private or public community college, state university, state college, or independent postsecondary institution.
(12) "Level I risk assessment classification" means the sexual offender is a low sex offense risk and low recidivism risk for future sexual offenses.
(13) "Level II risk assessment classification" means the sexual offender is an intermediate sex offense risk and intermediate recidivism risk for future sexual offenses and includes all sexual offenders who do not meet the criteria for classification either as a sexually dangerous predator or for Level I risk assessment.
(14) "Minor" means any individual under the age of 18 years and any individual that the sexual offender believed at the time of the offense was under the age of 18 years if such individual was the victim of an offense.
(15) "Public and community swimming pools" includes municipal, school, hotel, motel, or any pool to which access is granted in exchange for payment of a daily fee. The term includes apartment complex pools, country club pools, or subdivision pools which are open only to residents of the subdivision and their guests. This term does not include a private pool or hot tub serving a single-family dwelling and used only by the residents of the dwelling and their guests.
(16) "Required registration information" means:
(A) Name; social security number; age; race; sex; date of birth; height; weight; hair color, eye color, fingerprints; and photograph;
(B) Address of any permanent residence and address of any current temporary residence, within the state or out of state, and, if applicable in addition to the address, a rural route address and a post office box;
(C) If the place of residence is a motor vehicle or trailer, provide the vehicle identification number, the license tag number, and a description, including color scheme, of the motor vehicle or trailer;
(D) If the place of residence is a mobile home, provide the mobile home location permit number; the name and address of the owner of the home; a description, including the color scheme of the mobile home; and, if applicable, a description of where the mobile home is located on the property;
(E) If the place of residence is a manufactured home, provide the name and address of the owner of the home; a description, including the color scheme of the manufactured home; and, if applicable, a description of where the manufactured home is located on the property;
(F) If the place of residence is a vessel, live-aboard vessel, or houseboat, provide the hull identification number; the manufacturer's serial number; the name of the vessel, live-aboard vessel, or houseboat; the registration number; and a description, including color scheme, of the vessel, live-aboard vessel, or houseboat;
(G) Date of employment, place of any employment, and address of employer;
(H) Place of vocation and address of the place of vocation;
(I) Vehicle make, model, color, and license tag number;
(J) If enrolled, employed, or carrying on a vocation at an institution of higher education in this state, the name, address, and county of each institution, including each campus attended, and enrollment or employment status; and
(K) The name of the crime or crimes for which the sexual offender is registering and the date released from prison or placed on probation, parole, or supervised release.
(17) "Risk assessment classification" means the notification level into which a sexual offender is placed based on the board's assessment.
(18) "School" means all public and private kindergarten, elementary, and secondary schools.
(19) "School bus stop" means a school bus stop as designated by local school boards of education or by a private school.
(20) "Sexual offender" means any individual:
(A) Who has been convicted of a criminal offense against a victim who is a minor or any dangerous sexual offense; or
(B) Who has been convicted under the laws of another state or territory, under the laws of the United States, under the Uniform Code of Military Justice, or in a tribal court of a criminal offense against a victim who is a minor or a dangerous sexual offense.
(21) "Sexually dangerous predator" means a sexual offender:
(A) Who was designated as a sexually violent predator between July 1, 1996, and June 30, 2006; or
(B) Who is determined by the Sexual Offender Registration Review Board to be at risk of perpetrating any future dangerous sexual offense.
(22) "Vocation" means any full-time, part-time, or volunteer employment with or without compensation exceeding 14 consecutive days or for an aggregate period of time exceeding 30 days during any calendar year.

(b) Before a sexual offender who is required to register under this Code section is released from prison or placed on parole, supervised release, or probation, the appropriate official shall:

(1) Inform the sexual offender of the obligation to register, the amount of the registration fee, and how to maintain registration;
(2) Obtain the information necessary for the required registration information;
(3) Inform the sexual offender that, if the sexual offender changes any of the required registration information, other than residence address, the sexual offender shall give the new information to the sheriff of the county with whom the sexual offender is registered within 72 hours of the change of information; if the information is the sexual offender's new residence address, the sexual offender shall give the information to the sheriff of the county with whom the sexual offender last registered within 72 hours prior to moving and to the sheriff of the county to which the sexual offender is moving within 72 hours after the change of information;
(4) Inform the sexual offender that he or she shall also register in any state where he or she is employed, carries on a vocation, or is a student;
(5) Inform the sexual offender that, if he or she changes residence to another state, the sexual offender shall register the new address with the sheriff of the county with whom the sexual offender last registered, and that the sexual offender shall also register with a designated law enforcement agency in the new state within 72 hours after establishing residence in the new state;
(6) Obtain fingerprints and a current photograph of the sexual offender;
(7) Require the sexual offender to read and sign a form stating that the obligations of the sexual offender have been explained;
(8) Obtain and forward any information obtained from the clerk of court pursuant to Code Section 42-5-50 to the sheriff's office of the county in which the sexual offender will reside; and
(9) If required by Code Section 42-1-14, place any required electronic monitoring system on the sexually dangerous predator and explain its operation and cost.

(1) Forward to the Georgia Bureau of Investigation a copy of the form stating that the obligations of the sexual offender have been explained;
(2) Forward any required registration information to the Georgia Bureau of Investigation;
(3) Forward the sexual offender's fingerprints and photograph to the sheriff's office of the county where the sexual offender is going to reside;
(4) Inform the board and the prosecuting attorney for the jurisdiction in which a sexual offender was convicted of the impending release of a sexual offender at least eight months prior to such release so as to facilitate compliance with Code Section 42-1-14; and
(5) Keep all records of sexual offenders in a secure facility until official proof of death of a registered sexual offender and thereafter the records shall be destroyed in accordance with Code Sections 15-1-10, 15-6-62, and 15-6-62.1.

(d) No sexual offender shall be released from prison or placed on parole, supervised release, or probation until:

(1) The appropriate official has provided the Georgia Bureau of Investigation and the sheriff's office in the county where the sexual offender will be residing with the sexual offender's required registration information and risk assessment classification level; and
(2) The sexual offender's name has been added to the list of sexual offenders maintained by the Georgia Bureau of Investigation and the sheriff's office as required by this Code section.

(e) Registration pursuant to this Code section shall be required by any individual who:

(1) Is convicted on or after July 1, 1996, of a criminal offense against a victim who is a minor;
(2) Is convicted on or after July 1, 2006, of a dangerous sexual offense;
(3) Has previously been convicted of a criminal offense against a minor and may be released from prison or placed on parole, supervised release, or probation on or after July 1, 1996;
(4) Has previously been convicted of a sexually violent offense and may be released from prison or placed on parole, supervised release, or probation;
(5) Is a resident of Georgia who intends to reside in this state and who is convicted under the laws of another state or the United States, under the Uniform Code of Military Justice, or in a tribal court of a sexually violent offense, a criminal offense against a victim who is a minor on or after July 1, 1999, or a dangerous sexual offense on or after July 1, 2006;
(6) Is a nonresident sexual offender who changes residence from another state or territory of the United States to Georgia who is required to register as a sexual offender under federal law, military law, tribal law, or the laws of another state or territory, regardless of when the conviction occurred;
(7) Is a nonresident sexual offender who enters this state for the purpose of employment or any other reason for a period exceeding 14 consecutive days or for an aggregate period of time exceeding 30 days during any calendar year regardless of whether such sexual offender is required to register under federal law, military law, tribal law, or the laws of another state or territory; or
(8) Is a nonresident sexual offender who enters this state for the purpose of attending school as a full-time or part-time student regardless of whether such sexual offender is required to register under federal law, military law, tribal law, or the laws of another state or territory.

(f) Any sexual offender required to register under this Code section shall:

(1) Provide the required registration information to the appropriate official before being released from prison or placed on parole, supervised release, or probation;
(2) Register with the sheriff of the county in which the sexual offender resides within 72 hours after the sexual offender's release from prison or placement on parole, supervised release, probation, or entry into this state;
(3) Maintain the required registration information with the sheriff of the county in which the sexual offender resides;
(4) Renew the required registration information with the sheriff of the county in which the sexual offender resides by reporting to the sheriff within 72 hours prior to such offender's birthday each year to be photographed and fingerprinted;
(5) Update the required registration information with the sheriff of the county in which the sexual offender resides within 72 hours of any change to the required registration information, other than residence address; if the information is the sexual offender's new residence address, the sexual offender shall give the information to the sheriff of the county with whom the sexual offender last registered within 72 hours prior to any change of residence address and to the sheriff of the county to which the sexual offender is moving within 72 hours after establishing the new residence;
(6) If convicted of a dangerous sexual offense on or after July 1, 2006, pay to the sheriff of the county where the sexual offender resides an annual registration fee of $250.00 upon each anniversary of such registration; and
(7) Continue to comply with the registration requirements of this Code section for the entire life of the sexual offender, including ensuing periods of incarceration.

(g)

(1) Any sexual offender required to register under this Code section who meets the criteria set forth in paragraph (2) of this Code section may petition the superior court of the jurisdiction in which the sexual offender is registered to be released from the registration requirements of this Code section. The court may issue an order releasing the sexual offender from further registration if the court finds that the sexual offender does not pose a substantial risk of perpetrating any future dangerous sexual offense.
(2) In order to petition the court pursuant to paragraph (1) of this subsection, the sexual offender shall:
(A) Have been sentenced pursuant to subsection (c) of Code Section 17-10-6.2; and
(B) Have had ten years elapse since his or her release from prison, parole, supervised release, or probation.

(h)

(1) The appropriate official or sheriff shall, within 72 hours after receipt of the required registration information, forward such information to the Georgia Bureau of Investigation. Once the data is entered into the Criminal Justice Information System by the appropriate official or sheriff, the Georgia Crime Information Center shall notify the sheriff of the sexual offender's county of residence, either permanent or temporary, the sheriff of the county of employment, and the sheriff of the county where the sexual offender attends an institution of higher education within 24 hours of entering the data or any change to the data.
(2) The Georgia Bureau of Investigation shall:
(A) Transmit all information, including the conviction data and fingerprints, to the Federal Bureau of Investigation within 24 hours of entering the data;
(B) Establish operating policies and procedures concerning record ownership, quality, verification, modification, and cancellation; and
(C) Perform mail out and verification duties as follows:
(i) Send each month Criminal Justice Information System network messages to sheriffs listing sexual offenders due for verification;
(ii) Create a photo image file from original entries and provide such entries to sheriffs to assist in sexual offender identification and verification;
(iii) Mail a nonforwardable verification form to the last reported address of the sexual offender within ten days prior to the sexual offender's birthday;
(iv) If the sexual offender changes residence to another state, notify the law enforcement agency with which the sexual offender shall register in the new state; and
(v) Maintain records required under this Code section.

(i) The sheriff's office in each county shall:

(1) Prepare and maintain a list of all sexual offenders and sexually dangerous predators residing in each county. Such list shall include the sexual offender's name; age; physical description; address; crime of conviction, including conviction date and the jurisdiction of the conviction; photograph; and the risk assessment classification level provided by the board, and an explanation of how the board classifies sexual offenders and sexually dangerous predators;
(2) Electronically submit and update all information provided by the sexual offender within two working days to the Georgia Bureau of Investigation in a manner prescribed by the Georgia Bureau of Investigation;
(3) Maintain and post a list of every sexual offender residing in each county:
(A) In the sheriff's office;
(B) In any county administrative building;
(C) In the main administrative building for any municipal corporation;
(D) In the office of the clerk of the superior court so that such list is available to the public; and
(E) On a website maintained by the sheriff of the county for the posting of general information;
(4) Update the public notices required by paragraph (3) of this Code section within two working days;
(5) Inform the public of the presence of sexual offenders in each community;
(6) Update the list of sexual offenders residing in the county upon receipt of new information affecting the residence address of a sexual offender or upon the registration of a sexual offender moving into the county by virtue of release from prison, relocation from another county, conviction in another state, federal court, military tribunal, or tribal court. Such list, and any additions to such list, shall be delivered, within 72 hours of updating the list of sexual offenders residing in the county, to all schools or institutions of higher education located in the county;
(7) Within 72 hours of the receipt of changed required registration information, notify the Georgia Bureau of Investigation through the Criminal Justice Information System of each change of information;
(8) Retain the verification form stating that the sexual offender still resides at the address last reported;
(9) Enforce the criminal provisions of this Code section. The sheriff may request the assistance of the Georgia Bureau of Investigation to enforce the provisions of this Code section;
(10) Cooperate and communicate with other sheriffs' offices in this state and in the United States to maintain current data on the location of sexual offenders;
(11) Determine the appropriate time of day for reporting by sexual offenders, which shall be consistent with the reporting requirements of this Code section;
(12) If required by Code Section 42-1-14, place any electronic monitoring system on the sexually dangerous predator and explain its operation and cost;
(13) Provide current information on names and addresses of all registered sexual offenders to campus police with jurisdiction for the campus of an institution of higher education if the campus is within the sheriff's jurisdiction; and
(14) Collect the annual $250.00 registration fee from the sexual offender and transmit such fees to the state for deposit into the general fund.

(j)

(1) The sheriff of the county where the sexual offender resides or last registered shall be the primary law enforcement official charged with communicating the whereabouts of the sexual offender and any changes in required registration information to the sheriff's office of the county or counties where the sexual offender is employed, volunteers, attends an institution of higher education, or moves.
(2) The sheriff's office may post the list of sexual offenders in any public building in addition to those locations enumerated in subsection (h) of this Code section.

(k) The Georgia Crime Information Center shall create the Criminal Justice Information System network transaction screens by which appropriate officials shall enter original data required by this Code section. Screens shall also be created for sheriffs' offices for the entry of record confirmation data; employment; changes of residence, institutions of higher education, or employment; or other pertinent data to assist in sexual offender identification.

(l)

(1) On at least an annual basis, the Department of Education shall obtain from the Georgia Bureau of Investigation a complete list of the names and addresses of all registered sexual offenders and shall send such list, accompanied by a hold harmless provision, to each school in this state. In addition, the Department of Education shall provide information to each school in this state on accessing and retrieving from the Georgia Bureau of Investigation's website a list of the names and addresses of all registered sexual offenders.
(2) On at least an annual basis, the Department of Early Care and Learning shall provide current information to all child care programs regulated pursuant to Code Section 20-1A-10 and to all child care learning centers, day-care, group day-care, and family day-care programs regulated pursuant to Code Section 49-5-12 on accessing and retrieving from the Georgia Bureau of Investigation's website a list of the names and addresses of all registered sexual offenders and shall include, on a continuing basis, such information with each application for licensure, commissioning, or registration for early care and education programs.
(3) On at least an annual basis, the Department of Human Resources shall provide current information to all long-term care facilities for children on accessing and retrieving from the Georgia Bureau of Investigation's website a list of the names and addresses of all registered sexual offenders.

(m) Within ten days of the filing of a defendant's discharge and exoneration of guilt pursuant to Article 3 of Chapter 8 of this title, the clerk of court shall transmit the order of discharge and exoneration to the Georgia Bureau of Investigation and any sheriff maintaining records required under this Code section.

(n) Any individual who:

(1) Is required to register under this Code section and who fails to comply with the requirements of this Code section;
(2) Provides false information; or
(3) Fails to respond directly to the sheriff within 72 hours of such individual's birthday shall be guilty of a felony and shall be punished by imprisonment for not less than ten nor more than 30 years; provided, however, that upon the conviction of the second offense under this subsection, the defendant shall be punished by imprisonment for life.

(o) The information collected pursuant to this Code section shall be treated as private data except that:

(1) Such information may be disclosed to law enforcement agencies for law enforcement purposes;
(2) Such information may be disclosed to government agencies conducting confidential background checks; and
(3) The Georgia Bureau of Investigation or any sheriff maintaining records required under this Code section shall, in addition to the requirements of this Code section to inform the public of the presence of sexual offenders in each community, release such other relevant information collected under this Code section that is necessary to protect the public concerning sexual offenders required to register under this Code section, except that the identity of a victim of an offense that requires registration under this Code section shall not be released.

(p) The Board of Public Safety is authorized to promulgate rules and regulations necessary for the Georgia Bureau of Investigation and the Georgia Crime Information Center to implement and carry out the provisions of this Code section.
(q) Law enforcement agencies, employees of law enforcement agencies, and state officials shall be immune from liability for good faith conduct under this article.

What Do You Do If Accused Of A Sex Crime.

2011-03-14T07:39:00.001-04:00

     If you have been accused or are under investigation for a sex crime contact a Criminal Defense Attorney IMMEDIATELY!!! We know you are outraged that anyone could believe that you could have done such a thing, particularly if the accusation involves children. You question why the authorities don't look at the evidence objectively, and you want to tell them your side of the story. Family members and close friends may have shied away from you. You are hoping that someone will put an end to this insanity. You believe the investigation by law enforcement will be conducted to clear rather that convict you. You feel frightened, frustrated and alone.

     You must understand this: The powers of the government, with all of their vast resources, are lined up against you. The goal of the police and the prosecution is to convict you and to send you to prison. Your freedom and future life are at stake.

     Your most effective defense is an early defense. Obtaining the services of an experienced sex crimes defense attorney before you are arrested is the best way to avoid an arrest in the first place. It is much easier to defend yourself at this stage than to wait until a prosecution has been initiated against you.

     You are not equipped to face this process alone. If you try to handle this situation without competent legal representation, the results will be disastrous for you. If there is even a whisper that you could be facing a criminal investigation for a sex related crime, you should not take a single step without advice from your lawyer. Act immediately to protect your rights and minimize the chance of being arrested.

     What you say, with whom you speak and what you do (or don't do) right now can have a huge effect on your future. We have seen the serious consequences suffered by innocent people who were lured into saying the wrong thing to the wrong person. Do not speak to or trust anyone other than your defense attorney.Until you have been arrested, your have no rights against self-incrimination. Anything that you say and do can be used against you without your knowledge. You do not even have the right to know whether you are the subject of a criminal investigation or what the charges may be.

     Law enforcement will try to get you to talk to them by telling you that you are not a suspect, they are just trying to clear things up, or my favorite, things will go much easier for you if you just tell them your side if the story. Do not fall for this TRICK. Demand an attorney!!!

2010 Revisions To The Georgia Sex Offender Law

2011-03-10T09:26:00.000-05:00

The following article was written by The Law Offices of the Southern Center for Human Rights and is published here with their express consent. We thank them for their excellent work in explaining this change in the law.

2010 REVISIONS TO GEORGIA SEX OFFENDER LAW:
A SUMMARY OF KEY PROVISIONS OF HB 571 FOR
MEMBERS OF THE WHITAKER V. PERDUE CLASS
HB 571 makes significant changes to Georgia law governing persons
on the sex offender registry. Some key changes are described below.
If you have questions about how the new law applies to you, we
encourage you to check with your local sheriff’s office or with your
parole or probation officer. We also encourage you to read the text
of the new law at:
http://www.legis.state.ga.us/legis/2009_10/sum/hb571.htm.
Please note that this handout applies to persons designated as “sex
offenders.” Different rules apply to persons designated as “sexual
predators.” HB 571 became effective on May 21, 2010.
I. RESIDENCE/EMPLOYMENT RESTRICTIONS
Under the new law, the residence and employment restrictions that
were in effect at the time of your offense will apply to you. In other
words, different restrictions will apply to different people
depending on the date on which the offense (that caused you to
have to register) occurred. If you don’t know the date on which the
conduct occurred, you should consult the indictment and/or the
plea or trial transcript from your case.
A. If the offense that caused you to have to register occurred
on or after July 1, 2008:
1. You cannot live within 1,000 feet of a child care
facility, church, school, public park, private park,
recreation facility, playground, skating rink,
neighborhood center, gymnasium, school bus stop1,
public library, or public or community swimming
pool. See O.C.G.A. § 42-1-15(b).
2. You cannot be employed by or volunteer at any child
care facility, school or church, or by or at any business
or entity that is located within 1,000 feet of a child care
facility, a school, or a church. See O.C.G.A. § 42-1-
15(c)(1).
1 The school bus stop provision is still not being enforced anywhere in Georgia at this time. School
bus stops have only been “designated” for purposes of the sex offender law in Bulloch, Chatham, and
Columbia counties. Those counties have agreed to suspend enforcement of the school bus stop provision
until the federal court resolves Whitaker v. Perdue, the class action lawsuit challenging the 2006 residence
restrictions.
2
B. If the offense that caused you to have to register occurred between July 1, 2006
and June 30, 2008:
1. You cannot live within 1,000 feet of any child care facility, church, school,
public park, private park, recreation facility, playground, skating rink,
neighborhood center, gymnasium, school bus stop, or public or
community swimming pool. See O.C.G.A. § 42-1-16(b).
2. You cannot be employed by any child care facility, school, or church or by
or at any business or entity that is located within 1,000 feet of a child care
facility, a school, or a church. See O.C.G.A. § 42-1-16(c)(1).
C. If the offense that caused you to have to register occurred between June 4, 2003
and June 30, 2006:
1. You cannot live within 1,000 feet of any child care facility, school, public
park, private park, recreation facility, playground, skating rink,
neighborhood center, gymnasium, or “similar facilities providing
programs or services directed towards persons under 18 years of age.” See
O.C.G.A. § 42-1-17(b). “Child care facility” means all public and private
pre-kindergarten facilities, day-care centers, and preschool facilities. See
O.C.G.A. § 42-1-17(a)(2).
D. If the offense that caused you to have to register occurred before June 4, 2003:
1. The residence and employment restrictions in O.C.G.A. § 42-1-15, § 42-1-
16, and § 42-1-17 do not apply to you. If you are on probation or parole,
however, it is possible that your probation or parole officer may place
limitations on the locations where you can reside.
II. EXCEPTIONS TO RESIDENCE/EMPLOYMENT RESTRICTIONS
E. Owning/Leasing Property:
1. You will not be guilty of violating the residence restrictions in O.C.G.A. §
42-1-15, § 42-1-16, or § 42-1-17 if you: (a) own or lease real property, (b)
reside on such property, (c) can prove ownership/lease as required by the
statute, AND (d) a prohibited location thereafter locates itself within 1,000
feet of your property.
2. You will not be guilty of violating the residence restrictions in O.C.G.A. §
42-1-15, § 42-1-16, or § 42-1-17 if you: (a) own or lease real property, (b)
reside on the property, (c) established property ownership or leasehold
prior to July 1, 2008, (d) comply with the statutory provisions requiring
proof of ownership.
a. For purposes of providing proof of a leasehold, you must provide
a copy of the lease agreement.
3
b. Leasehold exemptions shall only be for the duration of the lease.
See O.C.G.A. § 42-1-15(f)(3). In other words, law enforcement
officials can make you leave once your lease term expires, if you
live within 1,000 feet of a prohibited location.
F. Employment Exceptions:
1. You will not be guilty of violating the employment restrictions in
O.C.G.A. § 42-1-15, § 42-1-16, or § 42-1-17 if you established employment
at a location and a child care facility, church, or school thereafter located
itself within 1,000 feet of such employment.
2. You will not be guilty of violating the employment provisions in O.C.G.A.
§ 42-1-15, § 42-1-16, or § 42-1-17 if you were employed within 1,000 feet of
a prohibited location, but had established such employment prior to July
1, 2008, and if you comply with the statutory requirements regarding
proof of your employment.
III. PETITIONING FOR RELEASE FROM REGISTRATION/ RESIDENCE/
EMPLOYMENT RESTRICTIONS
Pursuant to a new code section, O.C.G.A. § 42-1-19, certain people may petition a
superior court for release from registration requirements and from any residency or
employment restrictions under the following circumstances:
Incapacitated/Disabled Persons
The person completed all prison, parole, supervised release, and probation for the
offense which required registration AND the person:
(A) Is confined to a hospice facility, skilled nursing home, residential care facility
for the elderly, or nursing home;
(B) Is “totally and permanently disabled” as defined in O.C.G.A. § 49-4-80; or
(C) Is otherwise seriously physically incapacitated due to illness or injury.
“Romeo & Juliet” Cases
The person was sentenced for a crime that became punishable as a misdemeanor on or
after July 1, 2006, AND he/she meets the criteria in O.C.G.A. § 17-10-6.2 (c)(1)(A) -
(c)(1)(F) (see p. 4).
This section is likely to apply to a very small number of people. To give a few
examples, this section will apply to persons convicted of sodomy prior to July 1,
2006, if the victim was at least 13 but less than 16, and the person convicted of the
crime was 18 or younger and was no more than 4 years older than the victim.
This section will also apply to persons convicted of statutory rape prior to July 1,
4
2006, if the victim was at least 14 but less than 16, and the person convicted of
statutory rape was 18 or younger, and no more than 4 years older than the
victim.
Persons Convicted of Kidnapping or False Imprisonment Where the Offense or
Attempted Offense Was Not Sexual in Nature
The person must register as a sex offender solely because he or she was convicted of
kidnapping or false imprisonment involving a minor and such offense did not involve a
sexual offense against such minor or an attempt to commit a sexual offense against such
minor. The term “sexual offense” means any offense listed in O.C.G.A. § 42-1-12
(a)(10)(B)(i) or (a)(10)(B)(iv) - (a)(10)(B)(xix).
Other Persons Who May Petition for Release
Other persons may petition for release from the registration, residence, or employment
restrictions if they meet the requirements in paragraphs (a) and (b) AND either (c) or (d)
below:
a. The person completed all prison, parole, supervised release, and probation for
the offense which required registration;
AND
b. The person meets ALL of the following criteria (set forth in O.C.G.A. § 17-10-6.2
(c)(1)(A) - (c)(1)(F):
a. The person has no prior conviction of an offense prohibited by Chapter 6
of Title 16 or Part 2 of Article 3 of Chapter 12 of Title 16, nor a prior
conviction for any offense under federal law or the laws of another state or
territory of the United States which consists of the same or similar
elements of offenses prohibited by Chapter 6 of Title 16 or Part 2 of Article
3 of Chapter 12 of Title 16;
b. The person did not use a deadly weapon or any object, device, or
instrument which when used offensively against a person would be likely
to or actually did result in serious bodily injury during the commission of
the offense;
c. The court has not found evidence of a relevant similar transaction;
d. The victim did not suffer any intentional physical harm during the
commission of the offense;
e. The offense did not involve the transportation of the victim; and
f. The victim was not physically restrained during the commission of the
offense;
5
AND EITHER
c. Ten years have elapsed since the person completed all prison, parole, supervised
release, and probation for the offense which required registration;
OR
d. The person has been classified by the Sex Offender Review Board as a Level I risk
assessment classification, provided that if the Board has not done a risk
assessment classification for such individual, the court shall order such
classification to be completed prior to considering the petition for release.
Petitions for release must be filed in the superior court of the jurisdiction in which you
were convicted. If you were not convicted in Georgia, the petition must be filed in the
superior court of the county where you live. If your petition for release is denied, you
cannot file another one for two years from the date on which your petition was denied.
Please see O.C.G.A. § 42-1-19 for more about the petition process.
If you wish to, you may hire an attorney to assist you in petitioning for release from the
registration/residence/employment requirements. If you can afford an attorney, we
recommend that you hire one. There is no requirement, however, that you have an
attorney to file a petition. You can do it yourself. Please note that the Southern Center
for Human Rights cannot represent you in your petition for removal from the sex
offender registry. Nor can we find an attorney for you. If you are looking for an
attorney to assist you, you may go to the website of the Georgia Association of Criminal
Defense Lawyers (GACDL) at www.gacdl.org. You may click on “find an attorney.” If
you enter your town, you can find there a list of all local GACDL members.(The law firm of Daniels & Taylor, P.C. which publishes this blog can represent you in your petition for removal from the sex offender registry. Contact them at www.danielstaylor.com for assistance.)
IV. VOLUNTEERING AT CHURCH
The 2008 sex offender law criminalized religious activity by making it illegal and
punishable by 10-30 years in prison to “volunteer” at church. The 2008 law contained
no definition of the term “volunteer,” leading persons to wonder whether they would
be prosecuted for activities like singing in an adult church choirs or participating in
adult Bible study. Under the 2010 law, it is still illegal for certain persons on the
registry to “volunteer” at a church. (See Section I, above). HB 571, however, defines
what it means to “volunteer” as follows:
“Volunteer” means to engage in an activity in which one could be, and ordinarily
would be, employed for compensation, and which activity involves working
with, assisting, or being engaged in activities with minors; provided, however,
that such term shall not include participating in activities limited to persons who
are 18 years of age or older or participating in worship services or engaging in
6
religious activities or activities at a place of worship that do not include
supervising, teaching, directing, or otherwise participating with minors who are
not supervised by an adult who is not an individual required to register
pursuant to Code Section 42-1-12. See O.C.G.A. § 42-1-15(a)(4) (2010).
V. HOMELESS PERSONS ON THE SEX OFFENDER REGISTRY
The 2006 sex offender law made it illegal and punishable by 10-30 years in prison for a
person on the sex offender registry to be homeless. HB 571 changes the requirements
for homeless persons on the registry. Under HB 571, homeless persons must:
a. register in person with the sheriff of the county in which he/she sleeps within 72
hours after his/her release from prison or placement on parole, supervised
release, probation, or entry into this state;
b. provide the location where he/she sleeps;
c. Maintain the required registration information with the sheriff of each county in
which he/she sleeps;
d. Renew the required registration information with the sheriff of the county in
which he/she sleeps by reporting in person to the sheriff within 72 hours prior to
his/her birthday each year to be photographed and fingerprinted;
e. If the sexual offender is homeless and the information is his/her new sleeping
location, within 72 hours of changing sleeping locations, the sexual offender shall
give the information regarding his/her new sleeping location to the sheriff of the
county in which he/she last registered, and if the county has changed, to the
sheriff of the county to which he/she has moved. See O.C.G.A. § 42-1-12(f) (2.1-
5) (2010).
VI. USERNAMES/PASSWORDS
The 2010 sex offender law deletes the requirement that persons on the registry must
provide their “e-mail addresses, usernames, and user passwords” to law enforcement
officials as part of the required registration information.

Alco-Sensor Test

2011-03-08T11:05:00.000-05:00

If the police pull you over because they suspect you are driving while intoxicated, the police officer may ask you to submit to a breath-screening test, referred to as the Alco-Sensor Test. This test is simply a preliminary test that determines whether or not there is a presence of alcohol in your breath. It is not reliable enough to determine the concentration of alcohol in your blood. Because of their unreliability, Alco-Sensor Test results are not admissible at a trial. Instead, they are used to help establish probable cause for a Dui arrest.

This test is often used because the officer does not have the equipment (intoximeter 5000) needed to perform a chemical test of the alcohol content of your breath. In most cases once you have been arrested and taken to the precinct, you are asked to take a second test. This test is a chemical test of the breath, blood, or urine . These tests determine your blood alcohol level and determine whether or not you are over the legal level (.08). Chemical tests are much more reliable and accurate than the Alco-Sensor test and, therefore, they are admissible in court.

Remember, you have a right to refuse to take the Alco- Sensor or field sobriety tests, however this will probably result in you being arrested for Dui. Do not confuse this with the chemical tests of your breath, blood or urine which you must submit to or loose your license under the implied consent law.

Since many drivers are unaware of the difference between the “breath test” and the “chemical test”, they become confused when the police officer asks them if they would take the chemical test. As a result of their confusion, suspects may not take the chemical test because they believe they have already taken it. If you do not take the chemical test, it is seen as a refusal under the implied consent law and you will loose you license because of that refusal.

It is imperative to understand the difference between “breath tests” and “chemical tests” in order to make informed decisions as to whether or not taking the chemical test is in your best interest. You can not loose your license for refusing the Alco- Sensor Test but you can loose your license for refusing to take the chemical test (Intoximeter 5000 breath, blood or urine test). If you are not sure ask the officer to explain the test he is requesting as it relates to the implied consent law.

If you are arrested for DUI it is important that you contact a experienced criminal law attorney as soon as possible to protect your rights and save your license.