|HB 957 - Child molestation offenses; touching and not touching child|
First Reader Summary
A BILL to amend Code Section 16-6-4 of the Official Code of
Georgia Annotated, relating to the offenses of child molestation
and aggravated child molestation, so as to provide for a
distinction between offenses involving and not involving the
touching of the child; and for other purposes.
Page Numbers -
Code Sections -
||Read 1st Time
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HB 957 HB 957/FA
H. B. No. 957 (AM)
By: Representatives Tolbert of the 25th and Hecht of the
A BILL TO BE ENTITLED
1- 1 To amend Code Section 16-6-4 of the Official Code of Georgia
1- 2 Annotated, relating to the offenses of child molestation and
1- 3 aggravated child molestation, so as to provide for a
1- 4 distinction between offenses involving and not involving the
1- 5 touching of the child; to provide for increased penalties
1- 6 for offenses involving the touching of the child; to provide
1- 7 for an effective date and applicability; to repeal
1- 8 conflicting laws; and for other purposes.
1- 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
1-10 SECTION 1.
1-11 Code Section 16-6-4 of the Official Code of Georgia
1-12 Annotated, relating to the offenses of child molestation and
1-13 aggravated child molestation, is amended by striking said
1-14 Code section in its entirety and inserting in lieu thereof a
1-15 new Code Section 16-6-4 to read as follows:
1-17 (a) A person commits the offense of child molestation in
1-18 the first degree when he or she does any immoral or
1-19 indecent act involving the touching of the child under the
1-20 age of 16 years with the intent to arouse or satisfy the
1-21 sexual desires of either the child or the person.
1-22 (b) A person convicted of a first offense of child
1-23 molestation in the first degree shall be punished by
1-24 imprisonment for not less than seven nor more than 25
(a)(c) A person commits the offense of child molestation
1-27 in the second degree when he or she does any immoral or
1-28 indecent act not involving the touching of the child to or
1-29 in the presence of or with any child under the age of 16
1-30 years with the intent to arouse or satisfy the sexual
1-31 desires of either the child or the person.
1-32 (b)(d) A person convicted of a first offense of child
1-33 molestation in the second degree shall be punished by
2- 1 imprisonment for not less than five nor more than 20
2- 2 years.
2- 3 (e) Upon such a first conviction of the offense of child
2- 4 molestation in the first or second degree, the judge may
2- 5 probate the sentence; and such probation may be upon the
2- 6 special condition that the defendant undergo a mandatory
2- 7 period of counseling administered by a licensed
2- 8 psychiatrist or a licensed psychologist. However, if the
2- 9 judge finds that such probation should not be imposed, he
2-10 or she shall sentence the defendant to imprisonment;
2-11 provided, further, that upon a defendant's being
2-12 incarcerated on a conviction for such first offense, the
2-13 Department of Corrections shall provide counseling to such
2-14 defendant. Upon a second or subsequent conviction of an
2-15 offense of child molestation in the first or second
2-16 degree, the defendant shall be punished by imprisonment
2-17 for not less than ten years nor more than 30 years or by
2-18 imprisonment for life; provided, however, that prior to
2-19 trial, a defendant shall be given notice, in writing, that
2-20 the state intends to seek a punishment of life
2-21 imprisonment. Adjudication of guilt or imposition of
2-22 sentence for a conviction of a second or subsequent
2-23 offense of child molestation in the first or second
2-24 degree, including a plea of nolo contendere, shall not be
2-25 suspended, probated, deferred, or withheld.
2-26 (c)(f) A person commits the offense of aggravated child
2-27 molestation when such person commits an offense of child
2-28 molestation which act physically injures the child or
2-29 involves an act of sodomy.
2-30 (d)(g) A person convicted of the offense of aggravated
2-31 child molestation shall be punished by imprisonment for
2-32 not less than ten nor more than 30 years. Any person
2-33 convicted under this Code section of the offense of
2-34 aggravated child molestation shall, in addition, be
2-35 subject to the sentencing and punishment provisions of
2-36 Code Sections 17-10-6.1 and 17-10-7."
2-37 SECTION 2.
2-38 This Act shall become effective on July 1, 1997, and shall
2-39 be applicable to conduct occurring on or after that date.
2-40 SECTION 3.
2-41 All laws and parts of laws in conflict with this Act are
Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 04/28/98