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.

Tolbert, Scott (25th) Hecht, Greg K (97th)
Status Summary HC: SJudy SC: Judy LA: 02/24/98 S - Read 1st Time (FA )
Page Numbers - 1/ 2
Code Sections - 16-6-4
House Action Senate
3/11/97 Read 1st Time 2/24/98
3/13/97 Read 2nd Time
2/5/98* Favorably Reported
3/28/97 Recommitted
2/23/98 Read 3rd Time
2/23/98 Passed/Adopted
FA Comm/Floor Amend/Sub

HB 957                                              HB 957/FA 
 
      H. B. No. 957 (AM) 
      By:  Representatives Tolbert of the 25th and Hecht of the 
      97th 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  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: 
 
  1-16    "16-6-4. 
 
  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 
  1-25    years. 
 
  1-26    (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 
 
 
                                 -1- 
 
 
 
  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 
  2-42  repealed. 
 
 
 
                                 -2- 

Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 04/28/98

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