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Criminal Defense Blog

Mike v. State - Georgia Case Demonstrates How Exposing Oneself Can Lead to Child Molestation Charges

Posted by Ryan Brown | Jan 17, 2021 | 0 Comments

Child Molestation crimes oftentimes involve allegations of an adult making illegal sexual contact (an immoral or indecent act) with a child. It is true, however, that an act of child molestation can occur with no physical contact whatsoever. And, in these cases, the punishments remain the same. 

Mike v. State - Exposure Leads to Child Molestation Conviction in Georgia.  

Facts of the Case

The evidence, in this case, shows that Mike was inside of a Food Lion here in Georgia. The victim in the case was 15-years-old and also inside of the Food Lion. At some point, Mike exposed his penis to the child and moved his hand back in forth on his penis in the presence of the child. 

Additionally, prosecutors introduced evidence of Mike exposing himself to adult women a number of times. The jury convicted Mike of the crime, despite his claims that he simply forgot to zip his pants upon exiting the bathroom. 

The Law

The Child Molestation law in Georgia (O.C.G.A. § 16-6-4) criminalizes any immoral or indecent act done in the presence of a child if it is done to arouse the sexual desires of the person doing the act. For the first conviction of child molestation in Georgia you can receive up to twenty years in prison. For a second conviction, the punishment can be up to life in prison. Of course, a child molestation conviction carries a lifetime of sex offender registration as well. 

Takeaways from Mike v. State

There are a couple of key takeaways from Mike v. State:

  1. Physical contact is not required to be convicted of child molestation in Georgia. 
  2. Prosecutors were permitted to introduce into evidence numerous unrelated allegations against Mike to prove it was not an accident. 

Contact Us

If you have been accused of child molestation in Georgia, Contact Us.

About the Author

Ryan Brown

Ryan Brown has always hated bullies. Growing up, Ryan took on bullies, fighting for those who needed his help. His parents always told him, "Never start a fight, but always defend yourself." When a prosecutor brings charges against you, they have picked a legal fight. You must defend yourself. P...

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