The Georgia Sex Offender Registry is a database that is maintained by the Georgia Bureau of Investigation. (O.C.G.A. 42-1-12) While the Registry is useful for identifying the persons who are a continuing threat to minors, in many, many cases the Registry creates a lifelong stigma to persons who made a one time mistake, or were persons wrongly accused but were unwilling to take the risks of going to trial.
A “sexual offender” is defined in Georgia as any person who has been CONVICTED of a criminal offense against a victim who is a minor or any dangerous sexual offense. These offenses include many things, and are covered by the catchall phrase including “any conduct, which by its nature, is a sexual offense against a victim who is a minor.” This means that (on the low end of the scale) if you talk on the phone, chat on the internet, or even perform a sex act on yourself while looking at a minor, you can be classified a sex offender.
A “sexually dangerous predator” is defined in Georgia law as someone who was DESIGNATED as a sexually violent predator or is DETERMINED TO BE someone who is at risk of perpetrating any future dangerous sexual offenses. Criminal offenses where this is most likely to occur are offenses such as Rape, Aggravated Assault with Intent to Rape, Sodomy and Aggravated Sodomy. However, a “sexually dangerous predator” may have been convicted of a crime where the victim was a minor but other Defendants were not found to be “sexually dangerous predator(s).”
The point here is that while you may have not been determined to be a person who is at risk of perpetrating any future dangerous sexual offenses, you will be treated by the law as if you had committed a sexually dangerous offense. Worse yet, you will be assumed by the public to have committed the worst of the sexual crimes without the public knowing anything about your case or or about you.
LET US SIMPLIFY ALL THAT COMPLICATED TALK . . .
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Whether you were streaking through the park, and happened to be seen by a minor, or if you are convicted of luring a child into an unmarked van with a lollipop and sexually assaulting her (or him) for hours down by the river, the public will assume that you own that van, own lollipops, and that you took that child down to the river and did everything imaginable and unimaginable to the child.
Regarding the Police:
Regardless of the severity of your offense, you will be monitored closely by a probation officer, who may or may not treat you with some amount of respect. You will have to take detector tests, you will have to do drug and alcohol screens whenever the officer tells you to do so. You may be subject to jail time, if for even 1 night, you are not sleeping in the location that you have listed with the police as your residence.
AND THIS IS FOR THE REST OF YOUR LIFE.
Call or email me and let’s see if we can do something about getting you off of that list.
If you are currently being charged with a crime where a minor is involved in any way, you need to know whether pleading guilty is the right choice, and I can help you before you make that decision.