It is important to secure competent legal counsel as soon as possible to argue your case successfully.

There are many defenses that can be explored to get a positive outcome in your case. For example, the first one that comes to mind is entrapment. These days law enforcement often pose as other users in chat rooms or on the dark net. They pose as someone actively seeking CSAM. You may not have ever done anything illegal but for their persuading you to so. There are legal motions we can file that may be dispositive for your case.  Remember, the government has become well versed in programs like BitTorrent, and can be on the dark net doing things illegal themselves all in their efforts to “combat crime.”

Additionally, when law enforcement comes to execute a search warrant for devices at your home or office, they must have a valid search warrant or everything they seized will be discarded and not used in the case against you. You need an experienced criminal defense lawyer to ensure law enforcement did not violate your Constitutional rights in executing the search warrant.

Sometimes, a download from a proper website can result in what is termed as an “accidental download”. We have experts ready to assist us in showing the government exactly what is and what is not on your devices and what is and what was purposely downloaded and accessed.

These are but some defenses that Conaway & Strickler, PC have successfully argued. Contact us to discuss your case in more depth. The consequences of a child pornography or CSAM (“Child Sexual Abuse Material”) conviction are severe and life-altering. And the collateral consequence of being on the sex offender registry can be devastating. We are here to help.

Reduction in Time Requirements

Previously, individuals convicted of a sexual offense in Georgia had to wait 10 years after completing their sentence before petitioning the court for removal from the Sex Offender Registry. SB 493 has reduced this waiting period to 5 years, making it possible for eligible individuals to initiate the process sooner. This amendment reflects a shift toward offering second chances, particularly for those who demonstrate low risk of reoffending.

Risk Level Consideration

While the waiting period has been shortened, the bill introduces a new hurdle: petitioners must now be classified as Level I offenders (low risk) by the Georgia Sex Offender Risk Review Board. Previously, individuals classified as Level II were eligible for removal after 10 years, but SB 493 restricts this privilege exclusively to Level I offenders. This change narrows the pool of individuals who may be eligible for removal from the registry, especially because many individuals remain “unlevelled” by SORRB for years. For individuals who are seeking leveling, the assistance of an attorney could be pivotal. Once you are levelled, there are limited ways to appeal that classification, and now, any classification other than Level I can jeopardize eligibility for removal.

Special Provision for Elderly Offenders

Senate Bill 493 also introduces an additional avenue for elderly offenders seeking removal. Individuals aged 80 or older are now eligible to petition for removal, provided they meet other conditions such as completing their sentence. This amendment is intended to ease the burden on elderly individuals who may no longer pose a threat to the community.

Challenges for Out-of-State and Federal Convictions

The bill also makes the process more challenging for individuals convicted outside of Georgia or under military/federal law. Such petitioners must now demonstrate that they have already been removed from the registry in their original state or under federal law before seeking removal in Georgia. Additionally, they must meet the same criteria as in-state offenders, including the new Level I requirement. This change adds significant complexity for out-of-state or federal offenders who wish to clear their name in Georgia.

Conclusion

In summary, SB 493 introduces both relaxed and tightened requirements for removal from the Georgia Sex Offender Registry. The waiting period has been reduced for those convicted in Georgia, but the risk level threshold has been raised. Additionally, elderly individuals now have new opportunities to seek removal, while out-of-state offenders face additional challenges.

However, it is important to note that the changes enacted by SB 493 only apply to those who committed offenses after July 1, 2024. These changes do not apply to individuals who committed offenses and were already on the Registry prior to July 1, 2024. It is crucial to understand what laws apply to your case with the constant changes to O.C.G.A. § 42-1-19.

If you or a loved one is seeking removal from the Georgia Sex Offender Registry, it’s essential to understand these changes and how they might apply to your case. Consulting with an experienced attorney can help navigate the petition process.

The biggest wrinkle that this bill has caused so far is the requirement to be fitted by the Department of Community Supervision with a device capable of tracking the location of the sexual offender (aka ankle monitor) while on probation or parole and awaiting risk assessment classification from SORRB if the person has previously been convicted of a felony sexual offense. Basically, if the SORRB hasn’t leveled you yet, you will be contacted to get an ankle monitor at your expense, of course.

Or, if your assigned community supervision officer determines that a special need exists for you to wear an ankle monitor due to the ‘immediate danger to society the offender poses based upon a substantial risk of perpetrating a future dangerous sexual offense.’ then here they come as well with that ankle monitor.

There is some relief delineated in the bill. You can petition the court to have the ankle monitor removed. But, the court will need to determine if the person does not “pose an immediate danger to society” by a preponderance of evidence.

Please feel free to contact us to see if we can help!

Below are the federal statutes that address child pornography.

18 U.S.C. §2252 – Child pornography; 18 U.S.C. §2252A – Sexual exploitation of minors; and 18 U.S.C. §1466A – Obscene visual representation of sexual abuse of minors

18 U.S.C. 2251 – Sexual Exploitation of Children

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Below are the statutory minimum and maximum punishments for these offenses:

I. Possession of child pornography (first offense)

• No minimum; maximum 10 years
• BOL (Base offense level) 18 (27-33 months)
• 18 U.S.C. § 2252(b)(2); 18 U.S.C. § 2252A(b)(2)

II. Possession of child pornography (second or subsequent sex-based offense and pornography depicts child under 12 years old)

• Minimum 10 years; maximum 20 years
• BOL 18 (27-33 months)
• 18 U.S.C. §2252(b)(2); 18 U.S.C. §2252A(b)(2)

III. Mailing, transporting, or receiving, or possession with intent to sell child pornography (first offense)

• Minimum 5 years; maximum 20 years
• BOL 22 (41- 51 months)
• 18 U.S.C. § 2252(b)(1); 18 U.S.C. § 2252A(b)(1)

IV. Mailing, transporting, or receiving, or possession with intent to sell child pornography (second or subsequent sex-based offense)

• Minimum 15 years; maximum 40 years
• BOL 22 (41-51 months)
• 18 U.S.C. § 2252(b)(1); 18 U.S.C. § 2252A(b)(1)

V. Possession of visual representations of sexual abuse of children (first offense)

• No minimum; maximum 10 years
• BOL 18 (27-33 months)
• 18 U.S.C. § 2252(b)(2); 18 U.S.C. § 2252A(b)(2) (per 18 U.S.C. § 1446A(a))

VI. Possession of visual representations of sexual abuse of children (second or subsequent sex-based offense & pornography that depicts child under 12 years old)

• Minimum 10 years; maximum 20 years
• BOL 18 (27-33 months)
• 18 U.S.C. § 2252(b)(2); 18 U.S.C. § 2252A(b)(2)) (per 18 U.S.C. § 1446A(a))

VII. Mailing, transporting, or receiving, or possession with intent to sell images depicting sexual abuse of children (first offense)

• Minimum 5 years; maximum 20 years
• BOL 22 (41-51 months)
• 18 U.S.C. § 2252(b)(1); 18 U.S.C. § 2252A(b)(1) (per 18 U.S.C. §1446A(b))

VIII. Mailing, transporting, or receiving, or possession with intent to sell images depicting sexual abuse of children (second or subsequent sex-based offense)

• Minimum 15 years; maximum 40 years
• BOL 22 (41-51 months)
• 18 U.S.C. § 2252(b)(1); 18 U.S.C. § 2252A(b)(1) (per 18 USC 1446A(b))

IX. Production

• Minimum 15 years; Maximum 30 years
• BOL 32 (121-151 months)
• 18 U.S.C. § 2251

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Below are the applicable United States Sentencing Guidelines.

Production USSG 2G2.1

This includes situations that involve asking a minor for an illicit image, or a situation such as the following link: https://www.wsbtv.com/news/local/metro-atlanta-couple-charged-with-using-adopted-kids-make-child-porn/DQIMBH4YZNFC5E6UUSSXM2HLDA/

BOL 32 (121-151 months)

POSSIBLE ENHANCEMENTS:

+4 under age 12;

+2 age 12-16

+2 sex act

+4 levels if sex act AND 18 U.S.C. § 2241 (a) or (b) Aggravated sexual abuse

Distribution USSG 2G2.2

BOL 22; 2252 and 2252A not under either below

Receipt

BOL 20 since not possession and defendant’s conduct was limited to receipt and there was no intent to traffic or distribute

Possession

BOL 18 2252(a)(4), 2252A(a)(5) or 2252A(a)(7)

POSSIBLE ENHANCEMENTS:

+2 under age 12

+x for pecuniary gain (see fraud table 2B1.1. but not less than +5)

+5 for any type of gain other than pecuniary

+5 if distributed to a minor

+6 if distributed to a minor to coerce minor to engage in illegal activity

+7 if distributed to a minor to coerce minor to engage in illegal activity and make minor travel

+2 if knowingly distributed other than described anywhere else +2 masochistic or sadist +4 if toddler or infant +5 if pattern +2 use of computer +2 10-150 images +3 150-300 images +4 300-600 images +5 600 plus images *Note with videos, it is very easy to get to 600 plus images.

There are many strategies for defending someone charged with these type of charges. Have the photos been edited? Are the individuals in the images actually under the age of 18? Were these images downloaded by accident? Did someone else have access to the computer? The router?

As described above, the consequences of a child pornography conviction are severe and life-altering. The collateral consequence of the sex offender registry can be devastating.

For further information, or if you have a loved one charged with this, please contact our firm.

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For example, in Rockdale County, a 15-year-old boy was arrested in June for molesting a 5-year-old girl and the judge ordered for the child to be returned to school. The boy’s father argued “He’s not a bad kid. He just made a mistake”, but other parents were outraged at the judge’s decision. Georgia is one of eleven states that have not yet set up a sex offender registry for juveniles, and the state is currently passing up around one million dollars by failing to comply with federal regulations requiring it to do so.

If you or someone you love has been charged with a sex crime of any type, you need the legal assistance of an Atlanta criminal defense attorney. For almost two decades, Conaway & Strickler, P.C. has defended the rights of our clients with personal attention and skilled representation. If convicted, you could face serious lifelong penalties, so contact an Atlanta criminal defense lawyer today.

First, courtrooms are more crowded than ever before, and judges and prosecutors are often overworked and overwhelmed. America’s criminal justice system has grown into a huge industry – the “prison-industrial complex” — that provides millions of jobs and massive amounts of tax revenue for states and counties. Criminal justice is the one area besides the military where politicians today can advocate for bigger government and more taxes and get elected.

Second, prosecutors and judges no longer have the independence to exercise discretion in prosecution and sentencing that they had a generation ago. Powerful special interest groups spend millions of dollars monitoring conviction rates of judges and prosecutors across the country. Officials who do not live up to the conviction targets of organizations such as Mothers Against Drunk Driving (MADD) face a very real threat of losing the next election. If you appear in their courtroom and they show you any leniency, their jobs may be on the line.

Third, task forces target selected behavior for aggressive prosecution, trial, and sentencing. Under Project Safe Childhood, United States Attorney General Roberto Gonzales recently called for “an arrest, a thorough investigation and a merciless prosecution” of alleged sex offenders . [Prepared Remarks of Attorney General Roberto R. Gonzales at the Project Safe Childhood Conference, Washington, D.C., 12/04/2006.] While task forces and special interest groups target criminal behavior that most Americans would agree is undesirable, Good Decent Law-Abiding Citizens are finding themselves victimized by these zealous efforts to reduce crime.

For example, John is a middle-aged man who owns a pool-supply company. He invites his girlfriend and her teenaged daughter to move in with him. The daughter has a history of discipline problems at school and a juvenile record for drug use and petty theft . One day she tells her school counselor that John has sexually molested her. Although there is no physical evidence and no witnesses, the counselor makes a determination that molestation may have occurred and contacts the police. In full view of his neighbors, John is arrested, handcuffed, and taken to jail, charged with aggravated child molestation and sexual battery. John maintains his innocence, but the prosecutor has a “no drop” policy for these types of crimes and takes him to trial. The jury finds him not guilty. Though vindicated in court, John’s customers have dwindled away, his business is failing, and his legal fees have left him deep in debt. His neighbors still whisper about him behind his back, and his health has declined due to the stress of the trial. John has no legal recourse because the law does not allow compensation from the government that brought the charges, or from the school, the counselor, or the teenager for making false accusations against him.

Call Conaway & Strickler, PC now to avoid your life being destroyed by our overzealous criminal justice system.