What Are the Criminal Charges for Enticing a Child Under OCGA?

Contributed post.

Child exploitation online is becoming an ever-growing problem, according to the FBI. Their IC3 2023 Internet Crime Report had received more than 36,000 reports relating to crimes against children.

According to the Official Code of Georgia Annotated (OCGA), enticing a child is a felony with serious legal implications. One should look into understanding the consequences of this issue. He or she may need to leave, thinking about what strategies to use, as he or she may be charged or looking at getting some sort of prior legal advice.

Let’s discuss what criminal charges an individual can receive for the offense of enticing a child under OCGA.


What Is Enticing a Child Under OCGA?

"Enticing" is defined as any behavior in which a person offers gifts or engages in actions directed at the child from a place of safety and security.

The law looks at the intentions that drive these actions since even the attempts to lure can have serious legal consequences.

The subject of child protection and safety is so delicate and intricate that a clear understanding of the concept of child enticement is important. 


What Criminal Charges Are Associated With Enticing a Child?

An individual convicted of enticing a child is charged with violation of O. C. G. A. § 16-6-5. And this criminal conviction has multiple life-altering consequences.

According to criminal defense attorney Donald Day, the state charges individuals responsible for enticement with felonious conduct toward a child who has not reached the age of 16. Some examples of behavior that might lead to an enticement charge include persuading or enticing a child to go to an empty place or an unsupervised location where the perpetrator plans to conduct unlawful behavior.

Other criminal charges can be applied under these statutes. If there is an intention to exploit or harm the child, one could be accused of sexual assault or kidnapping.

The accusation is severe and could result in serious legal consequences. Getting legal advise is suggested to have a better understanding of the charges.


Penalties for Convictions of Child Enticement Under OCGA

Being convicted of a felony, under OCGA § 16-6-5, will cause substantial change in one's life.

Those falling into this category can be imprisoned for up to twenty years. When someone commits child enticement, they have to register as a sex offender under the OCGA. This result can ruin a person's life, restricting any career growth prospects and damaging any personal relationships.

Severe fines may cause significant financial drain. Social ostracism and social stigmatization are also consequences of legal fines.

Knowledge of these consequences could strongly discourage someone from committing the crime.


How Do Law Enforcement Investigate Child Enticement?

Police will likely take measures to investigate the matter when you’re accused of enticing a child. The process will usually begin with a report filed by the child's guardian.

Law enforcement teams will call the child being enticed to gather as many details about the incident as possible. Surveillance videos from public locations may be compiled to serve as physical evidence, such as texts or emails, that points to the validity of the evidence.

In this respect, law enforcement agents often introduce new options of witness interrogation to fill in the information gaps. In a few instances, police have staged covert operations to trap criminals caught in the act.

Detectives will properly collect and remember all evidence during the investigation period so it may be properly preserved and used at a possible trial.


How Can Parents Protect Children From Enticement?

​Parents can take active measures to secure their child from such a situation. 

There are ways to spot inappropriate behavior that is a sign of enticement. Teach the children how to recognize these signs.

No close interactions should be made, especially with strangers. These interactions include doing all forms of online-based or socializing activities.

Set limits on respect for personal details or contact with unknown persons. Small kids need to get involved in role-playing to practice saying or doing the different scenarios.

Help create a whole supportive environment for your child and their friends so that they feel safe enough to share any concerns they might have. Ignoring the needs and concerns of your child may expose the child to dangers.

Parents and parties accused should be fully aware of the kinds of retribution associated with trying to influence a minor under OCGA. There are serious consequences to this act if it is proven. Having a better understanding and knowledge of this crime will be able to save your child in such cases.

Hire an attorney if you or someone you know is accused of this crime. Perhaps the legal counsel may be able to shed some light on the situation.