Sexual Exploitation Attorney in Atlanta

Facing Sexual Exploitation Charges? Put Former Federal Prosecutor Insight to Work

A sexual exploitation allegation involving a minor can escalate from an investigation to an arrest, accusation, or indictment under Georgia law. We represent clients in Atlanta and throughout Georgia, examining the alleged conduct, the evidence behind the accusation, and the specific statute prosecutors intend to use.

If investigators want to question you, you have the right to remain silent and request counsel before answering substantive questions. Early legal review can address what investigators have requested, whether a search or interview has occurred, and which deadlines or court proceedings need immediate attention.

What O.C.G.A. § 16-12-100 Prohibits

O.C.G.A. § 16-12-100 defines a minor as a person under 18. It prohibits knowingly employing, using, persuading, inducing, enticing, or coercing a minor to engage in sexually explicit conduct for the purpose of producing a visual medium or performance.

The law also applies to a parent, legal guardian, or person with custody or control who knowingly permits a minor to participate in that conduct. The accused person’s alleged role, knowledge, intent, and connection to the production or performance are central to evaluating the charge.

This offense differs from O.C.G.A. § 16-12-100.2, which addresses computer or electronic pornography and child exploitation prevention. Identifying the applicable statute and subsection requires comparing the alleged acts with each element the prosecution must prove.

The law contains exceptions for authorized law enforcement and prosecution activity, legitimate medical, scientific, or educational activity, and a person creating or possessing a visual medium depicting only himself or herself. Whether an exception applies depends on the evidence and circumstances.

Felony Penalties, Property Forfeiture & Registration

Except for specified statutory exceptions, a violation is a felony punishable by five to 20 years in prison and a fine of up to $100,000. Property used to facilitate the offense and proceeds connected to it may also be subject to forfeiture of property.

Georgia’s sex offender registration law lists sexual exploitation of children under O.C.G.A. § 16-12-100 among its qualifying offenses. Registration obligations depend on the conviction, applicable law, and the person’s circumstances. A felony conviction can also affect employment, housing, professional licensing, travel, family relationships, and reputation.

How We Evaluate Sexual Exploitation Charges

We begin with the statutory elements, not assumptions about the accusation. We investigate the allegations, scrutinize physical and digital evidence, examine witness accounts, and review the procedural integrity of the arrest.

Our review may address:

• Knowledge and intent: Whether the evidence proves that the accused knowingly engaged in the conduct required by the charged subsection.
• Identity and age: Whether the prosecution can establish who participated and that the person involved was under 18.
• Statements and witnesses: Whether interviews were lawfully conducted and whether witness accounts are consistent, reliable, and supported by other evidence.
• Searches and seizures: Whether warrants, searches, and evidence collection complied with constitutional requirements.
• Authentication and chain of custody: Whether the prosecution can show that evidence is what it claims to be and document how it was collected, stored, and transferred.
• Charging issues: Whether the alleged facts support the selected offense, an attempt, or a different statutory provision.

Suppression asks a court to exclude evidence obtained in violation of constitutional protections. Whether suppression or another defense issue is available depends on the warrants, statements, procedural history, and other facts of the case.

Former Federal Prosecutor Insight Applied to the Defense

Howard Jarrett Weintraub previously served as a federal prosecutor with the U.S. Department of Justice and as an Assistant U.S. Attorney in the Northern District of Georgia. That prosecution-side experience informs how we assess investigative methods, evidence, charging decisions, and the government’s theory of a case.

We have handled more than 2,500 cases and bring more than 55 years of combined legal experience to our defense work. Howard J. Weintraub and Benjamin B. Alper each hold a 10.0 Avvo rating. Howard J. Weintraub has also received commendations from the FBI, IRS, and U.S. Attorney General.

Speak With Us Before Taking Your Next Step

If you’re under investigation, have been arrested, or face a filed charge, avoid discussing the allegations with investigators before consulting counsel. Through our Contact us page, you can tell us whether investigators have requested an interview, executed a search, or identified an upcoming hearing or court deadline.

We can review the alleged conduct, applicable statute, available evidence, and procedural history, then explain the legal issues and potential next steps. The consequences and available defenses depend on the allegations, evidence, and law governing your case.