I just checked the Georgia Criminal Code; here is the TLDR synopsis:
It is reasonable to assume that Mr. Austin will be imprisoned for some period of time if he is convicted of even one of these offenses. The legislative scheme demonstrates a strong presumption of incarceration following a conviction for this type of offense.
Oh, more bad news, Mr. Austin will probably be required to seek psychiatric treatment if he wants to live in the community.
The breakdown is as follows:
Austin is charged with two counts of attempted child molestation, and two counts of attempted aggravated child molestation. He is also charged with a violation of the sexual exploitation of children's act.
Attempt: The law punishes successful as well as unsuccessful attempts at criminal conduct. To be guilty of criminal attempt, the person must have the specific intent to commit a crime (child molestation) and he performs any act which constitutes a substantial step towards the commission of that crime. Impossibility is not a defense so the fact that Mr. Austin was speaking with an undercover agent is not relevant.
Penalties: A person convicted of attempt is rewarded with a reduction in his sentence. Upon conviction of an attempted felony, the court imposes a minimum sentence of one year and no more than 1/2 the maximum sentence that could be imposed if he had succeeded.
Child molestation: Child molestation includes any immoral or indecent act done to or in the presence of a child under the age of sixteen. It may also include the electronic transmission of lewd conduct involving minors. The state must also show that the conduct was intended was to "arouse or satisfy the sexual desires" of either the defendant or the child.
Penalties: Child Molestation carries a minimum of five years and a maximum of 20 years. In this case, because the crime was not completed, the minimum would be one year, the maximum ten years.
Aggravated Child Molestation: Aggravated child molestation is child molestation that causes physical injury or involves an act of sodomy. Sodomy is further defined as contact between the sex organs of one person and the mouth or anus of another.
Penalties: Aggravated child molestation carries a minimum term of imprisonment of twenty-five years and a maximum term of life imprisonment. Because this is attempted conduct, the court may only sentence him to a minimum of one year and a maximum of thirty years.
Sexual Exploitation of Children Act: Ga. Code 16-12-100.2 The statute makes it illegal to use the a computer internet service "to seduce, solicit, lure, or entice, or attempt to seduce, solicit, lure, or entice a child or another person believed by such person to be a child to commit any illegal act described in
Code:
.
Penalties: The statute provides for a minimum of one year and maximum of twenty years.
Note on Consequences of Conviction: If convicted of everything, Austin has a total maximum exposure (if the court imposed all sentences consecutive to each other) of a minimum of five years, and a maximum of 100 years broken down as follows:
Child molestation x 2 (1 min/10max) 2 min./ 20 max.
Agg. Child molestation x 2 (1 min/ 30 max) 2 min./ 60 max.
Sex exploitation 1 min./20 max.
TOTAL 5 min/ 100 max.
Figuring out the minimum sentence is a bit more difficult. Because these are sex offenses, the court is required to impose a split sentence. A split sentence involves a period of incarceration followed by a period of release under the supervision of a probation officer. The court is required to impose the minimum sentence as the period of incarceration and a "probated sentence" of at least one year. Because the court could impose all sentences concurrently, the minimum sentence, theoretically, would be one year to serve followed by one year probation.
The sentencing statute also provides that the minimum sentence (one year on each separate offense) may not be suspended, probated, deferred, stayed, etc. Despite the draconian language, the court is allowed to fully suspend the sentence (no jail time) if:
1. the defendant has no prior conviction;
2. the defendant did not use a deadly weapon, object, or device that could cause serious bodily injury;
3. No evidence of similar prior incidents;
4. No physical harm to victim;
5. The victim was not transported or restrained in this incident.
