A person generally commits the criminal offense of sexual assault of a child—regardless of whether the person knows the age of the child at the time of the offense—if the person (1) causes the penetration of the anus or sexual organ of a child by any means; (2) causes the penetration of the mouth of a child by the sexual organ of the person; (3) causes the sexual organ of the child to contact or penetrate the mouth, anus, or sexual organ of the person or another person; (4) causes the anus of a child to contact the mouth, anus, or sexual organ of the person or another person; or (5) causes the mouth of a child to contact the anus or sexual organ of the person or another person.
The naming and definition of the criminal offense of sexual assault of a child varies from state to state. These criminal offenses are generally located in a state’s statutes—often in the penal or criminal code.
In Georgia, the criminal offense of sexual assault of a child is addressed under the laws pertaining to child molestation and aggravated child molestation. According to the Official Code of Georgia Annotated (O.C.G.A.), a person commits the offense of child molestation when they do any immoral or indecent act to or in the presence of a child under the age of 16 with the intent to arouse or satisfy the sexual desires of either the child or the person. Aggravated child molestation occurs when such an act involves an act of sodomy or results in physical injury to the child. It is important to note that in Georgia, ignorance of the child's age is not a defense. These crimes are severely punished and can result in significant prison time, with aggravated child molestation carrying a potential sentence of 25 years to life or life without parole. Additionally, those convicted may be required to register as sex offenders. The specific statutes covering these offenses are found in O.C.G.A. § 16-6-4 (Child Molestation; Aggravated Child Molestation).