Sex Offender F.A.Q.
Who is required to register?
In order for an offender to qualify for registration in the state of Georgia, the offender must either be released from prison or placed on probation, parole or supervised release after July 1, 1996. If an offender who is registered in another state moves to Georgia, the offender is required to register in the state of Georgia.
What crimes require a person to register?
For purposes of this paragraph, a conviction for a misdemeanor shall not be considered a criminal offense against a victim who is a minor, and conduct which is adjudicated in juvenile court shall not be considered a criminal offense against a victim who is a minor. Criminal offense against a victim who is a minor” with respect to convictions, means any criminal offense under Title 16 or any offense under federal law or the laws of another state or territory of the United States which consists of:
- Any conviction resulting from an underlying sexual offense against a victim who is a minor.
- Aggravated assault with the intent to rape in violation of Code Section 16-5-21;
- Aggravated child molestation in violation of Code Section 16-6-4; or
- Aggravated sexual battery in violation of Code Section 16-6-22.2.
- Aggravated sodomy in violation of Code Section 16-6-2;
- Criminal sexual conduct toward a minor;
- False imprisonment of a minor, except by a parent;
- Kidnapping of a minor, except by a parent;
- Rape in violation of Code Section 16-6-1;
- Solicitation of a minor to engage in sexual conduct;
- Solicitation of a minor to practice prostitution; or
- Use of a minor in a sexual performance;
(Only these below are occurring after June 30, 2001)
- A second conviction for sexual battery in violation of Code Section 16-6-22.1;
- Aggravated child molestation in violation of Code Section 16-6-4, unless the person was convicted of a misdemeanor offense;
- Any conduct which, by its nature, is a sexual offense against a victim who is a minor or an attempt to commit a sexual offense against a victim who is a minor.
- Child molestation in violation of Code Section 16-6-4;
- Computer pornography and child exploitation prevention in violation of Code Section 16-12-100.2;
- Conspiracy to transport, ship, receive, or distribute visual depictions of minors engaged in sexually explicit conduct; or
- Creating, publishing, selling, distributing, or possessing any material depicting a minor or a portion of a minor’s body engaged in sexually explicit conduct;
- Electronically furnishing obscene material to minors in violation of Code Section 16-12-100.1;
- Enticing a child for indecent purposes in violation of Code Section 16-6-5;
- False imprisonment in violation of Code Section 16-5-41 which involves a victim who is less than 14 years of age, except by a parent;
- Incest in violation of Code Section 16-6-22;
- Kidnapping in violation of Code Section 16-5-40 which involves a victim who is less than 14 years of age, except by a parent;
- Obscene telephone contact in violation of Code Section 16-12-100.3; or
- Sexual assault against persons in custody in violation of Code Section 16-6-5.1;
- Sexual exploitation of children in violation of Code Section 16-12-100;
- Sodomy in violation of Code Section 16-6-2;
- Statutory rape in violation of Code Section 16-6-3, if the individual convicted of the offense is 21 years of age or older;
- Transmitting, making, selling, buying, or disseminating by means of a computer any descriptive or identifying information regarding a child for the purpose of offering or soliciting sexual conduct of or with a child or the visual depicting of such conduct;
- Use of a minor to engage in any sexually explicit conduct to produce any visual medium depicting such conduct;
Can an Offender be around children?
The offender may be restricted if it is a provision of the offender’s probation or parole.
Can a sex offender attend church?
Can a sex offender be employed at a church? Can he volunteer at a church?
It depends upon when the sex offender committed his offense. If the sex offender committed his registerable offense between July 1, 2006 and June 30, 2008, he cannot be employed by a church, but he can volunteer. If he committed the offense on or after July 1, 2008 he cannot be employed or volunteer at a church. You must read the definition of volunteer 42-1-15(a)(4) and apply to section ( c)(1)
Can a sex offender attend his child’s parent/teacher conferences or functions at school?
He may attend as long as the offender (1) has a child enrolled in the school or (2) has a purpose for being there, and (3) does not “loiter” before or after business has been completed. It is in the offenders’ best interest to advise the school of his status and intentions in advance, but is not required.
Can a sex offender take his child to school and pick him up?
As long as the offender has a child enrolled in the school and he is there in a timely manner – not arriving too far in advance or lingering afterwards (loitering.)
Is a sex offender allowed to dine at an eating establishment where children congregate, i.e. Chucky Cheeses or at an establishment that has a playground, i.e. Burger King?
Yes, he may eat at an establishment where children congregate or have a playground, as long as he does not loiter.
What about the school bus stops?
An injunction was issued preventing enforcement of this provision. The law states that only State certified bus stops will be enforced, but the State of Georgia only has 2 certified bus stops. If you have problems of where the bus stops near an offenders house, please contact the School and they will move the bus stop.
Is it a matter of time before the offender commits another crime?
While there is no way that anyone can accurately predict the future behavior of another person, past behavior is an indication of whether an individual, or group, poses a higher risk to the public. Not all offenders will commit another crime; however, knowledge of a potential risk should assist you and your family in avoiding situations that allow for easy access to victims.
What do I tell my children about known offenders in our area?
DON’T accept a ride from this person. DON’T go into their home or yard. Tell your parents if this person offers you toys, money or gifts.
What is Risk Assessment Classification?
The notification level into which a sexual offender is placed based on the Sexual Offender Registration Review Board’s assessment.
What is Level 1?
Level I Risk Assessment Classification means the sexual offender is a low sex offense risk and low recidivism risk for future sexual offenses.
What is Level 2?
Level II Risk Assessment Classification means the sexual offender is an intermediate sex offense risk and intermediate recidivism risk for future sexual offenses and includes all sexual offenders who do not meet the criteria for classification either as a sexually dangerous predator or for Level I risk assessment.
What is Level 3?
Level III Risk Assessment Classification is a Sexually Dangerous Predator which means the sexual offender was designated as a sexually violent predator between July 1, 1996, and June 30, 2006; or who is determined by the Sexual Offender Registration Review Board to be at risk of perpetrating any future dangerous sexual offense. A sexually dangerous predator shall report to the sheriff of the county where such predator resides six months following his or her birth month and update or verify his or her required registration information.
What is Level 0?
Level 0 means that the offender has not been leveled yet or was convicted prior to 7/1/2006. Exception all offenders moving from another state will be leveled.
What is an area where minors congregate?
Public & private parks, recreation facilities, playgrounds, skating rinks, neighborhood centers, gymnasium, school bus stops, public libraries, and public & community swimming pools.