Sex Offender Law

Registration as a sex offender is required by individuals convicted of a dangerous sexual offense, such as sexual exploitation, child molestation, enticement, statutory rape (if the individual is 21 years old or older), aggravated sexual battery, and child pornography. Additionally, a conviction for a felony offense against a victim who is a minor -- such as kidnapping or false imprisonment -- may trigger required sex offender registration. Registration is required whether or not the offense and conviction occurred in Georgia, so long as the offender currently resides in the state.

Sex offender is a broad term for all persons convicted of crimes involving sex. All persons convicted of committing certain criminal offenses under O.C.G.A. 42-1-12 must register with the Sheriff of the county they live in or move to within 10 days of moving to that county.

The offender must be convicted of a crime that is by its nature a sexual offense, such as:

• O.C.G.A. 16-6-1 Rape
• O.C.G.A. 16-6-2 Sodomy (against a minor); Aggravated Sodomy (against a minor or an adult)
• O.C.G.A. 16-6-3 Statutory Rape (unless the age of the perpetrator is 18 years of age or younger)
• O.C.G.A. 16-6-4 Child Molestation; Aggravated Child Molestation
• O.C.G.A. 16-6-5 Enticing a child for indecent purposes
• O.C.G.A. 16-6-22.2 Aggravated Sexual Battery

In relation to crimes where the victim is a minor, O.C.G.A. 42-1-12 includes the following offenses under (a)(4)(A):

• Kidnapping of a minor, except by a parent
• False imprisonment of a minor except by a parent
• Criminal sexual contact toward a minor
• Solicitation of a minor to engage in sexual contact
• Use of a minor in sexual performance
• Solicitation of a minor to practice prostitution
• Any conduct that by its nature is a sexual offense against a minor

For an offender to qualify for registration in 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.

O.C.G.A. 42-1-12 (i)(3) states “the Georgia Bureau of Investigation or any sheriff maintaining records required under this code section shall release relevant information collected under this code section that is necessary to protect the public.” However, due to the fact this information is continually changing, the Burke County Sheriff’s Office makes no expressed or implied guarantee concerning the accuracy of this information.

Click here for more details about the Georgia Sex Offender Registry.