Legal Question in Criminal Law in Georgia

deprivation of minor in Georgia

My wife was charged about eighteen months ago with

contributing to the deprivation of a minor. This was

related to allegations that our older son had been

molesting his younger sisters. There were allegations

(very questionable) that the sisters had told my wife about the abuse and she did nothing, thus her charge. She later went to an arraignment and discovered that the DA's office had picked up the case and intended to prosecute as a felony. After reading the Georgia code 16-12-1 I had trouble figuring out just how they could prosecute as a felony until I realized that the recently passed SB10 child

cruelty bill had amended paragraph 4a of 16-12-1 to include

sexual abuse of minors under 16 as being considered ''serious injury'', thus allowing the charge to be

prosecuted as a felony. However this amendment was not

effected until 7/1/03, and the alleged crime and arrest

took place well before this date. Would this amendment be

considered retroactive and fall under the guidelines of ex

post facto prosecution? Also I want to note that the

original misdemeanor charge was dropped, but the DA is

pushing for an indictment as a felony, which is pending.

Any advice would be appreciated.


Asked on 8/27/04, 8:51 pm

1 Answer from Attorneys
Jim Hough Thomas J. Hough, Jr., P.C.

Re: deprivation of minor in Georgia

The issues relating to ex post facto application of a law passed after the event described occurred is interesting as a matter of defense and should definitely be brought to the attention of you wife's defense counsel.

I find nothing unusual about the dismissal of misdemeanor charges in view of a subsequent indictment for a felony arising from the same facts. That makes it all the more important to be sure her counsel is aware of these circumstances. If she is not represented, she needs to be.

I would be careful about characterizing your daughters' warnings to their mother as questionable. You need to be sure your daughters are protected against predatory action by their brother to the same extent that their mother has this responsibility. (This is the point of view the prosecutors will take --- I understand the point you are making, but they might not.)

Jim Hough

770-607-5300

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Answered on 8/30/04, 11:10 am


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