Morris News Service
ATLANTA --- The question of where Internet predators commit their crimes has plagued law enforcement in recent years. Is the online crime committed in the predator's house, or in the underage victim's?
Georgia law allows prosecutors to bring charges against out-of-state Internet predators who target in-state children. But problems remain when it comes to deciding which Georgia counties can try in-state predators who chat with children across county lines.
The law now says predators of underage Georgia Internet users can be tried within the state but doesn't specify the county that can bring the charges, according to Alan Cook, a former prosecutor and current University of Georgia School of Law professor.
As a result, Mr. Cook said, prosecutors in Georgia are left wringing their hands over who can try the cases.
"It poses problems for prosecutors," Mr. Coo said. He thinks House Bill 1214, introduced by Rep. Allen Freeman, R-Macon, would clarify where prosecutors can try online predators.
The legislation would establish that the crime "shall be considered as having been committed in any county where the victim was believed by the accused to reside, or in any county in which any other part of the offense took place, regardless of whether the defendant was ever actually in such county."
That means prosecutors can bring charges where the harassment starts, or where the harassed person lives, Mr. Freeman said.
The bill, which is languishing in the House Judiciary Non-Civil Committee, also would make sending obscene online material to minors a felony.
The change would make Georgians safer, Mr. Freeman said, since predators would go to prison for a longer time if convicted. The bill also would allow authorities to seize equipment used to commit Internet crimes.
Reach Josh White at josh.white@morris.com.