Special Conditions of Probation; Against Minor or a Dangerous Sexual Offense – Matthew Ryan Morgan

The following form represents that filed in case SUR2022000588 for suspect Matthew Ryan Morgan.

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SC-6.4(D) Special Conditions of Probation for Conviction of an Offense Against a Minor or a Dangerous Sexual Offense

Special Conditions of Probation for Conviction of an Offense Against a Minor or a Dangerous Sexual Offense

These conditions imposed by O.C.G.A. § 42-8-35(b) are hereby incorporated into the Defendant’s sentence by reference. The Defendant is advised that violation of any Special Condition of Probation may subject the Defendant is advised that violation of any Special Condition of Probation may subject the Defendant to a revocation of the balance of the period of probation and the Defendant may be required to serve up to the balance of the sentence in confinement.

The Defendant may not enter or remain at victim’s school, place of employment, residence, or EMPTY at times when the victim is present, nor shall the Defendant loiter or remain in areas where minors congregate, such as child care facilities, churches, or schools as defined in O.C.G.A. § 42-1-12. Except with approval from school staff and notifications to probation for each event.

The Defendant shall be subject to and shall allow viewing and recording of all incoming and outgoing e-mail, history of websites visited, content accessed, and any other internet-based communication.

The Defendant shall submit to periodic unannounced inspections of the contents of his/her computer(s) or any other device that accesses the Internet or retrieves, copies, stores, or removes data.

The Defendant is prohibited from seeking election to a local board of education.

SO ORDERED this 23rd day of June , 2025.

W. Travis Sakrison
Judge of Superior Court
Coweta Judicial Circuit

JUDGE W. Travis Sakrison
(print or stamp Judge’s name)

Acknowledgement: I have read the terms of this document or had them read and explained to me. I understand that violation of a special condition or probation could result in revocation of all time remaining on the period of Probation.

Matthew Ryan Morgan
Defendant

State of Georgia v. Matthew Ryan Morgan
Criminal Action # SUR2022000588
Page 1 of 1

Additional Information

The term Offense against a Minor is defined in O.C.G.A § 42-1-12 State Sexual Offender Registry and varies depending on the date of conviction. The following is the definition for all convictions occurring after June 30, 2021.

(B) “Criminal offense against a victim who is a minor” with respect to convictions occurring after June 30, 2001, 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:
- (i) Kidnapping of a minor, except by a parent;
- (ii) False imprisonment of a minor, except by a parent;
- (iii) Criminal sexual conduct toward a minor;
- (iv) Solicitation of a minor to engage in sexual conduct;
- (v) Use of a minor in a sexual performance;
- (vi) Solicitation of a minor to practice prostitution;
- (vii) Use of a minor to engage in any sexually explicit conduct to produce any visual medium depicting such conduct;
- (viii) Creating, publishing, selling, distributing, or possessing any material depicting a minor or a portion of a minor’s body engaged in sexually explicit conduct;
- (ix) 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;
- (x) Conspiracy to transport, ship, receive, or distribute visual depictions of minors engaged in sexually explicit conduct; or
- (xi) Any conduct which, by its nature, is a sexual offense against a victim who is a minor.

(C) 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.

The term Dangerous Sexual Offense is defined in O.C.G.A § 42-1-12 State Sexual Offender Registry and varies depending on the date of conviction. The following is the definition for all convictions occurring after June 30, 2021.

(B.4) “Dangerous sexual offense” with respect to convictions occurring after June 30, 2021, means any criminal offense, or the attempt to commit any criminal offense, under Title 16 as specified in this subparagraph or any offense under federal law or the laws of another state or territory of the United States which consists of the same or similar elements of the following offenses:
- (i) Aggravated assault with the intent to rape in violation of Code Section 16-5-21;
- (ii) 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;
- (iii) Trafficking an individual for sexual servitude in violation of Code Section 16-5-46;
- (iv) Rape in violation of Code Section 16-6-1;
- (v) Sodomy in violation of Code Section 16-6-2;
- (vi) Aggravated sodomy in violation of Code Section 16-6-2;
- (vii) Statutory rape in violation of Code Section 16-6-3, if the individual convicted of the offense is 21 years of age or older;
- (viii) Child molestation in violation of Code Section 16-6-4;
- (ix) Aggravated child molestation in violation of Code Section 16-6-4;
- (x) Enticing a child for indecent purposes in violation of Code Section 16-6-5;
- (xi) Improper sexual contact by employee or agent in the first or second degree or improper sexual contact by person in a position of trust in the first or second degree in violation of Code Section 16-6-5.1, unless the punishment imposed was not subject to Code Section 17-10-6.2;
- (xii) Incest in violation of Code Section 16-6-22;
- (xiii) A second or subsequent conviction for sexual battery in violation of Code Section 16-6-22.1;
- (xiv) Aggravated sexual battery in violation of Code Section 16-6-22.2;
- (xv) Sexual exploitation of children in violation of Code Section 16-12-100;
- (xvi) Computer pornography and child exploitation in violation of Code Section 16-12-100.2;
- (xvii) A second or subsequent conviction for obscene telephone contact in violation of Code Section 16-12-100.3; or
- (xviii) Any conduct which, by its nature, is a felony sexual offense against a victim who is a minor or an attempt to commit a felony sexual offense against a victim who is a minor.

(C) For purposes of this paragraph, a conviction for a misdemeanor shall not be considered a dangerous sexual offense, and conduct which is adjudicated in juvenile court shall not be considered a dangerous sexual offense.

O.C.G.A § 42-8-35(b) Terms and conditions of probation; supervision

(b) In determining the terms and conditions of probation for a probationer who has been convicted of a criminal offense against a victim who is a minor or dangerous sexual offense as those terms are defined in Code Section 42-1-12, the court may provide that the probationer shall be:
- (1) Prohibited from entering or remaining present at a victim’s school, place of employment, place of residence, or other specified place at times when a victim is present or from loitering in areas where minors congregate, child care facilities, churches, or schools as those terms are defined in Code Section 42-1-12;
- (2) Required, either in person or through remote monitoring, to allow viewing and recording of the probationer’s incoming and outgoing email, history of websites visited and content accessed, and other internet based communication;
- (3) Required to have periodic unannounced inspections of the contents of the probationer’s computer or any other device with internet access, including the retrieval and copying of all data from the computer or device and any internal or external storage or portable media and the removal of such information, computer, device, or medium;
- (4) Prohibited from seeking election to a local board of education; and
- (5) Prohibited from possessing, owning, or operating an unmanned aircraft system as defined in Code Section 42-1-18.

O.C.G.A § 42-1-12 State Sexual Offender Registry

(a) As used in this article, the term:
- (3) “Area where minors congregate” shall include all public and private parks and recreation facilities, playgrounds, skating rinks, neighborhood centers, gymnasiums, school bus stops, public libraries, and public and community swimming pools.
- (6) “Child care facility” means all public and private pre-kindergarten facilities, child care learning centers, preschool facilities, and long-term care facilities for children.
- (6.1) “Child care learning center” shall have the same meaning as set forth in paragraph (2) of Code Section 20-1A-2.
- (7) “Church” means a place of public religious worship.
- (18) “School” means all public and private kindergarten, elementary, and secondary schools.
- (19) “School bus stop” means a school bus stop as designated by local school boards of education or by a private school.