If a parent or some other person filed a complaint, Yes, the 17 year old could be charged with statutory rape; Under Georgia law it would be considered a "Misdemeanor" due to the fact that he is under the age of 18. Whether or not jail time would be part of the sentencing would be up to a judge. Below is the Georgia Code. (Law) Chapter 16 Section 6-3(c)would apply to your situation. 16-6-3. (a) A person commits the offense of statutory rape when he or she engages in sexual intercourse with any person under the age of 16 years and not his or her spouse, provided that no conviction shall be had for this offense on the unsupported testimony of the victim. (b) Except as provided in subsection (c) of this Code section, a person convicted of the offense of statutory rape shall be punished by imprisonment for not less than one nor more than 20 years; provided, however, that if the person so convicted is 21 years of age or older, such person shall be punished by imprisonment for not less than ten nor more than 20 years. Any person convicted under this subsection of the offense of statutory rape shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2. (c) If the victim is at least 14 but less than 16 years of age and the person convicted of statutory rape is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor.

Your ages at the time of the first sexual contact should be considered as you read the laws discussed below. Georgia Law - a person commits the offense of statutory rape when he or she engages in sexual intercourse with any person under the age of 16 years and not his or her spouse. A person convicted of the offense of statutory rape shall be punished by imprisonment for not less than one nor more than 20 years; provided, however, that if the person so convicted is 21 years of age or older, such person shall be punished by imprisonment for not less than ten nor more than 20 years. If the victim is at least 14 but less than 16 years of age and the person convicted of statutory rape is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor.

The child molestation law in Georgia reads "any immoral or indecent act...with the intent to satisfy the sexual desires of either the child or the person," so a peck on the lips or holding hands wouldn't apply. However, touching of sexual organs, buttocks, her breasts, etc., would be prohibited by law. Oral sex is also prohibited, carrying a 10-30 year sentence. The restrictions apply until she turns 16, the age of consent in Georgia.