Clark v. State
323 Ga. App. 706
Ga. Ct. App.2013Background
- Clark was convicted of enticing a child for indecent purposes and contributing to the delinquency of a minor; motion for new trial denied and appealed.
- Victim was 15 years old, an eighth-grade student; Clark taught swimming at the middle school in January 2010.
- On January 22, 2010, after a school meeting, Clark escorted the victim, took her from school, and they traveled to a motel by taxi, train, and bus.
- Clark paid for transportation and arranged a motel stay at the Fulton Inn; the victim believed they were going to drink alcohol and smoke marijuana.
- At the motel, the victim drank liquor and smoked marijuana; Clark allegedly performed oral sex and rape after she was intoxicated.
- The jury acquitted Clark of rape and related charges; the court affirmed the conviction for enticing a child for indecent purposes.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence supports enticement under OCGA § 16-6-5 | Clark contends no act of enticing or taking for indecent purposes was proven. | State argues taking the victim to a place for indecent acts suffices even if enticing is not separately proven. | Yes; evidence supports enticement/taking for indecent purposes. |
Key Cases Cited
- Brown v. State, 318 Ga. App. 334 (2012) (standard for reviewing sufficiency on appeal; evidence viewed in light most favorable to the prosecution)
- Jackson v. Virginia, 443 U.S. 307 (1979) (sufficiency review for due process in criminal cases)
- Dennis v. State, 158 Ga. App. 142 (1981) (taking to place for indecent acts can satisfy OCGA § 16-6-5 even without explicit enticing proof)
- Carolina v. State, 276 Ga. App. 298 (2005) (joint operation requirement in enticement-indeed to prove crime)
- Coker v. State, 164 Ga. App. 493 (1982) (enticing the child away from school for sexual purposes supported by combined evidence)