Craft v. State
324 Ga. App. 7
Ga. Ct. App.2013Background
- Defendant Jerry Andrew Craft (grandfather) was convicted by a Turner County jury of three counts of child molestation (OCGA § 16-6-4) and one count of enticing a child for indecent purposes (OCGA § 16-6-5).
- Counts alleged: (1) asking the child if she had pubic hair while attempting to touch her vaginal area; (2) asking the child if she wanted to touch his penis while exposing it; (3) attempting to kiss the child on the lips; (4) taking the child to his residence for the purpose of committing molestation.
- Victim (under age 12) testified that Craft took her to his house to change clothes, then asked sexual questions, attempted to touch her vagina, exposed his penis and asked her to touch it, and tried to kiss her.
- The victim’s trial testimony was consistent with prior statements to a social services case manager, a forensic interviewer, and her mother.
- Craft moved for a new trial challenging sufficiency of the evidence; the trial court denied the motion and the convictions were affirmed on appeal.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Craft) | Held |
|---|---|---|---|
| Sufficiency for child molestation (Counts 1–3) | Victim’s testimony and corroborating statements show immoral/indecent acts and intent to arouse Craft’s sexual desires | Asking an inexplicit question and unsuccessful attempts cannot constitute child molestation | Affirmed — jury could find immoral/indecent acts and intent beyond a reasonable doubt |
| Sufficiency for enticing a child for indecent purposes (Count 4) | Taking the child to Craft’s home plus intent to molest (from Count 1–3 evidence) satisfies statute | No evidence showed he took the child there for anything other than changing clothes | Affirmed — evidence of intent to molest combined with the taking was sufficient |
Key Cases Cited
- Short v. State, 234 Ga. App. 633 (describing sufficiency review standard in state cases)
- Jackson v. Virginia, 443 U.S. 307 (establishes standard for sufficiency of the evidence)
- Wormley v. State, 255 Ga. App. 347 (explains immoral/indecent acts protecting a child’s body)
- Carolina v. State, 276 Ga. App. 298 (verbal sexual contact can constitute child molestation)
- Arnold v. State, 249 Ga. App. 156 (intent may be inferred from conduct)
- Dennis v. State, 158 Ga. App. 142 (taking a child for indecent acts may be proved even without evidence of persuasion)