Jackson v. State, 301 Ga. 137

In 2004 Jackson pled guilty to statutory rape, registered as a sexual offender, and was told to update registration within 72 hours of any change of address.
In 2011 Jackson moved and did not register his new address within the statutory period; he was indicted in Houston County for "Failure to register as a sex offender."
The one-count indictment cited OCGA § 42-1-12 and alleged Jackson "did fail to register his change of address with the Houston County Sheriff’s Office within 72 hours of the change as required under OCGA § 42-1-12."
At trial Jackson demurred to the indictment; the trial court denied the demurrer, a jury convicted him, and he was sentenced to 30 years (6 incarcerated, 24 on probation).
The Court of Appeals upheld the conviction, reasoning an indictment alleging violation of a statute is sufficient because a defendant could not admit violation of the statute and still be innocent.
The Georgia Supreme Court granted certiorari and reversed: it held the indictment was fatally defective because it failed to allege the essential factual elements (e.g., prior registration, whether the move was intra-county or inter-county, and which statutory subsection was implicated).

Issue	State's Argument	Jackson's Argument	Held
Whether an indictment that merely alleges violation of a multi-part statute (OCGA § 42-1-12) is sufficient to withstand a general demurrer	Indictment need only reference the statute; an accused cannot admit violating the statute and be innocent, so the charge suffices	Indictment fails to allege essential elements or operative facts required by the statute, so it is fatally defective	Reversed: indictment insufficient because it did not allege the essential factual elements of the charged offense (overruled Court of Appeals precedent to contrary effect)
Whether the indictment adequately informed defendant and protected due process and double jeopardy interests	Referencing the statute provides adequate notice of the crime and facts to be defended	Indictment lacked notice: did not allege prior registration, whether move was within same county or to another county, or the specific subsection violated	Held that mere statutory reference is inadequate; indictment must recite statutory elements or allege facts establishing each essential element

Hames v. Henderson, 287 Ga. 534 (restating principle that an indictment must allege all essential elements to satisfy due process)
Dixson v. State, 313 Ga. App. 379 (Court of Appeals decision applying an "in violation of" standard)
Shabazz v. State, 291 Ga. App. 751 (Court of Appeals adopting the view that statutory reference alone can suffice; overruled to the extent it so held)
Relaford v. State, 306 Ga. App. 549 (example of an indictment that properly alleged prior conviction, prior registration, and the address-change facts)
Davis v. State, 272 Ga. 818 (indictment must use statutory language or allege facts sufficient to advise defendant what to confront)