Prescott v. State
309 Ga. App. 541
Ga. Ct. App.2011Background
- Prescott appeals his child molestation conviction and argues age proof and venue were insufficient.
- Indictment charged aggravated child molestation for sodomy with a victim under 16; conviction for the lesser offense of child molestation.
- Victim did not testify; probation worker testified victim was 13 at trial.
- Trial court sentenced to fifteen years with five to serve and ten years' probation.
- Court held age element proven but venue not proven; judgment reversed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the victim’s under-16 age proven beyond reasonable doubt? | Prescott | Prescott argues age was not proven | Age proven beyond reasonable doubt |
| Was venue proved beyond a reasonable doubt? | State | Screven County High School location not shown in county | Venue not proven; judgment reversed |
Key Cases Cited
- Terrell v. State, 245 Ga.App. 291 (2000) (establishes age proof as essential element in child molestation)
- Willingham v. State, 296 Ga.App. 89 (2009) (hearsay/knowledge basis for age testimony permissible)
- Floyd v. State, 100 Ga.App. 453(1) (1959) (hearsay/competence considerations in age testimony)
- Thompson v. Brown, 288 Ga. 855 (2011) (venue is a jurisdictional element; must prove county where crime occurred)
- Jones v. State, 272 Ga. 900 (2000) (reaffirms venue requirements and reversal when not proven)
- Robinson v. State, 260 Ga.App. 186 (2003) (venue evidence required to establish crime locale)