Scarborough v. State
317 Ga. App. 523
| Ga. Ct. App. | 2012Background
- Scarborough was convicted after a bench trial of 21 counts of sexual exploitation of a minor under OCGA § 16-12-100 (b)(8).
- A CD labeled “Jimmy’s Pics and Music 2006” containing child-pornography was discovered in a former motel manager’s apartment and ultimately linked to Scarborough.
- The CD was found in August 2008; the motel staff notified police after viewing explicit images including Scarborough and his family.
- Scarborough admitted owning the CD and downloading child pornography during custodial interrogation.
- The State introduced photographs to prove lustful disposition and argued the photographs depicted sexually explicit conduct by minors.
- The trial court admitted the photographs over objection, and the court convicted Scarborough on the challenged counts; the court later denied his new-trial motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence for three counts | Scarborough: photos not lewd; not a lewd exhibition of genitals | Scarborough: images not showing lewd exhibition under statute | Sufficient evidence supports the lewd-exhibition element. |
| Admission of photographs as evidence of lustful disposition | State probative and relevant to state of mind | Admission was an abuse of discretion | Harmless error given overwhelming evidence of guilt. |
Key Cases Cited
- Craft v. State, 252 Ga. App. 834 (Ga. App. 2001) (lewd exhibition of genitals can be supported by circumstantial evidence depending on circumstances)
- Phillips v. State, 269 Ga. App. 619 (Ga. App. 2004) (photographs of minors nude may be lewd depending on context)
- Goss v. State, 305 Ga. App. 497 (Ga. App. 2010) (standard of review for sufficiency of evidence on appeal)