Warren v. State
294 Ga. 589
Ga.2014Background
- Warren was indicted for violating OCGA § 16-12-81 for sending an unsolicited nude image to an adult female without notice that the material depicted nudity.
- He filed a general demurrer and three motions to quash, raising constitutional challenges to the statute; the trial court denied them.
- The court held OCGA § 16-12-81 does not criminalize Warren's conduct as charged.
- The statute’s specific and general prohibitions target tangible material delivered through the mail, not electronic text messages.
- Applying ordinary meaning and noscitur a sociis, the court concluded the general prohibition does not apply to a text message, so the indictment must be dismissed.
- The judgment was reversed and the case remanded for dismissal of the indictment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does OCGA § 16-12-81 apply to electronic text messages? | Warren argues the statute does not cover text messages. | State contends the general prohibition covers sending material depicting nudity. | No; statute does not apply to electronic text messages. |
Key Cases Cited
- Hawkins v. State, 290 Ga. 785 (2012) (distinguishable as to searches; not controlling for statutory construction here)
- Collins v. Mills, 198 Ga. 18 (1944) (statutes applied to new circumstances by ordinary meaning at enactment)
- Hill v. Owens, 292 Ga. 380 (2013) (canons of construction; noscitur a sociis considered)
- Dorsey v. State, 279 Ga. 534 (2005) (general demurrer standard: admit conduct and assess innocence)