Our Plymouth County singles are in the 508/774 area code, and might live in these or other zip codes: 02360, 02361, or 02362 personals.There are thousands of active singles on Date looking to chat right now.During the course of their on-line contact he also transmitted messages containing sexually explicit photographs to Lackey in Fayette County. E.2d 35 (2003), the essential requirement of the rule of lenity is that both crimes could be proved with the same evidence.
Selfe requested a picture of Lackey and she sent him a picture of a teenaged girl. Lackey received training at a seminar held at the National Center for Missing and Exploited Children, as well as through the Georgia Bureau of Investigation and the Federal Bureau of Investigation.2. Lackey told Selfe her 15-year-old girlfriend had introduced her to the website and her friend had met some men. Therefore, the rule of lenity is not applicable to this case and Selfe's conviction of Count 2 is affirmed. Lackey was able to ascertain Selfe's identity by tracing his internet service provider information and contacting that ISP.3. That section provides that a person violates it by[k]nowing or having good reason to know the character of the material furnished, the person electronically furnishes to an individual whom the person knows or should have known is a minor: ․ [a]ny written or aural matter that contains material [which, taken as a whole, predominantly appeals to the prurient, shameful, or morbid interest of minors] or contains explicit verbal descriptions or narrative accounts of sexual conduct, sexual excitement, or sadomasochistic abuse. Count 2 charged Selfe with using MSN Hotmail and MSN Instant Messenger to contact a person believed to be a 15-year-old female and that the contact contained explicit verbal descriptions of sexual conduct which were intended to arouse and satisfy the sexual desires of Selfe. He also said he would not be the one to take her virginity and that he would “talk s-t about it all day long with you [,] but I won't lay a hand on ya.”Selfe testified and acknowledged his familiarity with sexually explicit websites, use of the webcam and internet communications. E.2d 630 (1998), argues that, based on the language of the indictment and the invocation of the child molestation statute, it was necessary for the State to prove that Selfe and “April” were in the physical presence of each other in order to sustain this charge. OCGA § 16-12-100.2(d)(1) provides that[i]t shall be unlawful for any person intentionally or willfully to utilize a computer on-line service or Internet service, including but not limited to a local bulletin board service, Internet chat room, e-mail, on-line messaging service, or other electronic device, to seduce, solicit, lure, or entice, or attempt to seduce, solicit, lure, or entice a child or another person believed by such person to be a child to commit any illegal act described in Code Section 16-6-2, relating to the offense of sodomy or aggravated sodomy; Code Section 16-6-4, relating to the offense of child molestation or aggravated child molestation; Code Section 16-6-5, relating to the offense of enticing a child for indecent purposes; or Code Section 16-6-8, relating to the offense of public indecency or to engage in any conduct that by its nature is an unlawful sexual offense against a child.(Emphasis supplied.) While there are several methods provided in this statute for committing the crime, having chosen a specific one, the State is required to prove that method. The only proof being that Selfe was in Paulding County and Lackey was in Fayette County, the State has failed to show that Selfe and Lackey were in the “presence” of each other, and this conviction must be reversed. In his second enumeration of error, Selfe contends that the State failed to prove venue in Fayette County on both Counts 1 and 2. E.2d 55,[t]he jury was authorized to find that appellant, while at his business in Cherokee County, used his computer to enter an adult chat room where he struck up a conversation with a participant who claimed to be a thirteen-year-old girl but who was actually 29-year-old Cpl.
Asked if he believed the person with whom he was communicating was less than 16, Selfe said he was “[s]keptical at best.” He also acknowledged that he was masturbating on the webcam for somebody he did not know. § 16-6-4 by enticing said person to witness the defendant's act of masturbation, and [sic] act which would constitute an immoral and indecent act in the presence of a child․(Emphasis supplied.)Selfe, citing Vines v. Averments in an indictment as to the specific manner in which a crime was committed are not mere surplusage. Because of our decision in Division 1, we consider this argument only with regard to Count 2. E.2d 55 (2007), that use of computer online services in Fayette County by Selfe, even though he was in Paulding County, is sufficient to prove venue. Heather Lackey of the Peachtree City Police Department.
The argument made by Selfe regarding legal insufficiency of the evidence is addressed only to Count 1, and that is all we address. Such averments must be proved as laid, or the failure to prove the same will amount to a fatal variance and a violation of the defendant's right to due process of law.(Citations and punctuation omitted.) Talton v. That count alleged that Selfe, in Fayette County,did intentionally and willfully utilize a computer on-line service, ․ to contact a person believed by said accused to be a 15 year old female child, and said contact contained explicit verbal descriptions of sexual conduct which were intended to arouse and satisfy the sexual desires of said accused․Although there is no authority directly on point, we are persuaded by the Supreme Court's recent decision in Patel v. During their private chat using an Internet instant messaging service, Lackey repeatedly told appellant that she was thirteen years old; appellant acknowledged this information.
That count charged that Selfe violated OCGA § 16-12-100.2(d)(1) in that hedid intentionally and willfully utilize a computer on-line service, to wit: MSN Hotmail and MSN Instant Message, to solicit a person believed by said accused to be a fifteen year old child to engage in conduct which would constitute a violation of O. Appellant nevertheless utilized computer on-line services in Fayette County to solicit from Lackey acts of fellatio and cunnilingus.
Lackey had established an internet profile as “April” on the website Adult Friend Finder, which listed her age as 20.
The jury, not this Court, resolves conflicts in the testimony, weighs the evidence, and draws reasonable inferences from the evidence. “As long as there is some competent evidence, even though contradicted, to support each fact necessary to make out the State's case, the jury's verdict will be upheld.” (Citation and punctuation omitted.) Miller v. Lackey pursued investigations by using the computer in her Fayette County office to pose as an underage teen in chat rooms on the internet and engaging in e-mail and instant message conversations.
After advising Lackey to be careful online, Selfe asked her if she wanted to see a naughty picture. Count 2 charged a violation of OCGA § 16-12-100.2(e)(1) in that Selfe utilized MSN Hotmail and MSN Instant Messenger to contact a person believed to be a 15-year-old female and that this contact contained explicit verbal descriptions of sexual conduct which were intended to arouse and satisfy the sexual desires of Selfe.4.