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Skelhorn v. State

The evidence showed that the defendant had obscene Internet contact with a person he believed to be a child by way of an on-line messaging service, in violation of the Computer or Electronic Pornography and Child Exploitation Prevention Act of 2007.

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After a jury trial, Andrew Skelhorn was convicted of three counts of violating OCGA § 16 12 100.2, the Computer or Electronic Pornography and Child Exploitation Prevention Act of 2007. He appeals his convictions, arguing that the state failed to prove that he used a “computer on-line service” as alleged in the obscene Internet contact counts of the indictment. We find that the evidence was sufficient to prove that Skelhorn used an on-line messaging service, which the statute expressly includes in the list of examples of computer on-line services. Skelhorn argues that count one of the indictment, which charged him with using an Internet chat room to attempt to solicit, lure, and entice a child, was defective because it failed to allege the use of a computer on-line service. An Internet chat room is expressly listed as a kind of computer on-line service, so the indictment was not defective. For this reason, we reject Skelhorn’s argument that the trial court should have included the term “computer on-line service” when it instructed the jury on this count. We agree with Skelhorn that this count required proof that he took a substantial step toward committing the crime, but we find that the evidence was sufficient to allow a jury to find that he took a substantial step. Finally, Skelhorn argues that the trial court erred by denying his motion to suppress. By affirmatively stating that he had no objection to the admission of the evidence he sought to suppress, he has waived this argument. We therefore affirm the convictions.

1. Evidence.

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