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Schlomer v. State

The defendant could not be convicted for contributing to the delinquency of a minor under O.C.G.A. § 16-12-1 b 1 because the minors all testified that they did not commit any delinquent acts.

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Tony Eugene Schlomer, pursuant to the grant of an interlocutory appeal, appeals the denial of his motion for a directed verdict of acquittal in a bench trial and his motion to quash an accusation charging him with five counts of contributing to the delinquency of a minor. He contends he cannot be convicted of the crimes charged because the State neither alleged nor proved that the victims had committed delinquent acts, and the alleged victims all testified that they did not commit any of the delinquent acts alleged.

The accusation charged Schlomer, a public school bus driver, with committing the crime of contributing to the delinquency of a minor in that he did: 1 “encourage J. L. P., a minor under the age of 17 years, to be delinquent by explicitly instructing her on how to have sexual intercourse with three men simultaneously”; 2 “encourage S. L. V., a minor under the age of 17 years, to be delinquent by explicitly instructing her on how to have sexual intercourse with three men simultaneously”; 3 “encourage J. L. P., a minor under the age of 17 years, to be delinquent by telling her she could bring a liquor drink on the bus”; 4 “encouraging S. L. V., a minor under the age of 17 years, to be delinquent by talking to her about how long his penis is and how he would hurt her if they were to engage in sexual intercourse”; and 5 “encouraging E. N. B., a minor under the age of 17 years, to be delinquent by talking to her about how long his penis is and how he would hurt her if they were to engage in sexual intercourse.”

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