Coalson v. State

Defendant's indictments for sexual exploitation of children under O.C.G.A. § 16-12-100 b 5 were not required to name a specific victim because the victim under that statute is the public at large.

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Byron Herbert Coalson, III, appeals the judgment of conviction and sentence entered following his jury trial. He contends that the trial court erred in denying his motion for new trial, in overruling his special demurrer to the indictment, and that the evidence did not support the verdict. On August 8, 2000, Coalson was convicted of one count of child molestation Count 1, one count of enticing a child Count 2, two counts of sexual exploitation of children Counts 3 and 4, and one count of sexual exploitation Count 5. On August 30, 2000, Coalson was sentenced to serve a total of 12 years in prison followed by 48 years on probation, with special conditions.

Coalson’s indictment was based on the following: Count 1 was for child molestation, in that he fondled the genitals of J. S., a male child under the age of 16 years, in violation of OCGA § 16-6-4; Count 2 was for enticing said J. S. into accused’s car for the purpose of child molestation, in violation of OCGA § 16-6-5; Count 3 was for the sexual exploitation of children, in that he knowingly reproduced photographs located on the Internet depicting minors under the age of 16, engaged in sexually explicit conduct, to wit: sexual intercourse, masturbation, and the lewd exhibition of genitals, in violation of OCGA § 16-12-100 b 5; Count 4 was for sexual exploitation of children, in that he knowingly reproduced a video located on the Internet depicting a minor under the age of 16, engaged in sexually explicit conduct, to wit: sexual intercourse and masturbation, in violation of OCGA § 16-12-100 b 5; and, Count 5 was for sexual exploitation in that he did intentionally utilize an Internet service to entice J. S., a child under 16 years of age, for the purpose of committing the offense of child molestation, in violation of OCGA § 16-12-100.2.

Coalson v. State

Defendant's indictments for sexual exploitation of children under O.C.G.A. § 16-12-100 b 5 were not required to name a specific victim because the victim under that statute is the public at large.

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