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Thompson v. State

Evidence that defendant gave a 15-year-old girl a ride to his apartment while she was skipping school did not support his conviction for interfering with child custody by enticing a child away from her mother.

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After a bench trial, Joseph Thompson, III, was convicted of interference with child custody and sexual battery. Thompson challenges the sufficiency of the evidence to support the convictions and the admission of similar transaction evidence to prove the interference with custody charge. We agree that the evidence was insufficient to support the interference with custody conviction, and that conviction is reversed. However, the evidence was sufficient to support the sexual battery conviction, and that conviction is affirmed.

1. Under OCGA § 16-5-45 b 1 A, a person commits the offense of interference with custody when, without lawful authority to do so, he knowingly or recklessly takes or entices a child away from the individual who has lawful custody of the child. OCGA § 16-5-45 a 1 defines “child” as an individual under the age of 17 years, and a 3 defines “lawful custody” as, inter alia, that custody inherent in the natural parents. In the accusation, the state charged Thompson with enticing a child away from her mother, the lawful custodian.

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