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Howard v. State

The solicitation of sodomy statute, O.C.G.A. § 16-6-15, is constitutional.

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The question for decision in this appeal is whether Powell v. State,1 which struck down the sodomy statute insofar as it applies to private, non-commercial acts between consenting adults,2 impliedly struck down the solicitation of sodomy statute.3 We hold that it did not.

The victim, a waitress, was cleaning the men’s room of a restaurant when defendant Howard entered. The waitress told Howard that she was cleaning the restroom but would be finished in a few minutes. Howard turned, locked the door, “and would not let the waitress out.” Howard told the waitress that “he knew that she wanted it” and he offered her $20 for a “blow job.” The victim said “no” and shoved the money back at Howard. Then Howard pulled down his pants, exposed his genitals, grabbed the waitress, and tried to force her to perform oral sex. The waitress resisted; Howard took her head and banged it against the wall. When another person knocked on the restroom door, the waitress was able to open the door and escape.

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