Jason Prophitt was convicted of child molestation after evidence showed that he watched a child shower through a hole in the bathroom floor while masturbating beneath the house. The appeal challenged the sufficiency of the evidence and the denial of a directed verdict. The Court of Appeals held that Georgia’s child-molestation statute requires the accused and child to be together for an act to occur “in the presence of” the child. Applying that statutory language and the Supreme Court of Georgia’s decision in Vines, the court concluded that Prophitt was physically separated from the child even though he could see the shower and allegedly knew the child was there. The court emphasized that the conduct was reprehensible and might have supported a prosecution for criminal invasion of privacy, but the State had charged only child molestation. Because the evidence did not establish the statutory presence element, the court reversed the conviction. The presiding judge concurred, and another judge concurred in the judgment only.