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Jonesv.The State

CourtSupreme Court of Georgia
Docket No.S19A1248
DecidedDecember 23, 2019
Reporter307 Ga. 505
JudgesSupreme Court of Georgia
Tags
CriminalCriminal LawCriminal ProcedureSex CrimesTales From the CryptConstitutional LawEighth AmendmentSentencing
Case Summary

Jacob Jones was convicted in a bench trial of three counts of felony sexual battery involving a fifteen-year-old girl. The evidence showed that Jones, who was eighteen, touched the girl’s intimate areas over her clothing without her consent. He challenged the sufficiency of the evidence and argued that Georgia’s felony-sexual-battery sentencing scheme violated equal protection and the prohibitions against cruel and unusual punishment because it lacked a teenage “Romeo and Juliet” exception. The Georgia Supreme Court affirmed. It held that the evidence authorized the convictions and that Jones was not similarly situated to defendants whose conduct fell within different statutory exceptions for consensual conduct. The Court also held that his concurrent five-year probated first-offender sentences were not grossly disproportionate to the offenses. The Court reviewed the sentence actually imposed rather than a harsher sentence Jones might have received. Justice Peterson concurred, noting his continuing skepticism about the analytical approach to the Georgia Constitution’s Cruel and Unusual Punishment Clause but agreeing that Jones’s challenge failed.

Opinion

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