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Mayv.State

CourtSupreme Court of Georgia
Docket No.S14A0309
DecidedJune 30, 2014
Reporter295 Ga. 388, 761 S.E.2d 38
JudgesJustice Blackwell authored the opinion; all Justices concurred
Tags
CriminalCriminal LawCriminal ProcedureStatutory InterpretationAppellate Procedure
Case Summary

Kristin Lynn May, a Cherokee County high-school teacher, learned from a former student that the student had previously engaged in a sexual relationship with a paraprofessional at May’s school. May did not report the disclosure and was charged with violating Georgia’s mandatory-child-abuse-reporting statute, OCGA § 19-7-5. The student was no longer enrolled at May’s school, or in the same school system, when the conversation occurred. The trial court rejected May’s demurrer and plea in bar, reading the statute to require teachers to report abuse of any child. The Supreme Court of Georgia reversed. Reading the reporting provision together with the statute’s institutional-reporting procedure, statutory history, and common-law background, the Court held that a mandatory reporter’s duty is limited to abuse of a child whom the reporter attends to through the profession, employment, or volunteer work that makes the person a mandatory reporter. Because May was not attending to the former student as a school teacher when she learned of the alleged abuse, the State could not prove a violation of the statute on the stipulated facts. The Court reversed the judgment sustaining the accusation; all Justices concurred.

Opinion

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The Far Side
May v. State — The Atlanta Gleaner