Warren v. Georgia
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Appellant Charles Warren was indicted for sending an unsolicited text message containing an image of his genitalia to a woman without notifying her in advance that the message contained nudity. Appellant filed a general demurrer, arguing that OCGA 16-12-81 did not criminalize his conduct, and filed three motions to quash the indictment. The trial court denied appellant's demurrer and his motions to quash, and he appealed. The Supreme Court concluded that appellant was correct that OCGA 16-12-81 did not criminalize his conduct: "[t]he specific prohibition is clearly aimed at tangible material that is delivered in a tangible manner . . . and because appellant did not send anything through the mail, he did not violate this prohibition."
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