Scott v. GeorgiaAnnotate this Case
Appellant Jack Scott was indicted in January 2015 on two counts of "obscene Internet contact with a child," arising from alleged sexually explicit online communications in which he took part in late 2013 with a minor under the age of 16. Scott filed a general demurrer, contending that OCGA 16-12-100.2 (e) was unconstitutionally overbroad in violation of the right to free speech guaranteed under the First Amendment to the United States Constitution. The trial court denied the demurrer by granted a certificate of immediate review. Scott then filed an application for interlocutory appeal. After granting that application and reviewing the trial court record, the Georgia Supreme Court held that, when properly construed, subsection (e) did not effect a real and substantial constraint upon constitutionally protected expression. Subsection (e) therefore did not on its face violate the First Amendment, and the trial court properly denied Scott’s demurrer.