Daddario v. GeorgiaAnnotate this Case
Appellant Lawrence Daddario challenged his conviction and sentence of life in prison for aggravated child molestation for having sexual intercourse with his 14-year-old daughter, which resulted in a very painful and potentially life-threatening childbirth approximately nine months later. Appellant did not dispute having sexual intercourse with his daughter, but claims he committed only child molestation, not aggravated child molestation, because aggravated child molestation required an act that “physically injures” the child, and pregnancy and childbirth usually are not considered to be physical injuries. He also claimed his aggravated child molestation conviction violated due process, because the statute is unconstitutionally vague regarding whether an act of child molestation that causes a child under the age of 16 to endure childbirth can “physically injure” the child. Alternatively, he claimed he was entitled to a new trial on the aggravated child molestation charge due to the erroneous admission at trial of incriminating statements that he made to a volunteer court-appointed special advocate (“CASA”) who spoke with him when he was in jail and represented by counsel in his criminal case without first advising him of his Miranda rights. The Georgia Supreme Court rejected both of Appellant's arguments and affirmed his conviction and sentence for aggravated child molestation.