X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Mercier, Judge.Tyrone Grace was convicted of trafficking a person for sexual servitude, aggravated child molestation, and pandering for a person under 18 years of age.[1] He appeals, challenging the sufficiency of the evidence supporting his sex trafficking conviction. He also claims that the trial court erred in imposing sentence. For reasons that follow, we affirm.   1. On appeal from a criminal conviction, we construe the evidence in the light most favorable to the verdict, and the defendant no longer enjoys a presumption of innocence. See Ferguson v. State, 335 Ga. App. 862, 863 (1) (783 SE2d 380) (2016). We do not weigh the evidence or resolve issues of witness credibility, but merely determine whether the evidence was sufficient for the jury to find the defendant guilty beyond a reasonable doubt. See id.So viewed, the evidence shows that in the spring of 2016, 15-year-old A. W. was a troubled youth who had run away from home on numerous occasions, spent time in behavioral treatment facilities, and often begged for money in her neighborhood. On the night of April 25, 2016, A. W. went to a gas station near her apartment to beg for money. At some point, a car occupied by Grace and two other men arrived. Grace went inside the store attached to the gas station, and the other two individuals spoke with A. W., who got into the car with them. When Grace returned, the men drove A. W. to a hotel. Grace left the car, and A. W. performed oral sex on the driver in the hotel parking lot. Grace then called the driver’s cell phone to inform A. W. that he was in a particular room in the hotel.A. W. went to the room, where she found Grace, another man, and a woman. Grace took A. W. to a nearby restaurant, bought her food, and gave her money. They returned to the hotel, and A. W. asked Grace for more money, but Grace told her “to wait.” Eventually, A. W. stated: “I will perform oral sex with you if you give me more money.”   They went into the bathroom, and A. W. place her mouth on Grace’s penis until he ejaculated. After she completed the act, Grace handed A. W. a $100 bill. The woman in the room, however, demanded that A. W. give her the money, threatening to harm A. W. if she did not comply. A. W. surrendered the $100 bill to the woman and also gave Grace other cash that she had on her person. A. W. asked whether she could have her money back, but Grace “just stared” at her. A. W. screamed, and the woman pointed a gun at her, then dragged her by her hair out of the hotel room. A. W. ran from the scene and called the police. Based on the evidence presented, the jury found Grace guilty of trafficking a person for sexual servitude, aggravated child molestation, and pandering for a person under 18 years old.   Grace now challenges the sufficiency of the evidence supporting his sex trafficking conviction. With respect to that charge, the indictment alleged that Grace “did knowingly obtain [A. W.], a person under the age of 18 years, for the purpose of sexual servitude,” in violation of OCGA § 16-5-46 (c) (2015).[2] Focusing on the indictment’s use of the term “obtain,” Grace argues that the State offered no evidence that he ever “obtained” A. W. We disagree.Pursuant to OCGA § 16-5-46 (c) (2015), “[a] person commits the offense of trafficking a person for sexual servitude when that person . . . knowingly . . . obtains by any means another person for the purpose of sexual servitude.” The statute defines “sexual servitude” as, among other things,[a]ny sexually explicit conduct or performance involving sexually explicit conduct for which anything of value is directly or indirectly given, promised to, or received by any person, which conduct is . . . induced or obtained from a person under the age of 18 years[.]

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
June 20, 2024
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
April 18, 2024
New York, NY

Join the industry's top owners, investors, developers, brokers & financiers at THE MULTIFAMILY EVENT OF THE YEAR!


Learn More
April 25, 2024
Dubai

Law firms & in-house legal departments with a presence in the middle east celebrate outstanding achievement within the profession.


Learn More

Atlanta s John Marshall Law School is seeking to hire one or more full-time, visiting Legal WritingInstructors to teach Legal Research, Anal...


Apply Now ›

Lower Manhattan firm seeks a premises liability litigator (i.e., depositions, SJ motions, and/or trials) with at least 3-6 years of experien...


Apply Now ›

Join the Mendocino County District Attorney s Office and work in Mendocino County home to redwoods, vineyards and picturesque coastline. ...


Apply Now ›
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
04/08/2024
Daily Report

Daily Report 1/2 Page Professional Announcement 60 Days


View Announcement ›