State v. McDowell

Phipps, Judge.

Charles McDowell filed a general demurrer against an indictment charging him with three counts of child molestation. After a hearing, the trial court granted the demurrer. Because this ruling was error,1 we reverse.

The relevant Code section, OCGA § 16-6-4, states in pertinent part: “A person commits the offense of child molestation when such person . . . [d]oes any immoral or indecent act to or in the presence of or with any child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person.”2 Tracking the statutory…