Orr v. State

Bernes, Judge.

Jimmy Orr was convicted by a Hall County jury of statutory rape and sentenced by the trial court to five years probation under the First Offender Act, OCGA§ 42-8-60 et seq. Orr appeals, contending that the trial court erred in denying his request to charge the jury on misdemeanor statutory rape and in imposing a felony sentence. We find no error and affirm.

A person commits the offense of statutory rape when he or she engages in sexual intercourse with any person under the age of 16 years and not his or her spouse, provided that no conviction shall be had for this offense on the…