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· 11/10/2008

Klausen v. State

Citations

  • 669 S.E.2d 460
  • 294 Ga. App. 463
  • 2008 Fulton County D. Rep. 3800
  • 2008 Ga. App. LEXIS 1266

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • jury could infer from defendant’s actions in the child’s presence that he acted with the intent to arouse or satisfy his own sexual desires
  • whether the defendant’s intention was innocent “or to arouse his own sexual desires . . . was peculiarly a question of fact for determination by the jury” (citation and punctuation omitted)
  • evidence supported child molestation conviction because the defendant masturbated while a child was on a sofa with him, even though the child “may not have been fully aware of what was occurring”
  • child molestation conviction upheld where, although defendant contended victim was unaware of his presence while he masturbated as she watched television, jury could infer that victim was aware of defendant’s actions given his proximity
  • child molestation conviction upheld where, although defendant contended victim was unaware of his presence while he masturbated as she watched television, jury could infer that victim was aware of defendant’s actions given his proximity
  • jury may assess credibility of witnesses and weigh it against other evidence

Source: CourtListener parenthetical corpus (CC0).

Judges: Adams, Smith, Mikell

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.