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JONES v. STATE12/20/1996
exual intercourse is defined as " ny act of sexual gratification between persons not married to each other involving the sex organs of one person and the mouth or anus of, another." Ala. Code 1975, § 13A-6-60(2). Section 13A-6-66(a)(3) provides that a person is guilty of sexual abuse in the first degree if he is 16 years old or older and subjects another person who is less than 12 years old to sexual contact. Sexual contact is defined as " ny touching of the sexual or other intimate parts of a person not married to the actor, done for the purpose of gratifying the sexual desire of either party." § 13A-6-60(3), Ala. Code 1975. Section 13A-6-67(a)(2) provides that a person is guilty of sexual abuse in the second degree if he is 19 years old or older and he subjects another person who is less than 16 years old, but more than 12 years old, to sexual contact.
The evidence presented at trial by the state is perhaps best summarized in the trial court's sentencing order. We quote:
"The evidence indicated that Mr. Jones repeatedly took advantage of [M.C.] while she was staying overnight in his home and at other times and places when they were together as a family. The testimony was explicit with respect to the oral sex which involved Mr. Jones coaxing or requiring [M.C] to place his penis into her mouth often to the point of and including ejaculation into her mouth. [M.C.] testified as she became older the sexual conduct advanced to sexual intercourse in conjunction with marijuana use. The testimony included descriptions of videotaping of sex acts and the photographing of [M.C.] in the nude. The testimony regarding the existence of the photographs and an audio-tape recording of a telephone conversation with [M.C.] corroborating the defendant's possession of such photographs, was particularly revealing of the guilt of the Defendant.
"Additionally, [M.C] accurately described the existence of a mole located on the scrotum of the defendant which was photographed pursuant to a search warrant and admitted into evidence. This evidence established that the victim had knowledge of the defendant's genital characteristics."
(C.R.240 241). (Footnote omitted.)
We find that the evidence introduced by the state was sufficient to establish a prima facie case with regard to each crime as to
which the appellant was found guilty by the jury. Accordingly, we will not reverse the judgment of the trial court.
For the above-stated reasons, the judgment of the trial court is due to be, and is hereby, affirmed.
AFFIRMED.
All the Judges concur.
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