May v. State

761 S.E.2d 38, 295 Ga. 388, 2014 WL 2924949, 2014 Ga. LEXIS 537
Supreme Court of Georgia·Decided June 30, 2014·No. S14A0309·Published·Cited by 57 cases

Opinion

Blackwell, Justice.

This case concerns the meaning of OCGA § 19-7-5, whichrequires school teachers 1 and certain other persons, 2 if they have “reasonable cause to believe that a child has been abused,” to make a report of *389 such abuse. OCGA § 19-7-5 (c) (1) (H). The statute defines “child abuse” to include “[s]exual abuse of a child,” 3 OCGA § 19-7-5 (b) (4) (C), and it defines “sexual abuse” to include nine specified varieties of sexual activity involving a child. 4 OCGA § 19-7-5 (b) (10) (A)-(I). The statute makes it a crime for a person required to make such a report to “knowingly and willfully fail[ ] to do so.” OCGA § 19-7-5 (h).

According to the record, Kristin Lynn May was employed as a teacher at River Ridge High School, a public secondary school in the Cherokee County School District. In January 2011, May spoke with a former student — P. M., then sixteen years of age — who no longer was enrolled as a student at River Ridge, and who recently had transferred to a school in the Fulton County School District. As they spoke, P. M. disclosed that she previously had a sexual relationship with Robert Leslie Morrow, a paraprofessional at River Ridge. No one appears to dispute that this relationship involved sexual activities that are defined in OCGA § 19-7-5 (b) (10) as “sexual abuse.” May, however, did not make any report of the sexual abuse.

When these circumstances later came to the attention of law enforcement, May was charged by accusation with a criminal viola *390 tion of OCGA § 19-7-5. In pertinent part, the accusation 5 alleged that May:

[I]n Cherokee County, Georgia, in January 2011, did unlawfully then and there commit the offense of FAILURE TO REPORT CHILD ABUSE, by being a school teacher, a mandatory reporter within the meaning and purview of [OCGA § 19-7-5 (c) (1)], and knowingly and willfully failing to report a case of suspected child abuse, to wit, sexual abuse, against a student, [P. M.] ....

In response to the accusation, May filed a demurrer and plea in bar, contending that the accusation charged no crime as a matter of law. When the trial court heard argument on the demurrer and plea in bar, the State and May stipulated to certain facts in addition to those alleged explicitly in the accusation, including that P. M. — by the time she spoke with May in January 2011 and disclosed her sexual relationship with Morrow — no longer was a student at River Ridge. Because P. M. was not then enrolled at River Ridge, May argued, she had no duty under OCGA § 19-7-5 (c) (1) to make a report.

The trial court denied the demurrer and plea in bar, reasoning that a school teacher is required to report the abuse of any child, even one with whom the teacher has no relationship at all. According to the trial court, to prove a violation of OCGA § 19-7-5 in this case, the State would only be required to prove:

(1) that [May] was a teacher, (2) that [May] knew or suspected one or more instances of child abuse as defined in OCGA § 19-7-5, (3) that [May] failed to report the abuse, and (4) that the crime occurred in Cherokee County.

In the alternative, the trial court reasoned that, even if a relationship with the child were required, proof that May had taught P. M. in the past would be enough to establish such a relationship. The trial court certified its denial of the demurrer and plea in bar for immediate review, and May filed an application with the Court of Appeals for leave to take an interlocutory appeal. 6 The Court of Appeals denied that application in an unreported order, and May then filed a petition for a writ of certiorari in this Court. We granted the petition to consider whether the obligation to report abuse under OCGA § 19-7-5 *391 (c) (1) extends to all children or instead is limited to children to whom the reporter has a duty to attend. 7 For the reasons that follow, we conclude that the obligation is limited, and school teachers and other reporters only have an obligation to report the abuse of children to whom they attend in connection with the profession, occupation, employment, or volunteer work by which they are identified in subparagraphs (c) (1) (A)-(O) as a mandatory reporter.

Our inquiry into the scope of the obligation under OCGA § 19-7-5 (c) (1) begins, of course, with the words of that provision. Paragraph (c) (1) says that mandatory reporters “having reasonable cause to believe that a child has been abused shall report or cause reports of that abuse to be made as provided in this Code section.” If we stopped there, it would be easy enough to conclude — just as the trial court in this case did •— that the obligation of a mandatory reporter extends to any child of whom the reporter learns of abuse. After all, looking only to the words of paragraph (c) (1), the statutory reference to “a child” would seem to refer to any child at all, even a child not connected in any way with the reporter. But it would be a mistake to end our analysis without first considering the full context of those words.

Free access — add to your briefcase to read the full text and ask questions with AI

May v. State, 761 S.E.2d 38, 295 Ga. 388, 2014 WL 2924949, 2014 Ga. LEXIS 537 (Ga. 2014).

761 S.E.2d 38 (May v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

NORTH AMERICAN SENIOR BENEFITS, LLC v. WIMMER
906 S.E.2d 373 (Supreme Court of Georgia, 2024)
State v. COOK (Six Cases)
317 Ga. 659 (Supreme Court of Georgia, 2023)
City of Winder v. Barrow County
Court of Appeals of Georgia, 2022
Elmer Moffitt v. State
Court of Appeals of Georgia, 2021
Gray v. State
850 S.E.2d 36 (Supreme Court of Georgia, 2020)
In the Interest of A.L., a Child
Court of Appeals of Georgia, 2020
Johnson v. State
839 S.E.2d 521 (Supreme Court of Georgia, 2020)
COEN v. APTEAN, INC.
838 S.E.2d 860 (Supreme Court of Georgia, 2020)
Mobley v. State
307 Ga. 59 (Supreme Court of Georgia, 2019)
FEDERAL DEPOSIT INSURANCE CORPORATION v. LOUDERMILK
305 Ga. 558 (Supreme Court of Georgia, 2019)
Fed. Deposit Ins. Corp. v. Loudermilk
826 S.E.2d 116 (Supreme Court of Georgia, 2019)
MAYS v. the STATE.
814 S.E.2d 418 (Court of Appeals of Georgia, 2018)
LOVELESS v. the STATE.
812 S.E.2d 42 (Court of Appeals of Georgia, 2018)
FRYE v. the STATE.
811 S.E.2d 460 (Court of Appeals of Georgia, 2018)
ABERCROMBIE v. the STATE.
808 S.E.2d 245 (Court of Appeals of Georgia, 2017)