Wilson v. State

Wilson v. State, 652 S.E. 2d 501, 282 Ga. 520 (2007) was a Georgia court case brought about to appeal the aggravated child molestation conviction of Genarlow Wilson (born April 8, 1986, to Juanessa Bennett and Marlow Wilson).

Wilson v. State
CourtMonroe County Superior Court
Full case nameGenarlow Wilson v. State of Georgia
DecidedApril 28, 2006
Case history
Prior action(s)State v. Wilson (trial in Douglas Superior Court); Wilson v. State 279 Ga. App. 459 (appeal to Court of Appeals of Georgia); Wilson v. State 2006 Ga. LEXIS 1036 (application to Supreme Court of Georgia for certiorari denied)
Subsequent action(s)Appeal granted Supreme Court of Georgia October 26, 2007
Court membership
Judge(s) sittingJudge Thomas Wilson
Case opinions

  • new conviction of "misdemeanor aggravated child molestation" substituted for original conviction of "aggravated child molestation"

Wilson was convicted of aggravated child molestation in 2005, after, at the age of 17, he had engaged in oral sex with a 15-year-old at a New Year's Eve party, an offense carrying a mandatory penalty of 10 years' imprisonment.

At the time of his conviction, provisions for similarity in age that allowed underage consent to be taken into account were only applicable to vaginal sex. Because the case involved oral sex, the consent of the girl was not at that time legally relevant.

On October 26, 2007, the Georgia State Supreme Court, while not overturning the conviction itself, ruled that Wilson's sentence was disproportionate. He was released later that day, after serving over 4 years of his 10-year prison sentence in the Al Burruss Correctional Training Center in Forsyth, Georgia.

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