Roman v. State

Carley, Judge,

concurring specially.

I concur fully in Divisions 1 and 2 of the majority opinion. With regard to Division 3, I agree that there was no error in failing to give the appellant’s request to charge on aggravated child molestation. However, the failure to give the charge was not error simply because aggravated child molestation requires proof that the victim was under the age of 14, an element not required in the offense of aggravated sodomy. Accordingly, aggravated child molestation is not a lesser included offense of aggravated sodomy. Hill v. State, 246 Ga. 402, 405 (III) (271 SE2d 802) (1980). There was no error in failing to give the requested charge.

I am authorized to state that Judge Beasley joins in this special concurrence.