☢ test - Í

New v. State, 327 Ga.App. 87, 755 S.E.2d 568 (March 27, 2014) Convictions for sexual exploitation of children and related offenses affirmed; evidence that defendant also possessed adult pornography was properly admitted to rebut defense assertion that the pictures on his computer may have been downloaded by defendant’s minor son. “[D]uring rebuttal, the State asked whether New's ex-wife had ever located pornography on the home computer and, upon learning that she had, whether B.N. or his friends were responsible. New's ex-wife responded that the only pornography she located was on the computer she shared with New and that she discovered it upon logging into his password-protected user profile.” Easter v. State, 322 Ga.App. 183, 744 S.E.2d 374 (June 12, 2013). Rape, kidnapping and related convictions affirmed; trial court properly admitted evidence of condoms and other materials possessed by defendant. Unlike Simpson (November 1, 1999), below , evidence here was produced to corroborate victim’s testimony “that Easter used a condom both times he raped her; that Easter had the black bag with him; that on several occasions, he had told her that he was a pimp; and that he had told her that the ‘Massage World’ flyers were for his prostitution business. Further, when Easter was arrested, he had a business card in his pocket for ‘Massage World.’” Black v. State, 305 Ga.App. 903, 700 S.E.2d 892 (September 10, 2010). Dicta: “it is not clear whether Simpson [November 1, 1999, below] prohibits oral testimony regarding a defendant's possession of pornographic materials, as opposed to admission of the materials themselves.” Birkbeck v. State, 292 Ga.App. 424, 665 S.E.2d 354 (June 18, 2008). “[D]espite Birkbeck’s argument to the contrary, the state established a sufficient nexus between the material and the crimes charged. The material was incest-themed pornography; Birkbeck was charged with molesting his stepdaughter. The trial court did not abuse its discretion in admitting the evidence.” Herring v State, 288 Ga.App. 169, 653 S.E.2d 494 (October 10, 2007). Defendant’s child molestation conviction reversed; “the trial court … erred when it allowed counsel to cross-examine Herring concerning his sexual history and habits, including his use of pornography for the purpose of masturbation, in the absence of any evidence linking these subjects to the charged crime of child molestation.” “[T]he State produced no evidence that Herring viewed child pornography, or that he viewed any pornography at all in the presence of the victim or other children.” See also Lunsford (April 10, 2003), below. Ayers v. State, 286 Ga.App. 898, 650 S.E.2d 370 (July 16, 2007). Charges that defendant bound and molested children supported admission of “sexually explicit material … depicting adult male and female bondage.” Accord, Womack v. State , 317 Ga.App. 496, 731 S.E.2d 387 (August 29, 2012) (pornography depicting bondage and rape properly admitted where defendant charged with rape involving bondage and torture). Smith v. State, 285 Ga.App. 658, 647 S.E.2d 346 (June 4, 2007). Defendant’s copies of “Barely Legal” and “Finally Legal” magazines were properly admitted in his prosecution for rape, child molestation, and sexual exploitation of two minor females. “The trial court was entitled to conclude that Smith’s possession of the magazines exhibited at least a lustful disposition toward sexual activity with minor females.” Newton v. State, 281 Ga.App. 549, 636 S.E.2d 728 (September 13, 2006). Trial court erred in admitting Playboy magazine not linked to defendant’s child molestation charges, but harmless in light of overwhelming evidence of guilt and trial court’s limiting instruction directing jury not to consider it for ‘proof of lustful disposition’ of defendant. Phillips v. State, 269 Ga.App. 619, 604 S.E.2d 520 (June 22, 2004). 1. “[I]t is not clear whether Simpson v. State ‘prohibits oral testimony regarding a defendant’s possession of pornographic materials, as opposed to admission of the materials themselves.’ (Citation omitted.) Burk v. State, 253 Ga.App. 272, 273(1) (558 S.E.2d 726) (2001). If error, however, admission thereof was harmless in this case, given overwhelming evidence of guilt. 2. Videotape of defendant masturbating, using child’s panties as a prop, was admissible as evidence of his “lustful disposition” toward the child. Accord, Robinson v. State , 275 Ga.App. 537, 621 S.E.2d 770 (September 21, 2005). 3. “[T]he discovery of a pornographic magazine with nude photographs of C.L. tucked inside supported an inference that Phillips had a sexual interest in C.L., linking it to the charge that Phillips molested her. ” Greulich v. State, 263 Ga.App. 552, 588 S.E.2d 450 (October 3, 2003). “The testimony of a child victim of sexual