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[GRAPHIC: MSNBC]
NEWS ANCHOR: Right now in a Georgia courtroom a young man currently serving ten years in prison for having consensual teen sex is fighting for his freedom.
At a 2003 New Year's Eve party, 17-year-old Genarlow Wilson got oral sex from a 15-year-old girl and was convicted of aggravated child molestation.
Last year legislators changed the law, making such sex acts between teens a misdemeanor. But the lower court said that new law couldn't be applied retroactively. Criminal defense attorney Ann Fitz is outside the courthouse this morning. Good morning to you.
ANN FITZ: Good morning, Chris.
NEWS ANCHOR: In June, a Superior Court judge reduced Genarlow Wilson's conviction to a misdemeanor, ordered him freed from prison. The state attorney general appealed the decision. So what are Genarlow Wilson's chances with the Supreme Court?
ANN FITZ: Well the Supreme Court has the jurisdiction to deem that law unconstitutional as it applies to Mr. Wilson, meaning that it is violating his right against cruel and unusual punishment in this case.
[GRAPHIC: Genarlow Wilson]
ANN FITZ: The habeas judge that made the decision in Monroe County a couple of months ago did not have the authority to re-sentence Mr. Wilson, and that's what the attorney general's office is appealing today.
[GRAPHIC: Genarlow Wilson and woman]
[GRAPHIC: Genarlow Wilson]
NEWS ANCHOR: One of the arguments by the state attorney general is that if Genarlow Wilson is free it would help free some 1,300 child molesters from Georgia's prisons. Are we talking apples and oranges, or are they right there?
ANN FITZ: You know, this would establish case law that in effect would be available for other child molesters to argue that they should be released and that this is cruel and unusual punishment. But the fact of the matter is, is that in this case alone, we're dealing with a 17-year-old defendant, a 15-year-old victim. The new law that's in effect is the so-called Romeo and Juliet Law and it, it covers acts such as what Mr. Wilson did and that's now a misdemeanor. So to apply it across the board, we're not talking about a 35-year-old man with a 10-year-old victim in this case.
NEWS ANCHOR: Ann, thanks so much. Appreciate it.
ANN FITZ: Thank you.
