
The Georgia Supreme Court has upheld a ruling that Genarlow Wilson's 10-year prison sentence for having consensual oral sex with a fellow teenager is cruel and unusual, and ordered him released from prison.
The court's 4-3 decision upholds a Monroe County judge's ruling that the sentence constituted cruel and unusual punishment under both the Georgia and U.S. constitutions.
The majority opinion said the sentence appeared to be "grossly disproportionate" to the crime and noted that it was out of step with current law.
Wilson was expected to be released Friday afternoon from Al Burruss Correctional Training Facility in Monroe County, according to his lawyer.
Wilson was convicted in February 2005 of aggravated child molestation for having oral sex with the girl at a 2003 New Year's Eve party in a hotel room.
The crime carried a mandatory 10-year sentence with no parole. However, the law was changed in 2006 to make the crime a misdemeanor, with a maximum 1-year sentence, if it involved teenagers within certain age ranges.
"Although society has a significant interest in protecting children from premature sexual activity, we must acknowledge that Wilson's crime does not rise to the level of culpability of adults who prey on children ..." wrote Supreme Court Justice Leah Ward Sears in the majority opinion.
More on Genarlow Wilson Here
More on Genarlow Wilson Here


