Julian R. Baughcum, Jr v. State

── Julian R. Baughcum, Jr v. State ── Court: Court of Appeals of Georgia Date: May 13, 2026 Category: General FIRST DIVISION BARNES, P. J., MARKLE and HODGES, JJ. NOTICE: Motions for reconsideration must be physically received in our clerk’s office within ten days of the date of decision to be deemed timely filed. https://www.gaappeals.gov/rules May 13, 2026 In the Court of Appeals of Georgia A26A0850. BAUGHCUM v. THE STATE. BARNES, Presiding Judge. A jury found Julian Roy Baughcum, Jr. guilty of rape and two counts of cruelty to children in the third degree. On appeal from the denial of his amended motion for new trial, Baughcum contends that the trial court erred by admitting into evidence a recording of the incident captured on a security camera in the victim’s home because the recording violated a provision of Georgia’s unlawful eavesdropping and surveillance statute, OCGA § 16-11-62(2). Baughcum also argues that the trial court erred by declining his written requests to charge the jury on attempted rape and sexual battery as lesser included offenses of rape. For the reasons discussed below, we affirm.  Construed in favor of the verdict,1 the evidence showed that in September 2021, the victim lived with her two youngest children in a small one-bedroom, one-bathroom residence in Walton County, Georgia. There was no separation between the kitchen and living room area. The victim slept on a bed in the living room while her one-year- old daughter slept in a playpen at the foot of her bed. The victim’s four-year-old son slept in the nearby bedroom with the door open so that he could see the victim. Guests would sleep on a couch in the living room. The victim’s residence had security cameras in the kitchen and bedroom, as well as several outdoor cameras. The security camera in the kitchen faced the living room where the bed, playpen, and couch were located and recorded what transpired in that area. The victim installed the security system because of prior thefts. On the night of September 11, 2021, the victim picked up Baughcum and drove him to her residence so that he could install an additional outside security camera for her. The victim had known Baughcum for several years because he previously dated her mother, and he was “like a father to [her].” He would come over for visits and would sometimes sleep on her couch. The victim testified that Baughcum “would 1 See Jackson v. Virginia, 443 U. S. 307, 319(III)(B) (99 SCt 2781, 61 LE2d 560) (1979). 2 make sexual comments” and “was perverted,” but she always “would brush it off and tell him to stop doing that, and he would.” They had never had a sexual relationship. Baughcum installed the additional security camera. Because it was late, the plan was for him to sleep on the couch. The victim put her daughter to bed in the playpen in the living room and her son to bed in the bedroom with the door open. She took her sleeping medication and then fell asleep in her bed in the living room as Baughcum took a shower. The victim’s medication put her into a deep sleep. Sometime after the victim fell asleep, Baughcum went over to her bed and stood watching her as he began to masturbate. He leaned over and started touching and kissing the unresponsive victim. Baughcum pulled his shorts down, removed the victim’s shorts, got on top of the victim, and attempted to penetrate her with his penis. He was initially unable to do so because the victim was wearing a tampon, but he removed it and dropped it on the floor. Baughcum then lifted the victim’s limp legs and began having sexual intercourse with her as she remained unresponsive. According to the victim, when she ultimately awoke, Baughcum “was on top of me, thrusting inside of me. He was insi