Teen accused of multiple sexual battery charges files legal challenge in Georgia court

Fifteen-year-old KJ Biermann, the son of Kim Zolciak and former NFL player Kroy Biermann, is contesting all seven felony charges filed against him in Fulton County Superior Court. His attorney, Jason Sheffield, submitted a special demurrer on Monday, asserting that the indictment does not sufficiently describe the alleged use of force or the resulting physical injury required for the aggravated child molestation and aggravated sexual battery counts.

Sheffield argued that the aggravated child molestation charge fails to identify any specific physical injury, a necessary element for the aggravated factor. He also noted that the aggravated sexual battery count alleges finger penetration but lacks the particularity needed to distinguish it from other charges in the indictment. The aggravated sodomy charge was similarly challenged on the grounds that the indictment does not specify the alleged use of force.

Regarding the three sexual battery counts involving a child under 16, Sheffield claimed the charges are “facially indistinguishable,” as they allege the same offense, complainant, anatomical area, date and statutory language. The false imprisonment charge was contested on the basis that the indictment does not describe any conduct constituting detention.

Sheffield requested a hearing to discuss the demurrer and asked that the lead detective testify about the facts and circumstances surrounding the indictment.

Biermann was arrested in August following an April incident at a gym in Alpharetta, Georgia, where a female classmate alleged he forced himself on her in a co-ed sauna and attempted sexual intercourse despite her refusals. The girl also claimed he forced oral sex before digitally penetrating her vagina. She was examined at a hospital the next day, and no male DNA was found in her mouth or vagina.

Biermann has pleaded not guilty to all charges and remains under house confinement after spending more than a month in a youth detention center. During his initial hearing, prosecutors indicated that investigators had found cellphone footage allegedly showing him engaging in sexual activity with a family member under the age of 12, a claim his attorney previously described as involving “inappropriate, crude behavior” between two middle-schoolers that did not result in a statutory rape adjudication.

Zolciak and Kroy Biermann, who are in the process of divorcing, also have other children: son Kash, 14, and twins Kane and Kaia, 12. Kroy Biermann previously adopted Zolciak’s daughters Brielle, 29, and Ariana, 24.