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Appeals panel affirms molester’s dissemination sentence, refines scope of ‘performance’

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A man who molested children in his home lost his appeal on the argument that showing children pornographic images on a cellphone and exposing himself to them was not a public performance.

Rodney Melton was convicted in Marion Superior Court of Class C felony child molesting and Class D felony dissemination of matter harmful to minors and sentenced to an aggregate 11 years in prison. The Indiana Court of Appeals on Wednesday affirmed his convictions and sentence.

In Rodney Melton v. State of Indiana, 49A02-1212-CR-1008, Melton didn’t challenge the more severe molestation conviction, but noted that the language governing the dissemination of matter harmful to minors statute in I.C. 35-49-3-3 requires a “performance … performed before an audience of one (1) or more persons.”
Melton argued that because his acts took place in a private area, he didn’t engage in a “performance.”

Melton cited Low v. State, 580 N.E.2d 737 (Ind. Ct. App. 1991), in which the appeals panel reversed a conviction of obscene performance for an escort arrested after an encounter with an undercover Carmel police officer when the department staged a sting operation.

“We find that case distinguishable,” Judge Elaine Brown wrote for the panel. “As pointed out by the State, Low did not involve an appeal from a conviction for dissemination of matter harmful to minors. Rather, Low involved two adults in a hotel room and a charge of an obscene performance.”

Also citing the dissent in Riffel v. State, 549 N.E.2d 1084 (Ind. Ct. App. 1990), trans. denied, Brown wrote, “there is no requirement in the statute defining performance that the performance take place in public.”

The court also rejected Melton’s argument that his sentence was inappropriate in light of his character and the nature of the offense, citing his “serious and escalating criminal history despite his young age, and the depravity of the offenses.”
 

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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

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