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Arguments rejected in juvenile molestation appeal

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An 11-year-old boy adjudicated delinquent for acts that would be Class B and Class C felony child molesting if committed by an adult failed to persuade a Court of Appeals panel Friday that statutes as applied to him are unconstitutionally vague and the evidence didn’t support a true finding.

The case stemmed from instances in which 11-year-old T.G. touched the genitals of a six-year-old girl while the two were at a daycare center operated by T.G.’s mother. T.G. argued that “the evidence that is sufficient to establish intent to arouse or satisfy sexual desire in the case of an adult perpetrator is insufficient in the case of a child perpetrator,” according to the opinion written by Judge Terry Crone.

Crone wrote that because T.G. was significantly older than the girl, they “cannot be considered peers,” and that circumstances in T.G.’s case included repeated incidents of fondling that could lead a reasonable fact-finder to find beyond a reasonable doubt that T.G. met the statutory requirements of committing the acts to arouse or satisfy sexual desires.

“We stress that in other cases, different or additional factors may be present that shed light on the accused child’s intent,” Crone wrote in T.G. v. State of Indiana, 49A05-1305-JV-238.

The panel also turned away arguments the statutes are unconstitutionally vague and fail to provide notice of conduct prohibited for children who might not know that prohibited touching is of a sexual nature.

"We do not think that such a possibility renders the statute void for vagueness for the following reason. If a child does not know that an act would result in sexual arousal or desire, then that child could not have the required intent to have committed child molesting. If a child knows that an act would result in sexual arousal or desire, then the Child Molesting Statute provides sufficient notice to the child that such an act is prohibited," Crone wrote.

"We conclude that T.G. has failed to carry his burden to show that the Child Molesting Statute authorizes or encourages arbitrary or discriminatory enforcement. Therefore, we reject his contention that it is void for vagueness."
 
 

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  1. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  2. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  3. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  4. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  5. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

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