ILNews

Judges affirm juvenile adjudication case

Michael W. Hoskins
January 1, 2008
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A 17-year-old male drove by the Indiana State Fairgrounds in a sports car last year with DVD-recorded nude and sexually explicit scenes playing on a video screen visible from the rearview window.

Today, the Indiana Court of Appeals affirmed his adjudication as a delinquent juvenile for disseminating matter harmful to minors, an offense that would be a felony if committed by an adult. The court held that minors had visible access to the videos and that was sufficient evidence.

In M.S. v. State of Indiana, 49A05-0801-JV-11, the court ruled on the case from September 2007. M.S. had a passenger in the front seat and drove by the Indiana State Fairgrounds with a DVD playing on a screen visible to other nearby drivers from the rear of M.S.'s vehicle. Another screen was set-up on the center console, hooked up to the DVD player. An Indianapolis police officer pulled M.S. over after noticing unusual distances between his and other vehicles.

By allowing the DVDs to play, the appellate court concluded that a reasonable trier of fact could determine that M.S. knew the video was playing and that, by driving on a busy street near the fairgrounds, he should have known of the potential dangers that minors could view the scenes. Under the clear and unambiguous definition of "access," minors did not need to be present as M.S. had argued because they would have visual, auditory, or physical access.
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  1. I will be filing a lawsuit in Tippecanoe County for so many violations in a case we became involved in, including failure to contact through mail, Violation of 4th Amendment rights, Violation of Civil Rights, and so on. Even the Indiana Ombudsmen Bureau found violations and I have now received the report and they are demanding further training in Tippecanoe County. I am going to make sure they follow through!!!

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  3. I thought the purpose of the criminal justice center was to consolidate all the criminal services and get them out of downtown to clean up the place. Why in the HELL are the civil courts moving? What a burden to all the downtown law firms. Now we all get to work downtown, but then have to get in a car and COMMUTE to court? Who approved this idiocy?

  4. I drive through the neighborhood whenever I go to the City-County Building or the Federal Courthouse. The surrounding streets are all two way with only two lanes of traffic, and traffic is very slow during rush hour. I hope that enough money has been allocated to allow for improvement of the surrounding streets.

  5. I have had an ongoing custody case for 6 yrs. I should have been the sole legal custodial parent but was a victim of a vindictive ex and the system biasedly supported him. He is an alcoholic and doesn't even have a license for two yrs now after his 2nd DUI. Fast frwd 6 yrs later my kids are suffering poor nutritional health, psychological issues, failing in school, have NO MD and the GAL could care less, DCS doesn't care. The child isn't getting his ADHD med he needs and will not succeed in life living this way. NO one will HELP our family.I tried for over 6 yrs. The judge called me an idiot for not knowing how to enter evidence and the last hearing was 8 mths ago. That in itself is unjust! The kids want to be with their Mother! They are being alienated from her and fed lies by their Father! I was hit in a car accident 3 yrs ago and am declared handicapped myself. Poor poor way to treat the indigent in Indiana!

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