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Man's conviction hinges on 'induce' definition

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The Indiana Court of Appeals had to determine how to interpret the term “induce” related to a man’s contributing to the delinquency of a minor case and upheld his conviction based on the term’s dictionary definition.

In Thomas Temple v. State of Indiana, No. 27A05-1101-CR-31, Thomas Temple challenged his conviction of Class A misdemeanor contributing to the delinquency of a minor. The state alleged that Temple knowingly induced his 15-year-old neighbor to leave her house. Temple and his neighbor had been exchanging text messages planning for A.H. to leave her house and “hook up” with him. Her parents became suspicious and didn’t let her leave the house that night.

Temple moved for judgment on the evidence based on the fact that A.H. never actually left her home. His motion was denied and he was found guilty.

The judges focused on the term “induce” that the state used in the charging information. Temple believed that induce required that A.H. actually left her house; the state claimed the term is more akin to the word “encourage,” and is satisfied when the defendant acts to persuade a minor to commit a delinquent act, regardless of whether the minor actually completes the alleged conduct.

There isn’t a case that specifically defines “induce,” so the judges looked at Black’s Law Dictionary’s definition of “inducement:” the “act or process of enticing or persuading another person to take a certain course of action.”

“A common understanding of ‘entice’ and ‘persuade’ suggests that a person need not do anything but influence another’s mind or beliefs to have committed ‘inducement,’” wrote Judge Cale Bradford. “Temple’s restrictive interpretation of ‘induce’ appears counter to this relatively broad definition.”

The judges also cited Dorn v. State, 819 N.E.2d 516, 520 (Ind. Ct. App. 2004), in which “entice” was interpreted in the promoting prostitution statute as not requiring some form of completed act, to affirm Temple’s conviction.

Judge Bradford noted that the statute under which Temple was charged criminalizes the mere act of “encouraging,” which suggests that the General Assembly intended to criminalize conduct regardless of whether it resulted in a completed act.

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  1. My husband financed a car through Wells Fargo In dec 2007 and in Jan 2012 they took him to court to garnish his wages through a company called autovest llc . Do u think the statue of limitations apply from the day last payment was received or from what should have been the completion of the loan

  2. Andrew, you are a whistleblower against an ideologically corrupt system that is also an old boys network ... Including old gals .... You are a huge threat to them. Thieves, liars, miscreants they understand, identify with, coddle. But whistleblowers must go to the stake. Burn well my friend, burn brightly, tyger.

  3. VSB dismissed the reciprocal discipline based on what Indiana did to me. Here we have an attorney actually breaking ethical rules, dishonest behavior, and only getting a reprimand. I advocated that this supreme court stop discriminating against me and others based on disability, and I am SUSPENDED 180 days. Time to take out the checkbook and stop the arrogant cheating to hurt me and retaliate against my good faith efforts to stop the discrimination of this Court. www.andrewstraw.org www.andrewstraw.net

  4. http://www.andrewstraw.org http://www.andrewstraw.net If another state believes by "Clear and convincing evidence" standard that Indiana's discipline was not valid and dismissed it, it is time for Curtis Hill to advise his clients to get out the checkbook. Discrimination time is over.

  5. Congrats Andrew, your street cred just shot up. As for me ... I am now an administrative law judge in Kansas, commissioned by the Governor to enforce due process rights against overreaching government agents. That after being banished for life from the Indiana bar for attempting to do the same as a mere whistleblowing bar applicant. The myth of one lowly peasant with the constitution does not play well in the Hoosier state. As for what our experiences have in common, I have good reason to believe that the same ADA Coordinator who took you out was working my file since 2007, when the former chief justice hired the same, likely to "take out the politically incorrect trash" like me. My own dealings with that powerful bureaucrat and some rather astounding actions .. actions that would make most state courts blush ... actions blessed in full by the Ind.S.Ct ... here: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

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