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. Great observation Smith. By my lights, speaking personally, they already have. They counted my religious perspective in a pro-life context as a symptom of mental illness and then violated all semblance of due process to banish me for life from the Indiana bar. The headline reveals the truth of the Hoosier elite's animus. Details here: Denied 2016 petition for cert (this time around): (“2016Pet”) Amicus brief 2016: (“2016Amici”) As many may recall, I was banned for five years for failing to "repent" of my religious views on life and the law when a bar examiner demanded it of me, resulting in a time out to reconsider my "clinging." The time out did not work, so now I am banned for life. Here is the five year time out order: Denied 2010 petition for cert (from the 2009 denial and five year banishment): (“2010Pet”) Read this quickly if you are going to read it, the elites will likely demand it be pulled down or pile comments on to bury it. (As they have buried me.)

  2. if the proabortion zealots and intolerant secularist anti-religious bigots keep on shutting down every hint of religious observance in american society, or attacking every ounce of respect that the state may have left for it, they may just break off their teeth.

  3. "drug dealers and traffickers need to be locked up". "we cannot afford just to continue to build prisons". "drug abuse is strangling many families and communities". "establishing more treatment and prevention programs will also be priorities". Seems to be what politicians have been saying for at least three decades now. If these are the most original thoughts these two have on the issues of drug trafficking and drug abuse, then we're no closer to solving the problem than we were back in the 90s when crack cocaine was the epidemic. We really need to begin demanding more original thought from those we elect to office. We also need to begin to accept that each of us is part of the solution to a problem that government cannot solve.

  4. What is with the bias exclusion of the only candidate that made sense, Rex Bell? The Democrat and Republican Party have created this problem, why on earth would anyone believe they are able to fix it without pushing government into matters it doesn't belong?

  5. This is what happens when daddy hands over a business to his moron son and thinks that everything will be ok. this bankruptcy is nothing more than Gary pulling the strings to never pay the creditors that he and his son have ripped off. they are scum and they know it.