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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. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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