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Appeals panel affirms molester’s dissemination sentence, refines scope of ‘performance’

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A man who molested children in his home lost his appeal on the argument that showing children pornographic images on a cellphone and exposing himself to them was not a public performance.

Rodney Melton was convicted in Marion Superior Court of Class C felony child molesting and Class D felony dissemination of matter harmful to minors and sentenced to an aggregate 11 years in prison. The Indiana Court of Appeals on Wednesday affirmed his convictions and sentence.

In Rodney Melton v. State of Indiana, 49A02-1212-CR-1008, Melton didn’t challenge the more severe molestation conviction, but noted that the language governing the dissemination of matter harmful to minors statute in I.C. 35-49-3-3 requires a “performance … performed before an audience of one (1) or more persons.”
Melton argued that because his acts took place in a private area, he didn’t engage in a “performance.”

Melton cited Low v. State, 580 N.E.2d 737 (Ind. Ct. App. 1991), in which the appeals panel reversed a conviction of obscene performance for an escort arrested after an encounter with an undercover Carmel police officer when the department staged a sting operation.

“We find that case distinguishable,” Judge Elaine Brown wrote for the panel. “As pointed out by the State, Low did not involve an appeal from a conviction for dissemination of matter harmful to minors. Rather, Low involved two adults in a hotel room and a charge of an obscene performance.”

Also citing the dissent in Riffel v. State, 549 N.E.2d 1084 (Ind. Ct. App. 1990), trans. denied, Brown wrote, “there is no requirement in the statute defining performance that the performance take place in public.”

The court also rejected Melton’s argument that his sentence was inappropriate in light of his character and the nature of the offense, citing his “serious and escalating criminal history despite his young age, and the depravity of the offenses.”
 

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  1. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

  2. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  3. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

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  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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