ILNews

Attempted child molestation conviction does not lead to credit restricted status

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals reversed the determination that an Elkhart County man was a credit restricted felon following his conviction of attempted molestation of his daughter, finding attempted child molestation isn’t included among offenses that qualify under the credit restricted felon statute.

Danny Boling was convicted of Class A felony attempted child molesting and Class C felony child molesting for touching his five-year-old daughter over and under her underwear and putting her hand on his bare private. He was sentenced to 45 years, and Elkhart Superior Judge George Biddlecome found Boling was a credit restricted felon pursuant to Indiana Code 35-31.5-2-72(1).

Boling challenged his attempted child molesting conviction, sentence and credit restricted felon status. The judges found the state proved that Boling knowingly attempted to commit child molesting and engaged in an overt act constituting a substantial step toward that crime when he touched his daughter’s private parts first over her underwear, then directly on her skin.

“The natural and usual sequence to which such conduct reasonably points is that Boling had taken a substantial step toward inserting his finger or fingers into K.B.’s vagina. A reasonable jury could find based upon this testimony that Boling had attempted to commit deviate sexual conduct,” Chief Judge Margret Robb wrote in Danny Boling v. State of Indiana, 20A04-1205-CR-237.

The trial court relied on the Class A felony conviction to rule Boling is a credit restricted felon, but attempted child molesting involving deviate sexual conduct is not listed as a qualifying offense nor is the attempt statute cited. The judges reversed and remanded for the trial court to correct Boling’s records to remove the credit restricted felon designation.

Finally, the judges upheld his 45-year sentence, citing he was in a position of trust and tried to have the child place the blame on her brother.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. A sad end to a prolific gadfly. Indiana has suffered a great loss in the journalistic realm.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

ADVERTISEMENT