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Legislature intended to make failure to report child abuse a continuing offense

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A high school coach’s failure to report child abuse is a continuing offense to which the statute of limitations does not apply, the Indiana Court of Appeals ruled.

The COA affirmed the trial court’s denial of a motion to dismiss the charges in Marybeth Lebo v. State of Indiana, 46A05-1202-CR-104.

Lebo, who was the varsity volleyball coach at LaPorte High School, was charged with failing to report child abuse after her assistant coach, Robert Ashcraft, was convicted of multiple sex crimes against a minor student athlete. In her appeal, she argues, in part, the charges are barred by the statute of limitations.
 
As an alternative, the state argued that the crime of failure to report is a continuing offense. Therefore, the statute of limitations did not begin to run until Oct. 23, 2010, when the LaPorte County Prosecutor’s Office received the investigation report from the Indiana State Police.

The court agreed. Despite the absence of the terms “continuing” or “continuous,” the statute does state that the obligation to report is not relieved until a report has been made to the best of the individual’s belief.

Writing for the majority, Judge Cale Bradford stated, “To permit an individual with a duty to report to avoid prosecution for failure to report because that individual’s failure was not discovered within 730 days does nothing to protect a child who may still be the victim of abuse on day 731 or beyond.”

In a separate opinion, Judge John Baker dissented from the majority’s view that the Legislature indicated a clear intent to make failure to report child abuse or neglect a continuing offense. He found that any intent of the Legislature is ambiguous.

“I am sensitive to the fact that if someone fails to make a report, child abuse or neglect could continue for every day that the report goes unmade,” Baker wrote. “However, we must also be reminded that the person who has ‘reason to believe’ that child abuse or neglect has occurred and fails to report that abuse or neglect is not the person inflicting harm on the child. Yet the statute of limitations does not fail to apply to those who commit heinous crimes against children.”


 

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  • COA
    The court of appeals presumes it is their job to rewrite legislation like the supreme court does the constitution!
  • Puppy Poop
    Did she really know before the conviction? Did he do it on the volleyball court?

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  1. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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