ILNews

Man's conviction hinges on 'induce' definition

Back to TopCommentsE-mailPrintBookmark and Share

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.

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. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  2. Hi I am Mr Damian Parker the creditor of Private loans, and I'm here to make your dreams come true to get a loan. Do you need a loan urgently? Do you need a loan to pay off your debts? Do you need a loan for expansion of your business or start your own business, we are here for you with a low interest rate of 3% and you can get a credit of 1,000 to 100,000,000.00 the maximum loan amount and up to 20 years loan duration. Contact us today for more information at dparkerservices@hotmail.com

  3. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

  4. JLAP and other courtiers ... Those running court systems, have most substance abuse issues. Probably self medicating to cover conscience issues arising out of acts furthering govt corruption

  5. I whole-heartedly agree with Doug Church's comment, above. Indiana lawyers were especially fortunate to benefit from Tom Pyrz' leadership and foresight at a time when there has been unprecedented change in the legal profession. Consider how dramatically computer technology and its role in the practice of law have changed over the last 25 years. The impact of the great recession of 2008 dramatically changed the composition and structure of law firms across the country. Economic pressures altered what had long been a routine, robust annual recruitment process for law students and recent law school graduates. That has, in turn, impacted law school enrollment across the country, placing upward pressure on law school tuition. The internet continues to drive significant changes in the provision of legal services in both public and private sectors. The ISBA has worked to make quality legal representation accessible and affordable for all who need it and to raise general public understanding of Indiana laws and procedures. How difficult it would have been to tackle each of these issues without Tom's leadership. Tom has set the tone for positive change at the ISBA to meet the evolving practice needs of lawyers of all backgrounds and ages. He has led the organization with vision, patience, flexibility, commitment, thoughtfulness & even humor. He will, indeed, be a tough act to follow. Thank you, Tom, for all you've done and all the energy you've invested in making the ISBA an excellent, progressive, highly responsive, all-inclusive, respectful & respected professional association during his tenure there.

ADVERTISEMENT