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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. Thank you, John Smith, for pointing out a needed correction. The article has been revised.

  2. The "National institute for Justice" is an agency for the Dept of Justice. That is not the law firm you are talking about in this article. The "institute for justice" is a public interest law firm. http://ij.org/ thanks for interesting article however

  3. I would like to try to find a lawyer as soon possible I've had my money stolen off of my bank card driver pressed charges and I try to get the information they need it and a Social Security board is just give me a hold up a run around for no reason and now it think it might be too late cuz its been over a year I believe and I can't get the right information they need because they keep giving me the runaroundwhat should I do about that

  4. It is wonderful that Indiana DOC is making some truly admirable and positive changes. People with serious mental illness, intellectual disability or developmental disability will benefit from these changes. It will be much better if people can get some help and resources that promote their health and growth than if they suffer alone. If people experience positive growth or healing of their health issues, they may be less likely to do the things that caused them to come to prison in the first place. This will be of benefit for everyone. I am also so happy that Indiana DOC added correctional personnel and mental health staffing. These are tough issues to work with. There should be adequate staffing in prisons so correctional officers and other staff are able to do the kind of work they really want to do-helping people grow and change-rather than just trying to manage chaos. Correctional officers and other staff deserve this. It would be great to see increased mental health services and services for people with intellectual or developmental disabilities in the community so that fewer people will have to receive help and support in prisons. Community services would like be less expensive, inherently less demeaning and just a whole lot better for everyone.

  5. Can I get this form on line,if not where can I obtain one. I am eligible.

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