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Teacher’s suggestive messages to student were ‘immoral’ but not a crime, COA rules

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Although the Indiana Court of Appeals found a high school teacher’s behavior toward a 16-year-old female student to be “deplorable and immoral,” it overturned his convictions because his actions were not criminal under statute.

The Court of Appeals reversed the denial of Robert Corbin’s motion to dismiss the two counts of attempted child seduction filed against him. It also remanded with instructions to grant the motion.

“The behavior alleged in the charging information is deplorable and immoral, and our decision today should not be read in any way to condone Corbin’s conduct,” Judge Paul Mathias wrote for the court in Robert Corbin v. State of Indiana, 75A03-1209-CR-402. “Yet, we are bound to narrowly construe criminal statutes in order to protect the constitutional rights of all our citizens. “

Corbin was charged after the student’s family members discovered explicit messages he sent to her Facebook account. The first count was for the messages he sent to her asking that she sexually satisfy him and sneak out of her house so he could come and pick her up. The second count was for the messages asking her that she send him explicit photographs.

On appeal, Corbin claimed the evidence was insufficient to support the charges.

The Court of Appeals examined Indiana Code 35-42-4-7 and pointed out that attempted child seduction requires the individual to engage in conduct that “constitutes a substantial step toward the commission of the crime.”

Noting that determining what comprises a “substantial step” is difficult, the Court of Appeals turned to Ward v. State, 528 N.E.2d 52, 55 (Ind. 1988). This case outlined a two-part test to apply when considering whether a solicitation constitutes an attempt.

Consequently, the Court of Appeals found Corbin’s requests were not solicitations under Ward because he was not in a position to immediately commit the crime. He sent the messages over the Internet and never acted upon them.

In regards to the charges in count two, the COA ruled that even though Corbin’s request for photographs was “extremely disturbing and morally reprehensible,” it was not criminal conduct as defined by the “plain language” of the statute.  

 

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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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