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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. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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