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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. How do you go about each day with out having resentment or ill will towards the evil that has done this to you? Is it your faith that keeps you going and knowing that someday they will have to answer to God? At church our pastor talked about forgiveness and how Jesus forgave our sins and we should too. Its very hard knowing that we do the right thing in this world, and those that are liars, thieves, are continued in power and continue on doing their jobs, while you are banished from something that you have every right to do with out being penalized.

  2. From my post below .... I cut and pasted in error: http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468

  3. Your prayers must account for some of the wind beneath my wings. That and this: His yoke is easy, His burden light. OK, now to bring this comment thread 100% back to the topic at hand. From my secret files, never before published, a letter that Commission head Myra Selby deemed interesting, but ..... This Hail Mary was ignored by the Commission, and then cited by the Indiana bar examiners to justify the need for a lifetime banishment from the Indiana Supreme Court. I tender it as a study in anti white male anti Christian antipathy in the Indiana court system. Focused upon the Race (ie not white) and Gender (ie not male) and not religious Commission for "fairness." Uncle Karl, eat your heart out: https://www.scribd.com/document/340472424/Race-gender-request-24128-1 ... https://drive.google.com/file/d/0BznfHUztK5eTUGlxbmRvMWJsaHhLcGFuaE5KNHZWVjk3eHRn/view?usp=sharing

  4. What a disgrace of Judicial Proceedings. Can complain and write comments forever but someone needs to show the mother how to fight back before he turns this little girl against her.

  5. The truth comes out Issac Law Firm for Men helped Montgomery to get custody.Should read the lies he told them.How much was paid to the judges?

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