A Tippecanoe County mother who pleaded guilty to molesting her infant son will serve out her 40-year sentence after the Indiana Supreme Court granted transfer to her case and affirmed her sentence Wednesday.
One day while giving her 1-year-old son a bath, Jessica McCain placed her mouth on his penis and recorded the incident on a cell phone with the intent of sending the video to her boyfriend, at his urging. She agreed to plead guilty to Level 1 felony child molesting, an offense that carries a 30-year advisory term.
The Tippecanoe Superior Court, however, sentenced the mother to 40 years, with 38 years executed and two years suspended to probation, considering her position of control over the victim and his age. She appealed, and the Indiana Court of Appeals reduced her sentence to 30 years in September.
The state then sought transfer, which a majority of the Indiana Supreme Court voted to grant in a Wednesday opinion. The high court then reinstated McCain’s 40-year sentence in a per curiam opinion, finding the trial court’s sentence was not inappropriate under Indiana Appellate Rule 7(B) and did not warrant appellate revision.
Justice Geoffrey Slaughter voted to deny transfer.
The case is Jessica McCain v. State of Indiana, 18S-CR-26.