Criminal Confinement of Person Above 18

My question involves criminal law for the state of: Indiana

My understanding is that LAW in general likes to be precise. I signed a plea agreement for class B criminal confinement instead of burglary like the pros. originally wanted me to do. The person I confined was 35++ years old. This is established in the court records. There were children in the home but they weren't paid any attention to because we didn't know they were there. I moved the 35++ year old guy from one location of the house to the other. Which makes it confinement. However I didn't confine the kids or move them from one location to the other. Before I signed my plea agreement my lawyer said merely entering someones home with a weapon when they dont want you there is confinement all by itself. However I can't find this in law and it has to be defined clearly. All the law says is that you must move a person from one point to the other knowingly and intentionally. It doesn't say it's confinement just because your in their home it has to be a specific action. So my question is shouldn't that overturn my requirement to register as a sex offender because it was established that I confined a 35++ year old not a dam child. I have to register because they are saying confinement if the victim is under 18. The victim was a specific person in that house again 35++ years old.

You plead to it.

The court will take you at your word.

Listen to cyjeff.... can't get you any further in the hole than you already did to yourself.

You just said yourself that the only reason that the kids weren't moved is because you didn't know they were there. Good luck with Bubba.

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Quoting cyjeff

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You plead to it.

The court will take you at your word.

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so you mean im done in? or you mean theyll take me at my word in terms of me trying to rewind the plea?

They'll take you at the word that corresponds to the document that you signed, accepting the plea.

I suppose you can always hire an attorney and fight to withdraw the plea deal. Then, you get to go to trial and face the full force of any and all criminal offenses that the state has to charge against you.

Understand that criminal confinement does not solely require that you move them, but that you "substantially" interfere with the liberty of another. When you use a weapon or cause serious injury, it becomes a class B felony. You apparently held the victim at the point of a weapon (or caused great injury) and moved him from one part of the house to another. What part of that does NOT fit the definition of the the section which essentially defines the crime of Criminal Confinement as substantially interfering with the liberty of another, or removing a person from one place to another, without their consent.

IC 35-42-3-3
Criminal confinement
Sec. 3. (a) A person who knowingly or intentionally:
(1) confines another person without the other person's consent; or
(2) removes another person, by fraud, enticement, force, or threat of force, from one (1) place to another;
commits criminal confinement. Except as provided in subsection (b), the offense of criminal confinement is a Class D felony.
(b) The offense of criminal confinement defined in subsection (a) is:
(1) a Class C felony if:
(A) the person confined or removed is less than fourteen (14) years of age and is not the confining or removing person's child;
(B) it is committed by using a vehicle; or
(C) it results in bodily injury to a person other than the confining or removing person; and

(2) a Class B felony if it:
(A) is committed while armed with a deadly weapon;
(B) results in serious bodily injury to a person other than the confining or removing person; or
(C) is committed on an aircraft.

In any event, it is pretty hard to go back and change a plea deal that has already been entered by the court. I suppose you might stand a small chance if you have not yet been sentenced, or if the deal has not yet been presented to the court, but that's iffy. Also understand that any allocution you made in court confessing to the crime (usually a requirement with a plea) may well be used against you at any future trial to show your guilt. But, if this is a path you wish to pursue, knock yourself out.

I wasnt saying it doesnt fit the definition of confinement I was saying I confined the dude but I dont fit the definition of confining the kids in the house. I didnt even see them the whole time so how can they say I gotta register for confining someone under the age of 18 because the victim was way over 18. The def. doesnt say if I confine one person im confining all the other ones. I read that in some states the attorney isnt required to inform his client of the collateral consequences but in california they ruled that having to register is a direct consequence and in north dakota they also believe that an attorney doesnt have to inform their client of a collateral consequence however when a sex offender told the court that his lawyer didnt inform him of having to register, the court denied it and he appealed it to the supreme court and the supreme court agreed with california that it is a direct consequence and they would of reversed it except for the fact that they found out that he knew at the time of sentencing that he would have to register it is state vs breiner. At least that is what I understood. If i fail at everything else Im going to sue the state for slander and it makes logical and legal sense because where the hell is the sex? If you want to register me cuz im violent call me that but how are you gonna call me a sexual violent predator when there is not dam sex. Yes I know thats the law but my arguement is gonna be that the law is bogus for doing that. They are also gonna say it was designed to protect the children... they cant prove that i did anything against any children even if they were in the house. I didnt target the kids. I aint a threat to kids im a threat to thieves.
http://www.expertlaw.com/forums/imag...s/wallbang.gif
http://www.court.state.nd.us/court/opinions/960298.htm:wallbang:

Guys I've been doing some more research and I found Rodriguez-Moreno v. State and they said:::

HOLDING: (Opinion by Yraguen, S.J.) A petitioner was not entitled to post-conviction relief where he failed to show prejudice or a reasonable possibility that he would have gone to trial rather than plead guilty in the absence of counsel's failure to: 1. Advise defendant of "collateral consequences" such as the sex offender registration requirement; 2. Advise defendant of all immigration consequences of his plea; and 3. Obtain evidence which was of only speculative utility to defendant's case.

So I just basically have to prove that there was a reasonable possibility I would have not plead guilty to confinement if I knew I would be a sex offender. When I caught this case the prosecutor told me to plea to attempted burglary but me being stupid I said no I want to plea to confinement and then she said no im telling you, plea to burglary, and I said f that so she finally gave in and said fine. Any person on this entire planet would plea to burglary instead of confinement if they knew confinement would require one to register as a sex offender. That alone should prove that I wouldnt of took it right? I mean I had the opportunity to plea to burglary. The prosecutor didnt want me to plea to confinement.. Is it possible the prosecutor had a heart? What steps should I take to put together a top of the line persuasion? Don't no lawyers want to take my case because they all say I signed a plea agreement-so what is what I say.

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Quoting SnakeFace

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If you want to register me cuz im violent call me that but how are you gonna call me a sexual violent predator when there is not dam sex.

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Because Indiana Code 11-8-8 defines "sex or violent offender" as:

IC 11-8-8-5
"Sex or violent offender"
Sec. 5. (a) Except as provided in section 22 of this chapter, as used in this chapter, "sex or violent offender" means a person convicted of any of the following offenses:
(1) Rape (IC 35-42-4-1).
(2) Criminal deviate conduct (IC 35-42-4-2).
(3) Child molesting (IC 35-42-4-3).
(4) Child exploitation (IC 35-42-4-4(b)).
(5) Vicarious sexual gratification (including performing sexual conduct in the presence of a minor) (IC 35-42-4-5).
(6) Child solicitation (IC 35-42-4-6).
(7) Child seduction (IC 35-42-4-7).
(8) Sexual misconduct with a minor as a Class A, Class B, or Class C felony (IC 35-42-4-9), unless:
(A) the person is convicted of sexual misconduct with a minor as a Class C felony;
(B) the person is not more than:
(i) four (4) years older than the victim if the offense was committed after June 30, 2007; or
(ii) five (5) years older than the victim if the offense was committed before July 1, 2007; and
(C) the sentencing court finds that the person should not be required to register as a sex offender.
(9) Incest (IC 35-46-1-3).
(10) Sexual battery (IC 35-42-4-8).
(11) Kidnapping (IC 35-42-3-2), if the victim is less than eighteen (18) years of age, and the person who kidnapped the victim is not the victim's parent or guardian.
(12) Criminal confinement (IC 35-42-3-3), if the victim is less than eighteen (18) years of age, and the person who confined or removed the victim is not the victim's parent or guardian.
(13) Possession of child pornography (IC 35-42-4-4(c)).
(14) Promoting prostitution (IC 35-45-4-4) as a Class B felony.
(15) Promotion of human trafficking (IC 35-42-3.5-1(a)(2)) if the victim is less than eighteen (18) years of age.
(16) Sexual trafficking of a minor (IC 35-42-3.5-1(b)).
(17) Human trafficking (IC 35-42-3.5-1(c)(3)) if the victim is less than eighteen (18) years of age.
(18) Murder (IC 35-42-1-1).
(19) Voluntary manslaughter (IC 35-42-1-3).
(20) An attempt or conspiracy to commit a crime listed in subdivisions (1) through (19).
(21) A crime under the laws of another jurisdiction, including a military court, that is substantially equivalent to any of the offenses listed in subdivisions (1) through (20).
(b) The term includes:
(1) a person who is required to register as a sex or violent offender in any jurisdiction; and
(2) a child who has committed a delinquent act and who:
(A) is at least fourteen (14) years of age;
(B) is on probation, is on parole, is discharged from a facility by the department of correction, is discharged from a secure private facility (as defined in IC 31-9-2-115), or is discharged from a juvenile detention facility as a result of an adjudication as a delinquent child for an act that would be an offense described in subsection (a) if committed by an adult; and
(C) is found by a court by clear and convincing evidence to be likely to repeat an act that would be an offense described in subsection (a) if committed by an adult.
(c) In making a determination under subsection (b)(2)(C), the court shall consider expert testimony concerning whether a child is likely to repeat an act that would be an offense described in subsection (a) if committed by an adult.
As added by P.L.140-2006, SEC.13 and P.L.173-2006, SEC.13. Amended by P.L.216-2007, SEC.13.

Notice in the bolded part that the key isn't the word "sex offender, it's the words "sex or violent offender". The act, even by your own description, fits the statute. The statute that you pled to.