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Statutory Rape and Child Pornography Charges

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  • 03-10-2015, 04:16 PM
    terrafirma
    Statutory Rape and Child Pornography Charges
    My question involves criminal law for the state of:My question involves criminal law for the state of: Indiana

    I have a friend who we think is going to be charged with statutory rape and child pornography charges and I want to know a few things about what might happen. The details are as follows.

    He was 26 when she was 14 and they started having sex. the relationship lasted for 5 years until she left him.

    She lived with him at this time because her mother thought that she had given him gaurdianship of her when in fact he had just printed off some papers and had her sign them and never turned them in.

    He has a young child that she was taking care of (not hers).

    She has provided photo evidence of them having sex when she was 14 to the police.

    The police came and took his electronics away and were talking about ccharging him with something we aren't sure of yet. They suddenly decided to look deeper at the computers and are now taking their time going through them more thoroughly.

    Their were definitely nude pictures of her when she was 14 on them and there might have been pictures of her siblings nude (also underage) from when he backed up their phones.

    He has past criminal charges of burglary among other things.

    My questions are what will he most likely get charged with? Why would the police suddenly decide to look more closely at his computers? How long will it take to issue a warrant?

    Thank you for your time
  • 03-10-2015, 04:28 PM
    Mercy&Grace
    Re: Friend Involved with 14 Year Old, Child Pornography
    There seems to be evidence of child pornography on the computers. Depending on what is found, he may also be charged under federal law regarding the child pornography.
  • 03-10-2015, 04:31 PM
    terrafirma
    Re: Friend Involved with 14 Year Old, Child Pornography
    That's why you think they changed their mind about charging him now and instead opted to go further with checking his electronics? That's unfortunate...the things he has against him now are bad but i didn't want to believe that to be true.
  • 03-10-2015, 04:40 PM
    cbg
    Re: Friend Involved with 14 Year Old, Child Pornography
    If there is any justice in the world, he will be charged with everything they think of and he is locked in a six by six cell for the rest of his sorry life. If there is any justice in the world, the child's mother will be charged with criminal neglect and abuse.

    That is what you wanted to know, of course? You couldn't possibly have been looking for assurance that the piece of filth who did such a thing will get off lightly?

    Boiling in oil isn't sufficient. *spit
  • 03-10-2015, 05:03 PM
    terrafirma
    Re: Friend Involved with 14 Year Old, Child Pornography
    Believe me...we at the unit aren't too happy about it either.

    Any idea about the warrant being issued timewise and the charges? Specifically regarding the girl?
  • 03-10-2015, 05:07 PM
    free9man
    Re: Friend Involved with 14 Year Old, Child Pornography
    No way to tell. Could be next week or next year. He's just gonna have to sweat.
  • 03-10-2015, 05:14 PM
    terrafirma
    Re: Friend Involved with 14 Year Old, Child Pornography
    Chances of him getting charged are pretty definite though?
  • 03-10-2015, 05:20 PM
    cbg
    Re: Friend Involved with 14 Year Old, Child Pornography
    Sounds that way. And not a moment too soon. Hopefully he'll be charged with everything they can make stick and sentenced to the maximum allowed by law.

    And I do hope someone is also investigating the mother.
  • 03-10-2015, 06:33 PM
    llworking
    Re: Friend Involved with 14 Year Old, Child Pornography
    Quote:

    Quoting terrafirma
    View Post
    Chances of him getting charged are pretty definite though?

    I cannot imagine how you would think otherwise. He apparently admits to having sex with a 14 year old under his (at least informal) guardianship. That alone is going to get him charged and jailed for a long time. It can only get worse from there.
  • 03-10-2015, 06:47 PM
    jk
    Re: Friend Involved with 14 Year Old, Child Pornography
    the possible charges are going to depend on the exact facts but from what you have stated so far, I can find 2 or 3 felonies without question.
  • 03-10-2015, 06:54 PM
    terrafirma
    Re: Friend Involved with 14 Year Old, Child Pornography
    Eh, he never admitted to it. In fact he's denied it to detectives but there's apparently photographic evidence dating back to then of them having sex and many messages of some sort between them over the years. My information is muddled because I'm going off of what I have heard. He doesn't know we know about any of it right now.
  • 03-10-2015, 07:00 PM
    jk
    Re: Friend Involved with 14 Year Old, Child Pornography
    the pictures alone are a felony.
  • 03-10-2015, 07:14 PM
    Mercy&Grace
    Re: Friend Involved with 14 Year Old, Child Pornography
    The truth is that you have no idea what is really going on. The evidence on the computers is what counts. There are countless peope in jails everywhere that are still saying they didn't do something.

    I know that there are parents who would be as irresponsible as you state her mother was. But, again, all you know is what you've been told ? Did she go to school when she was of school age ? There are other charges that he could be brought against him. It all depends on what crimes All the evidence points to. Did he allow others to be with her ? Did he charge for it ? Sad and impossible to believe how anyone can do these things to a child or even another human being.
  • 03-10-2015, 07:29 PM
    terrafirma
    Re: Friend Involved with 14 Year Old, Child Pornography
    No I don't think he allowed others to be with her or prostituted her out. As far as I know it was more of a secret relation ship between the two. He was supposed to be a family friend or something.

    It kills me because he seems like such a decent guy and I and others have known him for years and would never think he would be like that but things are starting to connect in a way that makes it hard to deny. Plus the info is pretty reliable.

    And yes she went to school from what we know.
  • 03-10-2015, 09:50 PM
    Lehk
    Re: Friend Involved with 14 Year Old, Child Pornography
    http://statelaws.findlaw.com/indiana...ault-laws.html
    Quote:

    When a person 21 or older has sex or sexual conduct with a child 14 or 15 years old, it's a Level 4 Felony. If aggravating factors are present, it's a Level 1 felony. - See more at: http://statelaws.findlaw.com/indiana....omZjQXof.dpuf
    Quote:

    Penalties

    The penalty ranges for the above sex crimes by level are:

    Level 1 Felony - 20-40 years incarceration and a fine of up to $10,000
    Level 2 Felony - 10-30 years incarceration and a fine of up to $10,000
    Level 3 Felony - 3-16 years incarceration and a fine of up to $10,000
    Level 4 Felony - 2-12 years incarceration and a fine of up to $10,000
    Level 5 Felony - 1-6 years incarceration and a fine up to $10,000
    Level 6 Felony - 6 months to 2.5 years incarceration and a fine up to $10,000

    - See more at: http://statelaws.findlaw.com/indiana....omZjQXof.dpuf
    it looks like he faces 2-12 years for the statutory rape, unless the child pornography he made of the statutory rape or the fact that he perverted a guardianship position count as aggravating factors, I was unable to find a reference for aggravating factors, if so, and I suspect they will, he faces 20-40 years.

    plus whatever state or federal charges are files for the child porn.

    I don't think you will be seeing much of your "freind'
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