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  1. #1
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    Default Sex Offender Videoing My Daughter

    My question involves criminal law for the state of: Texas

    I will try to keep this as brief and succinct as possible.

    My daughter (age 19) works at a local mall and caught a man trying to take a video up her skirt with a camera on his shoe. Mall security was called; he was detained by them. It turns out he had done something similar the day before and had been banned from the mall. When I called mall security later that day to follow up, they said the police had been called and the man had been arrested. My daughter did give a report over the phone later that evening to the officer who responded to the call.

    This man served 10 years in 1983 (in Wisconsin) on a 2nd Degree Sexual Assault charge, and some googling showed that he was diagnosed with hebephilia (attraction to pubescent girls) as well as other undiagnosed paraphilias. He is also considered high risk, and violent. He lives out in the country, in a neighboring county. (So there are multiple jurisdictions involved?)

    Yesterday my daughter received a call from the police. This man has NOT been arrested and is still out on the streets, presumably with his camera still operational. From what I can understand, since the police were "not the ones to apprehend him first, they were not able to press charges against him..." Does this make sense? I have left voicemails for the police officer involved, but she seems to be hard to get to. I want clarification to this; it just doesn't sound right.

    In Texas, Improper Photography [ http://law.onecle.com/texas/penal/21.15.00.html ] is a felony, and this man is a Registered Sex Offender. My main question to the experts here is: Isn't her report that he had tried to video her enough for the police to go forward?

    When this man moved to Texas from Wisconsin, was he assigned a new parole officer here in Texas? Shouldn't this be enough to provoke his parole? Is this something I can pursue -- ie getting in touch with his parole officer?

    Also, since this man is involved in photographing young girls (my daughter looks VERY young), what is necessary to get a warrant to search for additional videos?

    I am very upset to think my daughter had any interaction with this type of person, and I am working very hard to remain calm and rational about the situation.

    I welcome all input, advice, insight, suggestions...

    --an angry mom

  2. #2
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    Default Re: Sex Offender Videoing My Daughter

    Apparently, for whatever reason, they did not believe they have enough evidence to arrest him without a warrant. The magistrate may have declined to issue a warrant for one reason or another. They may have referred the matter to the district attorney for review. What seems easy for a civilian can often be a mountain for law enforcement. You might want to try speaking to a supervisor and see what they say. Understand though, this is your daughter's fight as she is the victim. She is an adult and needs to be doing these things herself.

    If he was discharged from parole prior to moving, then he no longer has a parole officer. If he was not, then yes his parole should have been transferred. Your daughter can try contacting the parole office for the county he resides in. If he is still on parole, this might be enough to violate him. No guarantees in life. If he has a parole officer and they verify what happened, they may be able to get a warrant to search for additional material. If he is off parole, then it will take more for law enforcement to get a warrant.

    You, and your daughter, need to be patient. These things can take time to shake out. By all means, keep in the loop with the police and even the district attorney's office but you have to let the system work. I would also have your daughter badger mall security to make sure they are keeping an eye out for the man and getting him arrested every time he comes back for trespassing.

  3. #3

    Default Re: Sex Offender Videoing My Daughter

    Quote Quoting CocoTexas
    View Post
    My daughter (age 19) works at a local mall and caught a man trying to take a video up her skirt with a camera on his shoe. Mall security was called; he was detained by them. It turns out he had done something similar the day before and had been banned from the mall. When I called mall security later that day to follow up, they said the police had been called and the man had been arrested.
    Keep in mind that not all arrests are arrests of the "physical custody, handcuffs, and off to jail" type. It's possible that he was issued a "notice to appear" on a misdemeanor charge, which is still a form of arrest (remember, the PURPOSE of arrest is to get the accused person to appear before the court to face charges).

    My daughter did give a report over the phone later that evening to the officer who responded to the call.
    If the officer didn't even speak to your daughter until later in the day, then I suspect there was NOT an arrest, but rather an investigation. Do we know if mall security actually DETAINED this guy at the mall until police arrived, or if they reported to police after tossing the guy out, again.


    Yesterday my daughter received a call from the police. This man has NOT been arrested and is still out on the streets, presumably with his camera still operational. From what I can understand, since the police were "not the ones to apprehend him first, they were not able to press charges against him..." Does this make sense? I have left voicemails for the police officer involved, but she seems to be hard to get to. I want clarification to this; it just doesn't sound right.
    Actually, it DOES sound right. Police didn't witness the offense, and as it the case for MOST crimes of such nature, police investigate, take statements from the victim and any witnesses, and turn their report over to the state attorney, who is the one to determine if charges will be brought. If so, then a warrant for his arrest will be issued. It's a process that doesn't happen over night, and can take a few days.

    In Texas, Improper Photography [ http://law.onecle.com/texas/penal/21.15.00.html ] is a felony, and this man is a Registered Sex Offender. My main question to the experts here is: Isn't her report that he had tried to video her enough for the police to go forward?
    I would think that it should be enough for the state to pursue the case, but it's in the hands of the state - who will attempt to build the strongest case possible (gather as much evidence) before making the arrest.

    When this man moved to Texas from Wisconsin, was he assigned a new parole officer here in Texas? Shouldn't this be enough to provoke his parole? Is this something I can pursue -- ie getting in touch with his parole officer?
    If/when he's arrested, yes. Until that point, his legal status hasn't changed. Once he's arrested, his parole officer should be notified by arresting authorities. Until then, he's only being "investigated".

    Also, since this man is involved in photographing young girls (my daughter looks VERY young), what is necessary to get a warrant to search for additional videos?
    That's likely what the state attorney is in the process of doing now - taking the reports from your daughter and mall security to the judge and asking for warrants to uncover evidence. Law enforcement may also have the person under surveillance, and/or may be working to obtain video footage from the mall and the individual stores for examination to identify other potential victims (each victim would be an additional charge), and taking other investigative steps.

  4. #4
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    Default Re: Sex Offender Videoing My Daughter

    Quote Quoting free9man
    this is your daughter's fight as she is the victim.
    I disagree. Crimes such as Texas Penal Code 21.15 are considered offenses against the state. The State of Texas has some duty to prosecute such crimes regardless of how much the victim wants the D.A. to prosecute. Sure, a cooperative victim/witness helps. But there are other factors, such as budget, and other pending prosecutions.

  5. #5
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    Default Re: Sex Offender Videoing My Daughter

    Thank you both for the insights and explanation of what was happening. I confess to being very ignorant of the whole process; I've had no interaction with the police at all during my life.

    As an update, I have 2 pieces of news -- both bad.

    I spoke with the Sheriff's Office where the man is registered and was told by the deputy that he had been waiting for this individual to do something and was not at all surprised by this development, though it was "mild" behavior for him. Apparently the offender spent over 25 years (not 10 as I had thought) in prison for extremely violent, home invasion-type rapes, all at knife point. He would stalk his victims extensively before raping them, and was considered extremely intelligent and sophisticated. The deputy classified him as "very, very dangerous and very violent".

    I also spoke with the detective who was given this case, and unfortunately the mall security did not call the police while the offender was still at the mall...so no camera, no evidence, no case. He has been "criminally trespassed" (if I put that the right way) and will be arrested if he tries to enter the mall again.

    Again, I thank you both for your time and I am very appreciative of your willingness to share your knowledge.

  6. #6
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    Default Re: Sex Offender Videoing My Daughter

    Quote Quoting CocoTexas
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    .

    I also spoke with the detective who was given this case, and unfortunately the mall security did not call the police while the offender was still at the mall...so no camera, no evidence, no case. He has been "criminally trespassed" (if I put that the right way) and will be arrested if he tries to enter the mall again..

    sorry to hear the result. What the mall security did was the cause of the failure to prosecute.

    So, two things: if you are the victim of a crime, you need to report it directly to the police when it happens and the second thing; If I was your daughter, I would register a complaint with the mall management expressing her frustration (and whatever feelings are appropriate) at the improper actions their security personnel took concerning the situation.

  7. #7
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    Default Re: Sex Offender Videoing My Daughter

    Coco, the US SC has never ruled a warrantless arrest must be committed in the officer's presence, therefore it is state specific. TX is a little strange in the fact that even for felonies, a warrant must be secured in some instances.

    http://www.statutes.legis.state.tx.u.../htm/CR.14.htm

    Here they chose to issue a citation instead of secure a warrant, who knows why. Although a citation can be issued with probable cause, even when committed outside the officer's presence, arrests are different. MOST states however only limit the "in presence" requirement to misdemeanors.

    You may remember the Gail Atwater case out of TX in 2001 which went all the way to the US SC. She was arrested for not wearing a seat belt, however it was committed in the "officer's presence'. The crux on the decision, however, not realted to your facts, was whether the 4th AM forbade an arrest where the penalty was a money fine only. It was answered in the affirmitive.

  8. #8
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    Default Re: Sex Offender Videoing My Daughter

    Coco, after re-reading the thread I need a clarification. Was he indeed issued a Summons/Citation yet in lieu of arrest or not?

  9. #9
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    Default Re: Sex Offender Videoing My Daughter

    BOR, to be quite honest, I have no idea. The detective I spoke with mentioned nothing about a summons or a citation.

  10. #10
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    Default Re: Sex Offender Videoing My Daughter

    Quote Quoting CocoTexas
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    BOR, to be quite honest, I have no idea. The detective I spoke with mentioned nothing about a summons or a citation.
    Beg your pardon then. My first post was assuming he was issued a Summons/Citation in lieu of arrest. The post still stands about a warrantless arrest though.

    Odd though, given the info you describe it seems at least to me enough Probable Cause to either secure a warrant or issue a Summons, etc.??

    While it is true, witnessing a crime is direct PC, in this case, even a non witnessed one seems pretty darn credible PC.

    Stay in touch with the assigned detectives/officers and wait see.

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