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To prove that the defendant is guilty of this crime, the People must prove that:
[The defendant by (
act[,]/ [or] failure to act[,]/ [or]
threat[,]/ [or]
command[,]/ [or]
persuasion) induced
or tried to induce a (minor) to do either of the following:
-
2. (
Do any act/
Follow any course of conduct/Live in a way) that would
cause or obviously tend to cause that person to become or remain a (
dependent /delinquent) child of the juvenile court.]
[A parent [or legal guardian] has a
duty to exercise reasonable care,
supervision,
protection, and
control over his or her minor child.]
[A minor may become a dependent child if he or she has
suffered, or is at substantial risk of suffering,
serious physical harm or illness as a
result of [one of the following]:
[1.] [The
failure or inability of his or her parent [or guardian]
to adequately supervise or protect the child(;/.)]
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To prove that the defendant is guilty of this crime, the People must prove that:
[1. The defendant (exhibited[,]/
sent[,]/ caused to be sent[,]/ distributed[,]/ [or] offered to exhibit or distribute)
harmful material to another person by any means;]
2. When the defendant acted, (he/she)
knew the character of the material;
3. When the defendant acted, (he/she)
knew, should have known, or believed that the other person was a minor;
4. When the defendant acted, (he/she)
intended to arouse, appeal to, or gratify the lust, passions, or sexual desires of (himself/herself) or of the other person;
AND
5. When the defendant acted, (he/she)
intended to engage in sexual intercourse, sodomy, or oral copulation with the other person or to have either person touch an intimate body part of the other
person.
Material is harmful if, when considered as a whole:
1. It shows
or describes sexual conduct in an obviously offensive way;
2. A reasonable person would conclude that it
lacks serious literary, artistic, political, or scientific value for minors;
AND
3.
An average adult person, applying contemporary statewide standards,
would conclude it appeals to prurient interest.
Material, as used in this instruction,
means any (book, magazine, newspaper, video recording,
or other printed or written material[;]/ [or] any picture, drawing, photograph, motion picture, or other pictorial representation[;]/ [or] any statue or other figure[;]/ [or] any recording, transcription, or mechanical, chemical, or electrical reproduction[;]/ [or] any other articles, equipment, machines, or materials). [Material includes live or recorded telephone messages when transmitted or
distributed as part of a commercial transaction.]
- *this really depends on details in the communication. It does not matter if defendant arranges future encounter when minor comes of age. What matters is that the contact was with a minor.
To prove that the defendant is guilty of this crime, the People must prove that:
1. The defendant (
contacted or communicated with/ [or] attempted to contact or communicate with)
a minor;
2.
When the defendant did so, (he/she)
intended to commit <insert enumerated offense from statute> involving that minor;
AND
3. The defendant
knew or reasonably should have known that the person was a minor.
- *in two years worth of interaction it is unlikely this was never attempted. It does not matter if the encounter never happened.
To prove that the defendant is guilty of this crime, the People must prove that:
1. The defendant arranged a meeting with (a minor / [or] a person (he/she) believed to be a minor);
2. When the defendant did so, (he/she) was
motivated by an unnatural or abnormal sexual interest in children;
[AND]
3. At that meeting, the defendant
intended to (expose (his/her) genitals or pubic or rectal area/ [or] have the minor expose (his/her) genitals or pubic or rectal area/ [or] engage in lewd or
lascivious behavior).
- *one of the above offenses is likely a better fit, but this would be considered.
To prove that the defendant is guilty of this crime, the People must prove that:
[1. The defendant (distributed/ [or] showed)
obscene material to someone else;]
[AND]
2. When the defendant acted, (he/she)
knew the character of the material(;/.)
Material, when considered as a whole, is
obscene if:
1. It shows
or describes sexual conduct in an obviously offensive way;
2.
A reasonable person would conclude that it lacks serious literary, artistic, political, or scientific value;
AND
3. An
average adult person applying contemporary statewide standards
would conclude that it appeals to a prurient interest.
- *again this does not matter that it was discussed as a future engagement when she comes of age.
To prove that the defendant is guilty of this crime, the People must prove that:
1. The defendant engaged in
conduct directed at a child;
2.
A normal person, without hesitation, would have been disturbed, irritated, offended, or injured by the defendant's conduct;
3. The defendant's conduct was
motivated by an unnatural or abnormal sexual interest in the child;
AND
4. The child was
under the age of 18 years at the time of the conduct.
[It is
not necessary that the child actually be irritated or disturbed.] [It is [also]
not necessary that the child
actually be touched.]
[It is
not a defense that the child may have
consented to the act.]
We have a 10+ year age gap
So it all started when I was around 12; he was in his 20s
he and I would private message each other often just to flirt and he'd "joke" about "raping" me and "wanting to put me in his basement" and "use me as a sex object".
There was a lot more to it...
He did jokingly imply that he'd be willing to meet me and have sex once I'm 18
He reassured me countless times that it was okay, legal, and just a joke, and he still does that to this day.
Around the time I turned 13, the jokes started becoming increasingly uncomfortable
He'd act very passive-aggressive and blame my feelings on puberty or something
he flirted with my underage friends too
He was a lot more forceful and desperate to flirt with her.
All of this describes the actions of a child predator. If investigators are given this information and know where to look they will likely find a wealth of incriminating evidence and many more victims.
