Found Deceased FL - Madeline Soto, 13, Missing Child Alert, 13500 blk Town Loop Blvd, Orlando, 26 Feb 2024 *arrest* #4

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  • #941
So what you are saying, is that regardless of what happened at what age, if the offenses are commited prior to 2023, then the statute is irrelevant to his sentencing. Is this correct?

Yes.
 
  • #942
  • #943
  • #944
According to the lawyers speaking here, SS will not have access to the images during the discovery process. It's very late in the clip.

Also an interesting discussion about the mom's potential legal exposure before that.

 
  • #945
On the "Information" document, 36 pages, goes into great detail for each charge. The first 8 charges look just like this clip. I scribbled out the graphic details. The document has been linked in prior posts.

View attachment 490578
OMG!!!! She was barely over EIGHT years of age!!!!! 8 years, 3 months, and 24 days to be exact. I hate him. It is SO hard to believe that JS knew NOTHING was going on all these years. It was half a freaking decade. *mutters under my breath*
 
  • #946
DBM
 
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  • #947
Sorry to keep coming back with this. Does “c” in the pic below stand for capital? As in DP?
Why put it there if it’s irrelevant? Just really trying to understand.
Thank you in advance!
 

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  • #948
Sorry to keep coming back with this. Does “c” in the pic below stand for capital? As in DP?
Why put it there if it’s irrelevant? Just really trying to understand.
Thank you in advance!

Now that I don't understand either. If I find out anything I'll post it.
 
  • #949
Sorry to keep coming back with this. Does “c” in the pic below stand for capital? As in DP?
Why put it there if it’s irrelevant? Just really trying to understand.
Thank you in advance!
Yes the C = Capital.
 
  • #950
Here’s the codes & sentences.
 

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  • #951
So from January 1, 2023 onward, this statute applies if the deceased is under 12 years of age. And Madeline Soto turned 12 on February 22, 2023. So there is a tiny window of time, aproximately fifty days or so, where this statute could apply.
 
  • #952
  • #953
So from January 1, 2023 onward, this statute applies if the deceased is under 12 years of age. And Madeline Soto turned 12 on February 22, 2023. So there is a tiny window of time, aproximately fifty days or so, where this statute could apply.
Maybe I misunderstood, but the law went into place on Oct 1,2023
 
  • #954
  • #955
Let me try to be more clear.

A statute of limitations tells you how long after a crime was committed (or depending upon how a statute is written, how long after the crime was discovered to have been committed) you can still charge a person with that crime.

That has nothing to do with what penalty will apply to a person convicted. The question that has arisen was whether the new statute enacted in 2023 making certain CSAM death-penalty eligible would be applicable to the penalty for crimes committed prior to enactment. In general, it is not possible to retroactively apply a penalty to a crime that was committed prior to the penalty becoming available - i.e., he would not be death penalty eligible for crimes committed prior to that new statute's effectiveness.
That makes sense though, because couldn’t a defense attorney argue that the offender would not have committed the crime had he/she known death penalty was a possible punishment? As absurd as it sounds I could totally see that being used as a defense. OMO.
 
  • #956
There’s verbiage in the bill that specifies it applies to crimes committed on or prior to October 1, 2023. That clarifies the point you were making, @IzzyBlanche! Good job!
But what about this? Was Litig8r correct or not? Because if it applies to crimes commited prior to October 1, 2023, but after January 1, 2023, then my point still applies.
Edit: Unless I;m counting wrong? When exactly did she turn twelve?
 
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  • #957
Ok, so is it possible then, that LE has evidence of crimes committed prior to Maddie's twelfth birthday, that they are charging him for now?
But from what I understand - DP would not be on the table for those because she would have had to have been under 12 AFTER the October DP statute took effect.
 
  • #958
Trying to type this out to explain it to myself

Madeline turned twelve on February 24, 2023.
The statute was made into law October 2023
The law says crimes committed AFTER not before October 2023.

Thus the statute does not apply
 
  • #959
  • #960
Idk if I could visit my kid if he were a nonce in jail. Probably not.
Oh I would. I'd want answers, not excuses, answers to likely many questions.
 
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