GUILTY NC - Teghan Skiba, 4, Smithfield, 19 July 2010 #2

[borndem]

Oh, unless he's in permanent segregation, he WILL suffer. I really think he will. JMHO.

 

[gxm]

Heather Moore ‏@HeatherMooreNow 2m

Only time #JonathanRichardson has showed any emotion this whole trial was a minute when #HelenReyes on stand. No reaction now

 

[gxm]

Heather Moore ‏@HeatherMooreNow 1m

Implication: #TeghanSkiba restraind 4 other sex. assault.Testimny now implies whippng cord penetrated her #JonathanRichardson


Heather Moore ‏@HeatherMooreNow 4m

In NC,rape is penis penetrated vagina. #JonathanRichardson not charged w/rape, b/c no penal penetration.

 

[La Louve]

Heather Moore ‏@HeatherMooreNow 23s

Pediatrician:too many injuries on #TeghanSkiba to count. #JonathanRichardson said she fell off bed overnight, blamed bites on her cousin.

Not only is he a monster, he's also an idiot.

Seriously, he needs to be taken out back and shot like a rabid animal.

RIP Sweet Teghan. Justice is coming.

 

[Landonsmom02]

Heather Moore ‏@HeatherMooreNow 1m

Implication: #TeghanSkiba restraind 4 other sex. assault.Testimny now implies whippng cord penetrated her #JonathanRichardson


Heather Moore ‏@HeatherMooreNow 4m

In NC,rape is penis penetrated vagina. #JonathanRichardson not charged w/rape, b/c no penal penetration.

I just want one minute with him and momster! :banghead::banghead:

 

[Linda7NJ]

Heather Moore ‏@HeatherMooreNow 1m

Implication: #TeghanSkiba restraind 4 other sex. assault.Testimny now implies whippng cord penetrated her #JonathanRichardson


Heather Moore ‏@HeatherMooreNow 4m

In NC,rape is penis penetrated vagina. #JonathanRichardson not charged w/rape, b/c no penal penetration.

Rape doesn't require a penis. Nor does it require a vagina.

North Carolina defines it how exactly? Anyone know?
Penetration of any orifice with any object or body part for sexual gratification on a child is aggravated sexual assault. IMO

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[La Louve]

I just want one minute with him and momster! :banghead::banghead:

and "maw maw"

RIP Sweet Teghan. Justice is coming.

 

[Linda7NJ]

I just want one minute with him and momster! :banghead::banghead:

I want ten days!!!


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[La Louve]

Any idea who from the families are in the courtroom today?

IMO little Teghan's mother and the monster's grandparents should be there to hear this.

RIP Sweet Teghan. Justice is coming.

 

[Landonsmom02]

and "maw maw"

RIP Sweet Teghan. Justice is coming.

I'm far from being a lawyer and knowing all the ins and outs of the law, BUT, why isn't gma charged? At least with aiding and abeting? In NC, if LEO stops you and the driver of your car is/has been drinking, you are charged too. What is the differenece between that and knowing that a child is on your property with an unstable relative......who is living in inhumane conditions with a pad lock on the door. UGH......I hope she gets hers too!

 

[zoey]

and "maw maw"

RIP Sweet Teghan. Justice is coming.

I'm angry at the "mom"as well. She left her baby 5here. She knew what he zas about--

 

[Linda7NJ]

http://sexualassault.appstate.edu/sexual-assault-rape

First Degree Sexual Assault - a person is guilty of a sexual offense in the first degree if the person engages in a sexual act:

With a victim who is a child under the age of 13 years and the defendant is at least 12 years old and is at least 4 years older than the victim.
With another person by force and against the will of the other person, and: (a) employs a dangerous or deadly weapon or an article which the other person reasonably believes to be a dangerous or deadly weapon, or (b) inflicts serious personal injury upon the victim or another, by one or more other persons, or (c) the person commits the offense aided and abetted by one or more other persons.


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[borndem]

Rape doesn't require a penis. Nor does it require a vagina.

North Carolina defines it how exactly? Anyone know?
Penetration of any orifice with any object or body part for sexual gratification on a child is aggravated sexual assault. IMO

Sent from my iPhone using Tapatalk

bbm

Okay, here it is -- and this is lengthy, but verbatim from the North Carolina General Statutes:

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Article 7A.
Rape and Other Sex Offenses.
§ 14-27.1. Definitions.
As used in this Article, unless the context requires otherwise:
(1) "Mentally disabled" means (i) a victim who suffers from mental retardation, or (ii) a victim who suffers from a mental disorder, either of which temporarily or permanently renders the victim substantially incapable of appraising the nature of his or her conduct, or of resisting the act of vaginal intercourse or a sexual act, or of communicating unwillingness to submit to the act of vaginal intercourse or a sexual act.
(2) "Mentally incapacitated" means a victim who due to any act committed upon the victim is rendered substantially incapable of either appraising the nature of his or her conduct, or resisting the act of vaginal intercourse or a sexual act.
(3) "Physically helpless" means (i) a victim who is unconscious; or (ii) a victim who is physically unable to resist an act of vaginal intercourse or a sexual act or communicate unwillingness to submit to an act of vaginal intercourse or a sexual act.
(4) "Sexual act" means cunnilingus, fellatio, analingus, or anal intercourse, but does not include vaginal intercourse. Sexual act also means the penetration, however slight, by any object into the genital or anal opening of another person's body: provided, that it shall be an affirmative defense that the penetration was for accepted medical purposes.
(5) "Sexual contact" means (i) touching the sexual organ, anus, breast, groin, or buttocks of any person, (ii) a person touching another person with their own sexual organ, anus, breast, groin, or buttocks, or (iii) a person ejaculating, emitting, or placing semen, urine, or feces upon any part of another person.
(6) "Touching" as used in subdivision (5) of this section, means physical contact with another person, whether accomplished directly, through the clothing of the person committing the offense, or through the clothing of the victim. (1979, c. 682, s. 1; 2002-159, s. 2(a); 2003-252, s. 1; 2006-247, s. 12(a).)

§ 14-27.2. First-degree rape.
(a) A person is guilty of rape in the first degree if the person engages in vaginal intercourse:
(1) With a victim who is a child under the age of 13 years and the defendant is at least 12 years old and is at least four years older than the victim; or
(2) With another person by force and against the will of the other person, and:
a. Employs or displays a dangerous or deadly weapon or an article which the other person reasonably believes to be a dangerous or deadly weapon; or
b. Inflicts serious personal injury upon the victim or another person; or
c. The person commits the offense aided and abetted by one or more other persons.
(b) Any person who commits an offense defined in this section is guilty of a Class B1 felony.
(c) Upon conviction, a person convicted under this section has no rights to custody of or rights of inheritance from any child born as a result of the commission of the rape, nor shall the person have any rights related to the child under Chapter 48 or Subchapter 1 of Chapter 7B of the General Statutes. (1979, c. 682, s. 1; 1979, 2nd Sess., c. 1316, s. 4; 1981, c. 63; c. 106, ss. 1, 2; c. 179, s. 14; 1983, c. 175, ss. 4, 10; c. 720, s. 4; 1994, Ex. Sess., c. 22, s. 2; 2004-128, s. 7.)

§ 14-27.2A. Rape of a child; adult offender.
(a) A person is guilty of rape of a child if the person is at least 18 years of age and engages in vaginal intercourse with a victim who is a child under the age of 13 years.
(b) A person convicted of violating this section is guilty of a Class B1 felony and shall be sentenced pursuant to Article 81B of Chapter 15A of the General Statutes, except that in no case shall the person receive an active punishment of less than 300 months, and except as provided in subsection (c) of this section. Following the termination of active punishment, the person shall be enrolled in satellite-based monitoring for life pursuant to Part 5 of Article 27A of Chapter 14 of the General Statutes.
(c) Notwithstanding the provisions of Article 81B of Chapter 15A of the General Statutes, the court may sentence the defendant to active punishment for a term of months greater than that authorized pursuant to G.S. 15A-1340.17, up to and including life imprisonment without parole, if the court finds that the nature of the offense and the harm inflicted are of such brutality, duration, severity, degree, or scope beyond that normally committed in such crimes, or considered in basic aggravation of these crimes, so as to require a sentence to active punishment in excess of that authorized pursuant to G.S. 15A-1340.17. If the court sentences the defendant pursuant to this subsection, it shall make findings of fact supporting its decision, to include matters it considered as egregious aggravation. Egregious aggravation can include further consideration of existing aggravating factors where the conduct of the defendant falls outside the heartland of cases even the aggravating factors were designed to cover. Egregious aggravation may also be considered based on the extraordinarily young age of the victim, or the depraved torture or mutilation of the victim, or extraordinary physical pain inflicted on the victim.
(d) Upon conviction, a person convicted under this section has no rights to custody of or rights of inheritance from any child born as a result of the commission of the rape, nor shall the person have any rights related to the child under Chapter 48 or Subchapter 1 of Chapter 7B of the General Statutes.
(e) The offense under G.S. 14-27.2(a)(1) is a lesser included offense of the offense in this section. (2008-117, s. 1.)

§ 14-27.3. Second-degree rape.
(a) A person is guilty of rape in the second degree if the person engages in vaginal intercourse with another person:
(1) By force and against the will of the other person; or
(2) Who is mentally disabled, mentally incapacitated, or physically helpless, and the person performing the act knows or should reasonably know the other person is mentally disabled, mentally incapacitated, or physically helpless.
(b) Any person who commits the offense defined in this section is guilty of a Class C felony.
(c) Upon conviction, a person convicted under this section has no rights to custody of or rights of inheritance from any child conceived during the commission of the rape, nor shall the person have any rights related to the child under Chapter 48 or Subchapter 1 of Chapter 7B of the General Statutes. (1979, c. 682, s. 1; 1979, 2nd Sess., c. 1316, s. 5; 1981, cc. 63, 179; 1993, c. 539, s. 1130; 1994, Ex. Sess., c. 24, s. 14(c); 2002-159, s. 2(b); 2004-128, s. 8.)



§ 14-27.4. First-degree sexual offense.
(a) A person is guilty of a sexual offense in the first degree if the person engages in a sexual act:
(1) With a victim who is a child under the age of 13 years and the defendant is at least 12 years old and is at least four years older than the victim; or
(2) With another person by force and against the will of the other person, and:
a. Employs or displays a dangerous or deadly weapon or an article which the other person reasonably believes to be a dangerous or deadly weapon; or
b. Inflicts serious personal injury upon the victim or another person; or
c. The person commits the offense aided and abetted by one or more other persons.
(b) Any person who commits an offense defined in this section is guilty of a Class B1 felony. (1979, c. 682, s. 1; 1979, 2nd Sess., c. 1316, s. 6; 1981, c. 106, ss. 3, 4; 1983, c. 175, ss. 5, 10; c. 720, s. 4; 1994, Ex. Sess., c. 22, s. 3.)

§ 14-27.4A. Sexual offense with a child; adult offender.
(a) A person is guilty of sexual offense with a child if the person is at least 18 years of age and engages in a sexual act with a victim who is a child under the age of 13 years.
(b) A person convicted of violating this section is guilty of a Class B1 felony and shall be sentenced pursuant to Article 81B of Chapter 15A of the General Statutes, except that in no case shall the person receive an active punishment of less than 300 months, and except as provided in subsection (c) of this section. Following the termination of active punishment, the person shall be enrolled in satellite-based monitoring for life pursuant to Part 5 of Article 27A of Chapter 14 of the General Statutes.
(c) Notwithstanding the provisions of Article 81B of Chapter 15A of the General Statutes, the court may sentence the defendant to active punishment for a term of months greater than that authorized pursuant to G.S. 15A-1340.17, up to and including life imprisonment without parole, if the court finds that the nature of the offense and the harm inflicted are of such brutality, duration, severity, degree, or scope beyond that normally committed in such crimes, or considered in basic aggravation of these crimes, so as to require a sentence to active punishment in excess of that authorized pursuant to G.S. 15A-1340.17. If the court sentences the defendant pursuant to this subsection, it shall make findings of fact supporting its decision, to include matters it considered as egregious aggravation. Egregious aggravation can include further consideration of existing aggravating factors where the conduct of the defendant falls outside the heartland of cases even the aggravating factors were designed to cover. Egregious aggravation may also be considered based on the extraordinarily young age of the victim, or the depraved torture or mutilation of the victim, or extraordinary physical pain inflicted on the victim.
(d) The offense under G.S. 14-27.4(a)(1) is a lesser included offense of the offense in this section. (2008-117, s. 2.)

§ 14-27.5. Second-degree sexual offense.
(a) A person is guilty of a sexual offense in the second degree if the person engages in a sexual act with another person:
(1) By force and against the will of the other person; or
(2) Who is mentally disabled, mentally incapacitated, or physically helpless, and the person performing the act knows or should reasonably know that the other person is mentally disabled, mentally incapacitated, or physically helpless.
(b) Any person who commits the offense defined in this section is guilty of a Class C felony. (1979, c. 682, s. 1; 1979, 2nd Sess., c. 1316, s. 7; 1981, c. 63; c. 179, s. 14; 1993, c. 539, s. 1131; 1994, Ex. Sess., c. 24, s. 14(c); 2002-159, s. 2(c).)

§ 14-27.5A. Sexual battery.
(a) A person is guilty of sexual battery if the person, for the purpose of sexual arousal, sexual gratification, or sexual abuse, engages in sexual contact with another person:
(1) By force and against the will of the other person; or
(2) Who is mentally disabled, mentally incapacitated, or physically helpless, and the person performing the act knows or should reasonably know that the other person is mentally disabled, mentally incapacitated, or physically helpless.
(b) Any person who commits the offense defined in this section is guilty of a Class A1 misdemeanor. (2003-252, s. 2.)



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http://www.ncleg.net/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_14/Article_7A.html
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Sorry to be so lengthy, but notice my red bold: The punishment for 1st Rape and 1st Sexual Offense is the same -- a Class B1 Felony.


Class B1 is the next-to-highest offense that can be charged -- just under 1st Degree Murder. Those persons with high Prior Felony Points can be charged LWOP for a B1 Felony. In contrast, someone with zero PFP can be charged 94 --196 months, depending on whether the offense is seen to be "presumptive," "mitigated" or "aggravated." BUT -- If it is judged "egregious," the punishment cannot be less than 300 months (25 YEARS).

ETA: I know this is a lot of reading, Linda, but the part under First Degree Sexual Offense is worth reading because it mentions extreme brutality, etc.

Hope this helps. It helps me to realize that NC Law recognizes what we're seeing here, IMO.

 

[gxm]

Heather Moore ‏@HeatherMooreNow 5m

UNC doctors found small metal fragments embedded in #TeghanSkiba's skin. #JonathanRichardson



Heather Moore ‏@HeatherMooreNow 8m

Pediatrician says #TeghanSkiba had healing fractures in 2 bones in wrist. I think she said they happened w/in 7 days. #JonathanRichardson

 

[gxm]

Heather Moore ‏@HeatherMooreNow 1m

Pediatrician: #TeghanSkiba's severe brain injuries were not consistent w/fall from short air mattress onto floor. #JonathanRichardson

 

[gxm]

Heather Moore ‏@HeatherMooreNow 1m

Metal fragments were found all over #TeghanSkiba's body, including genital areas. #JonathanRichardson

 

[wonders]

There are no words invented yet to describe this so called human...He is evil to his very core.
What makes me the maddest is I know good and well that this poor baby wasn't allowed to cry out much less cry period. But I'd bet my bottom dollar the g-parents had to have heard noises from that pig sty that would alert them to him abusing Tegan and they did absolutely nothing. NOTHING!!! Do you hear me? NOTHING!!!
I'd also like to know who's big idea it was to say Tegan hadn't been penetrated by this evil pig??? Really??? The child was (IMO) torn up on the inside so how would anyone be able to tell if he never penetrated Tegan. BS!!! You can bet your sweet a@@ he not only penetrated her himself but also used objects too. (Sorry to be so graphic, but it did happen to this poor baby and I refuse to sweep it under a rug). Let this be a lesson to all of us so that another child will never have to endure what Tegan had to endure.
That evil SOB is damn lucky I'm not his g-ma cuz I would have killed him before he ever had a chance to harm one hair on Tegan's head. She and g-pa knew good and well what he was and did NOTHING about it.

 

[gxm]

Heather Moore ‏@HeatherMooreNow 49s

Pediatrician: #TeghanSkiba would've been immediately symptomatic from severe brain injury,not able 2 talk or understand. #JonathanRichardson

 

[gxm]

Heather Moore ‏@HeatherMooreNow 2m

#JonathanRichardson jury out. Pediatrician says she ruled severe child abuse on #TeghanSkiba b/c repetitive nature of injuries & severity.

 

[gxm]

Heather Moore ‏@HeatherMooreNow 1m

Pediatrician made severe child abuse ruling B4 learning of metal embedded in skin & broken bones. #JonathanRichardson jury not hearing this