the charges: 2nd Degree Child Cruelty and Murder - What does it all mean?

[Dr. Know?]

Is there any law applying to JRH and this 16 now seventeen year old girl as far as the sexting that's a felony now, possible sex in the park? Swapping pictures on the internet? Child porn? Any felony charges due to it? (ima sure internet history along with phone records could take quite a while)

I've been gone. I did read about the age of consent here. tia

 

[Deleted member 39678]

exactly, its a round about way at getting a second, easier to prove bite at the murder apple.

I think that it is an easier way to get to the death penalty and or life in prison in Georgia.

 

[gngr~snap]

Is there any law applying to JRH and this 16 now seventeen year old girl as far as the sexting that's a felony now, possible sex in the park? Swapping pictures on the internet? Child porn? Any felony charges due to it? (ima sure internet history along with phone records could take quite a while)

I've been gone. I did read about the age of consent here. tia

These are the charges he will face.

"During the probable cause hearing, July 3, Cobb County Police Sgt. Phil Stoddard testified that the department's preliminary investigation had revealed Harris had committed the computer-based crime of sexual exploitation of a minor. When asked if Harris had also committed two misdemeanor violations of illegal contact with a minor, sexually -- Stoddard agreed he had."

http://www.cnn.com/2014/07/11/justice/georgia-hot-car-toddler-death/

"Use of an electronic device to seduce, solicit, lure, or entice, or attempt to seduce, solicit, lure, or entice a child or another person believed by such person to be a child to commit a sexually explicit act. Conviction for this offense is a felony, unless the victim is 14 or 15 years of age and the offender is no more than 3 years older than the victim in which case the crime is a misdemeanor, and carries a fine of up to $25,000 and up to 20 years in prison."

http://mobilemediaguard.com/states/sexting_laws_georgia.html


I am a little confused. Is this the same girl twice or two underage girls he had sexual contact with?

It also says he will have to register as a sex offender.
All posts are MOO. Sent via Insignia Flex Tablet.

 

[Deleted member 39678]

Is there any law applying to JRH and this 16 now seventeen year old girl as far as the sexting that's a felony now, possible sex in the park? Swapping pictures on the internet? Child porn? Any felony charges due to it? (ima sure internet history along with phone records could take quite a while)

I've been gone. I did read about the age of consent here. tia

There where some posts this morning on another thread about the age of consent for sex vs the legal age for sexting. I'm not sure if I ever saw any links to support what was posted though. I saw post's say that it's 16 for consent for sex in Georgia while Federal law says 18 for sexting.

Don't know if that's accurate or not. MOO.

 

[blue22]

There where some posts this morning on another thread about the age of consent for sex vs the legal age for sexting. I'm not sure if I ever saw any links to support what was posted though. I saw post's say that it's 16 for consent for sex in Georgia while Federal law says 18 for sexting.

Don't know if that's accurate or not. MOO.

"Sexting" involving sending pictures with nudity, is not just sexting. If the person is under 18, you now have possible child pornography charges. The legal consent age for sex and the age for pornography are different. 18 is the federal age for legally distributing pornography.

ETA: I mean distributing, as in sending and receiving nude photos.

 

[Ruby]

exactly. It all seems to end with, while premeditation and malice need not be present, willful and wanton must, which ends up meaning, RH, his thought process, his awareness, his forgetting or not forgetting are all very very important to the outcome of this case.

so maybe at some point gitana or one of our other verifieds will weigh in on these very subtle (IMO) differences and how they translate into what we may see from each side at trial.

This post sums it up for me the best - the BBM part is probably the priority to prove/disprove, but probably the hardest to prove/disprove.

IDK - will be very interesting to say the least.

my opinion etc., :moo:

 

[tlcya]

If he is indicted, I will not be missing this trial. It will be very interesting to observe just for the legal arguments sake alone.

 

[eileenhawkeye]

If there is just so much evidence showing this was premeditated, why is the prosecution taking the "easy" way?

 

[Dr. Know?]

More power to the jurors to play God in judging this sentence if that is the law. I couldn't and wouldn't do it. Not my job man.

That's when you know, it's not your job. jmo

 

[blue22]

If there is just so much evidence showing this was premeditated, why is the prosecution taking the "easy" way?

They have evidence, but not all of it. They have until trial to up the charges. I don't think it's the easy way, but right now it's pretty smart. Have the charges serious enough and have evidence enough to keep him in jail, while you gather a complete case.

I think Casey Anthony changed how parents are charged now. If they had tried her on lesser charges or included them, would she be free? I think you can always find a sympathetic person for a parent on a jury and that's very, very scary.

 

[eileenhawkeye]

They have evidence, but not all of it. They have until trial to up the charges. I don't think it's the easy way, but right now it's pretty smart. Have the charges serious enough and have evidence enough to keep him in jail, while you gather a complete case.

I think Casey Anthony changed how parents are charged now. If they had tried her on lesser charges or included them, would she be free? I think you can always find a sympathetic person for a parent on a jury and that's very, very scary.

I believe the jury did have the option of sentencing Casey to a lesser charge.

Has there ever been any study done showing that the Anthony trial changed the legal system? I see it brought up whenever someone has not been arrested, charged a certain way, etc...Are there any statistics or studies about its effect on later cases?

 

[hopingicanhelp]

I'm taking a look at what crimminal negligence means in the State of Georgia. I found this.



So it doesn't mean an intentional act but it implies knowledge of probable consequences and also willful or wanton disregard of the probable effects. To me, for the state to prove criminal negligence, which is required for the 2nd degree child cruelty and then the felony murder to be applied, a willful or wanton disregard must be proven.

To me a willful or wanton disregard for the death of a child is a deliberate and unprovoked act. I'm not sure how that could happen unintentionally. It seems that intent would be involved somehow.

How will a jury see this?

http://www.avvo.com/legal-guides/ugc/the-crime-of-reckless-conduct-in-georgia

Thank you -- that's what I was getting ready to ask: It seems that if you think an SOB to be guilty then the felony murder law is "genius"... if you find someone to be innocent, it's a "travesty"

How exactly will this play out in a jury trial? To be honest, I'm a little scared that he'll walk (despite what I think; I can't and never will be on that jury).

 

[Deleted member 39678]

They have evidence, but not all of it. They have until trial to up the charges. I don't think it's the easy way, but right now it's pretty smart. Have the charges serious enough and have evidence enough to keep him in jail, while you gather a complete case.

I think Casey Anthony changed how parents are charged now. If they had tried her on lesser charges or included them, would she be free? I think you can always find a sympathetic person for a parent on a jury and that's very, very scary.

BBM

I'm not sure why the State of Georgia would need to up the charges from where there at now. They can ask for the death penalty. You can't go much higher than that. JMO.

2010 Georgia Code
TITLE 16 - CRIMES AND OFFENSES
CHAPTER 5 - CRIMES AGAINST THE PERSON
ARTICLE 1 - HOMICIDE
§ 16-5-1 - Murder; felony murder
O.C.G.A. 16-5-1 (2010)
16-5-1. Murder; felony murder

(d) A person convicted of the offense of murder shall be punished by death, by imprisonment for life without parole, or by imprisonment for life.

http://law.justia.com/codes/georgia/2010/title-16/chapter-5/article-1/16-5-1

 

[blue22]

I believe the jury did have the option of sentencing Casey to a lesser charge.

Has there ever been any study done showing that the Anthony trial changed the legal system? I see it brought up whenever someone has not been arrested, charged a certain way, etc...Are there any statistics or studies about its effect on later cases?

I have no idea. It's JMO, that is was a game changer.

By the way, I really think even the lesser charges needed evidence they didn't have.

 

[blue22]

BBM

I'm not sure why the State of Georgia would need to up the charges from where there at now. They can ask for the death penalty. You can't go much higher than that. JMO.



http://law.justia.com/codes/georgia/2010/title-16/chapter-5/article-1/16-5-1

I would be fine with the charges standing, personally.

 

[Deleted member 39678]

I would be fine with the charges standing, personally.

I kind of figured you didn't want to lower them.

I think a lot of people do not know that this is a death penalty case as it stands right now. That's why I posted the Georgia statue showing that.

Some have said that having the death penalty as an option when premeditation is not required is not right.

I agree.

 

[Ruby]

I kind of figured you didn't want to lower them.

I think a lot of people do not know that this is a death penalty case as it stands right now. That's why I posted the Georgia statue showing that.

Some have said that having the death penalty as an option when premeditation is not required is not right.

I agree.

BBM - I tend to agree - seems a bit harsh not to have degrees of murder. I think the reason for the kill should play a factor, and punish accordingly.
But to simplify and put it in its basic form, if you kill you have then murdered. Case closed. Is pretty straight forward.

I'm curious how jury selection will go if the death penalty remains.

my opinion, etc. :moo:

 

[Karmady]

BBM

I'm not sure why the State of Georgia would need to up the charges from where there at now. They can ask for the death penalty. You can't go much higher than that. JMO.



http://law.justia.com/codes/georgia/2010/title-16/chapter-5/article-1/16-5-1

They need to up the charges if they want life or the DP because sentencing under the old law is either not likely to get such a result or it will be overturned on appeal. GA has expressed it's position that second degree child cruelty does not warrant that type of charge. Do you get it already jmo

 

[Karmady]

BBM - I tend to agree - seems a bit harsh not to have degrees of murder. I think the reason for the kill should play a factor, and punish accordingly.
But to simplify and put it in its basic form, if you kill you have then murdered. Case closed. Is pretty straight forward.
I'm curious how jury selection will go if the death penalty remains.

my opinion, etc. :moo:

the bbm is so, so, so not true. There's all KINDS of killing that isn't murder. Killing in war, the imposition of the death penalty, killing in self defense, etc.

 

[Deleted member 39678]

They need to up the charges if they want life or the DP because sentencing under the old law is either not likely to get such a result or it will be overturned on appeal. GA has expressed it's position that second degree child cruelty does not warrant that type of charge. Do you get it already jmo

Where can I find the actual statute for the new Georgia law about this. I saw a post on another thread but there was no link to the source.

I would really like to read the source material. If you don't have it, that's okay. I'll try to find it on my own.