Jump to content
Paulding.com
Sign in to follow this  
greg30127

Need a legal define or police person's knowledge..

Recommended Posts

A cousin of mine lives in metro Atlanta and she called and said she found that someone she actually knows is on the sex offender registry here in metro Atlanta. The official Georgia one, but she also found copies of the person's record on other places like the mugshot site, etc.

 

This person was convicted last year and less than a year later had to register and was "released" so they spent a little less than a year in jail for whatever it was they did.

 

Confusing part: It lists their crime simply as "CRUELTY TO CHILDREN - 1ST DEGREE", and that's it. I tried to help her look this up but everything I can find just says it's when a guardian allows someone who's under 18 in their care to fall into danger, or they witness that person beating someone, etc etc. I could not find anything that would give a clue as to why someone who is convicted of that charge would have to be on the state sex registry (??). It says on this person's record under the Predator category - "No", so I'm assuming it has nothing to do with molesting or raping an underage person as the registries usually spell that out if that's a person's conviction.

 

So anyone here know knows their legal stuff enough to know why a cruelty to children charge would cause someone to have to register on the sex registry? This person isn't close to her and has no contact with her kids or anything, but really I'm just curious now 'cause I hate vague stuff and wondered about this on my own.

Share this post


Link to post
Share on other sites

If you do a search on "cruelty to children ga law sex offender," you'll find that many folks registered are convicted only of "cruelty to children."

 

My guess would be that they plead down for the less obnoxious sentence but were still required to register as part of the deal because of the nature of the crime.

 

But I'm just guessing.

Share this post


Link to post
Share on other sites

If you do a search on "cruelty to children ga law sex offender," you'll find that many folks registered are convicted only of "cruelty to children."

 

My guess would be that they plead down for the less obnoxious sentence but were still required to register as part of the deal because of the nature of the crime.

 

But I'm just guessing.

 

I wouldn't think they would allow someone who's actually guilty of any of the molestation charges to plead down to a lesser charge, though. I mean, if you were guilty of molestation I'd think that's what they'd put on the pages. Cruelty to children is awfully vague, and still, to be on that page for something that vague raises lots of ????

Share this post


Link to post
Share on other sites

There are several offenses that require registration if the victim was a minor that are not direct sex crimes but were sexually motivated. Without researching the case through open records you won't really know the details. You will see in the registration law "criminal offense against a minor" is different than the "dangerous sexual offenses against a minor".

 

 

 

O.C.G.A. § 42-1-12 (2012

 

( 9 ) ( A ) "Criminal offense against a victim who is a minor" with respect to convictions occurring on or before June 30, 2001, means any criminal offense under Title 16 or any offense under federal law or the laws of another state or territory of the United States which consists of:

 

(i) Kidnapping of a minor, except by a parent;

 

(ii) False imprisonment of a minor, except by a parent;

 

(iii) Criminal sexual conduct toward a minor;

 

(iv) Solicitation of a minor to engage in sexual conduct;

 

(v) Use of a minor in a sexual performance;

 

(vi) Solicitation of a minor to practice prostitution; or

 

(vii) Any conviction resulting from an underlying sexual offense against a victim who is a minor.

 

(B) "Criminal offense against a victim who is a minor" with respect to convictions occurring after June 30, 2001, means any criminal offense under Title 16 or any offense under federal law or the laws of another state or territory of the United States which consists of:

 

(i) Kidnapping of a minor, except by a parent;

 

(ii) False imprisonment of a minor, except by a parent;

 

(iii) Criminal sexual conduct toward a minor;

 

(iv) Solicitation of a minor to engage in sexual conduct;

 

(v) Use of a minor in a sexual performance;

 

(vi) Solicitation of a minor to practice prostitution;

 

(vii) Use of a minor to engage in any sexually explicit conduct to produce any visual medium depicting such conduct;

 

(viii) Creating, publishing, selling, distributing, or possessing any material depicting a minor or a portion of a minor's body engaged in sexually explicit conduct;

 

(ix) Transmitting, making, selling, buying, or disseminating by means of a computer any descriptive or identifying information regarding a child for the purpose of offering or soliciting sexual conduct of or with a child or the visual depicting of such conduct;

 

(x) Conspiracy to transport, ship, receive, or distribute visual depictions of minors engaged in sexually explicit conduct; or

 

(xi) Any conduct which, by its nature, is a sexual offense against a victim who is a minor.

 

© For purposes of this paragraph, a conviction for a misdemeanor shall not be considered a criminal offense against a victim who is a minor, and conduct which is adjudicated in juvenile court shall not be considered a criminal offense against a victim who is a minor.

 

(10) (A) "Dangerous sexual offense" with respect to convictions occurring on or before June 30, 2006, means any criminal offense, or the attempt to commit any criminal offense, under Title 16 as specified in this paragraph or any offense under federal law or the laws of another state or territory of the United States which consists of the same or similar elements of the following offenses:

 

(i) Aggravated assault with the intent to rape in violation of Code Section 16-5-21;

 

(ii) Rape in violation of Code Section 16-6-1;

 

(iii) Aggravated sodomy in violation of Code Section 16-6-2;

 

(iv) Aggravated child molestation in violation of Code Section 16-6-4; or

 

(v) Aggravated sexual battery in violation of Code Section 16-6-22.2.

 

(B) "Dangerous sexual offense" with respect to convictions occurring after June 30, 2006, means any criminal offense, or the attempt to commit any criminal offense, under Title 16 as specified in this paragraph or any offense under federal law or the laws of another state or territory of the United States which consists of the same or similar elements of the following offenses:

 

(i) Aggravated assault with the intent to rape in violation of Code Section 16-5-21;

 

(ii) Kidnapping in violation of Code Section 16-5-40 which involves a victim who is less than 14 years of age, except by a parent;

 

(iii) False imprisonment in violation of Code Section 16-5-41 which involves a victim who is less than 14 years of age, except by a parent;

 

(iv) Rape in violation of Code Section 16-6-1;

 

(v) Sodomy in violation of Code Section 16-6-2;

 

(vi) Aggravated sodomy in violation of Code Section 16-6-2;

 

(vii) Statutory rape in violation of Code Section 16-6-3, if the individual convicted of the offense is 21 years of age or older;

 

(viii) Child molestation in violation of Code Section 16-6-4;

 

(ix) Aggravated child molestation in violation of Code Section 16-6-4, unless the person was convicted of a misdemeanor offense;

 

(x) Enticing a child for indecent purposes in violation of Code Section 16-6-5;

 

(xi) Sexual assault against persons in custody in violation of Code Section 16-6-5.1;

 

(xii) Incest in violation of Code Section 16-6-22;

 

(xiii) A second conviction for sexual battery in violation of Code Section 16-6-22.1;

 

(xiv) Aggravated sexual battery in violation of Code Section 16-6-22.2;

 

(xv) Sexual exploitation of children in violation of Code Section 16-12-100;

 

(xvi) Electronically furnishing obscene material to minors in violation of Code Section 16-12-100.1;

 

(xvii) Computer pornography and child exploitation prevention in violation of Code Section 16-12-100.2;

 

(xviii) Obscene telephone contact in violation of Code Section 16-12-100.3; or

 

(xix) Any conduct which, by its nature, is a sexual offense against a victim who is a minor or an attempt to commit a sexual offense against a victim who is a minor.

 

 

Edited by Ugadawgs98

Share this post


Link to post
Share on other sites

Without researching the case through open records you won't really know the details.

 

This might sound dumb but I've never done it for anyone before, and my cousin is BARELY internet savy herself. Plus I'm curious enough about this now that I just want to know more on my own, too: Is there a web site you can go to then, that searches these public records where you can get the more detailed information on a case like this? Or is this still done the old fashioned way where you have to go to a court house or something to do it?

Share this post


Link to post
Share on other sites

I wouldn't think they would allow someone who's actually guilty of any of the molestation charges to plead down to a lesser charge, though. I mean, if you were guilty of molestation I'd think that's what they'd put on the pages. Cruelty to children is awfully vague, and still, to be on that page for something that vague raises lots of ????

 

They plead them down all the time. Look up the records of sex offenders on the Cobb County Superior Court website, and you'll see how amazing it is. Sometimes you can actually read the warrants and/or indictments to see what the person did. After reading some of them and seeing that they were pled down or they just got a slap on the wrist, I was almost physically sick. Some people actually get more jail time for drug charges than for child molestation. Drug offenses should definitely have stiff sentences but, IMO, child molestation is a much worse crime.

 

I'll never understand the court system and how they make their decisions as to punishment.

 

This might sound dumb but I've never done it for anyone before, and my cousin is BARELY internet savy herself. Plus I'm curious enough about this now that I just want to know more on my own, too: Is there a web site you can go to then, that searches these public records where you can get the more detailed information on a case like this? Or is this still done the old fashioned way where you have to go to a court house or something to do it?

 

Cobb County give details on their website. I don't know of any other local counties that do, though.

Share this post


Link to post
Share on other sites

This might sound dumb but I've never done it for anyone before, and my cousin is BARELY internet savy herself. Plus I'm curious enough about this now that I just want to know more on my own, too: Is there a web site you can go to then, that searches these public records where you can get the more detailed information on a case like this? Or is this still done the old fashioned way where you have to go to a court house or something to do it?

 

I don't know, everyone is different. The investigating LE agency will have a file and the courts will have another.

Share this post


Link to post
Share on other sites

They plead them down all the time. Look up the records of sex offenders on the Cobb County Superior Court website, and you'll see how amazing it is. Sometimes you can actually read the warrants and/or indictments to see what the person did. After reading some of them and seeing that they were pled down or they just got a slap on the wrist, I was almost physically sick. Some people actually get more jail time for drug charges than for child molestation. Drug offenses should definitely have stiff sentences but, IMO, child molestation is a much worse crime.

 

I'll never understand the court system and how they make their decisions as to punishment.

 

 

 

Cobb County give details on their website. I don't know of any other local counties that do, though.

 

 

Ive been a cop for 14 years here in Georgia and in Oregon. You can plead to most anything as long as the court and prosecution and defense all agree to the circumstances. I've seen all sorts of sex rrimes be plead down to non sexual offenses so the suspect isn't on the registry. The prosecution thinks it saves money and the defense doesn't have their client with the chance of jail time and being on the registry. It's a win win for all involved except for the victim of the crime.

Share this post


Link to post
Share on other sites

That's really sad you can plead something like a sex crime down, then. I figured of all types of crimes those would be ones that were "non-negotiable".

 

This person spent less than a year in jail, too. But now I guess you can negotiate jail time depending on what it was, too. Please tell me if an actual molestation was involved, that people do still spend more time than that in jail.

Share this post


Link to post
Share on other sites

Every crime is negotiable, it all depends on the level of proof and the specific circumstances. Both sides spend lots of time studying the strength of their case to determine which route to go. For example, if the prosecution believes there is a 99% chance in conviction they will not offer much and be more than willing to go to trial. If they estimate their chance is 60% they may be more willing to offer a plea for a lesser included offense to guarantee some punishment instead of taking the chance of losing the entire case at trial.

 

Also, one huge factor in child victim/sex cases and even adult sex cases in general is dealing with the victim. Many are reluctant to go to trial to testify and sometimes it can be difficult for a child victim to convey what happened like an adult can. All these factors come into play.

Share this post


Link to post
Share on other sites

Thanks for the clarifications.

 

Even a charge of child cruelty is bad enough, but to think that this person may actually be guilty of sexually molesting a child but it's just showing up as that "lesser" charge, and they only spent under a year for doing it, is pretty sad. I'll relay the info to her about it.

Share this post


Link to post
Share on other sites

Thanks for the clarifications.

 

Even a charge of child cruelty is bad enough, but to think that this person may actually be guilty of sexually molesting a child but it's just showing up as that "lesser" charge, and they only spent under a year for doing it, is pretty sad. I'll relay the info to her about it.

It's also quiet possible that the person is innocent and took a lesser plea to avoid a trial and a much larger punishment should they have been found guilty of a crime they did not commit.

 

The problem with sexual molestation charges is a lot of the time it comes down to witness testimony. There is rarely any physical evidence. Which is the reason why the prosecution is willing to make a deal. They know they don't have a solid case so they are more willing to deal and get some sort of conviction even if the defendant is in fact innocent.

Share this post


Link to post
Share on other sites

I have to stop reading this thread.

 

CHILDREN!?!?! I will NEVER EVER EVER understand how any adult could hurt/abuse a child.

 

Sick.

Share this post


Link to post
Share on other sites

It's also quiet possible that the person is innocent and took a lesser plea to avoid a trial and a much larger punishment should they have been found guilty of a crime they did not commit.

 

The problem with sexual molestation charges is a lot of the time it comes down to witness testimony. There is rarely any physical evidence. Which is the reason why the prosecution is willing to make a deal. They know they don't have a solid case so they are more willing to deal and get some sort of conviction even if the defendant is in fact innocent.

 

When my daugher came forward with the fact that she had been molested by her step-father, we were told at the sheriff's department that, it the child was under the age of 12, they really didn't need much evidence to arrest the accused perpetrator. We were told that the child's word alone was enough for an arrest.

Share this post


Link to post
Share on other sites

When my daugher came forward with the fact that she had been molested by her step-father, we were told at the sheriff's department that, it the child was under the age of 12, they really didn't need much evidence to arrest the accused perpetrator. We were told that the child's word alone was enough for an arrest.

 

Yup, all it takes is someone to make an accusation and they will arrest the person without any evidence and they will try to convict or get a plea without any evidence.

 

The reasoning is they would rather send an innocent person to jail then let a guilty sexual predator go free.

Share this post


Link to post
Share on other sites

Yup, all it takes is someone to make an accusation and they will arrest the person without any evidence and they will try to convict or get a plea without any evidence.

 

The reasoning is they would rather send an innocent person to jail then let a guilty sexual predator go free.

 

 

As long as the testimony is credible there is no reason not to arrest. People are convicted daily for crimes when the word of the victim is the only evidence. You are rarely going to have any physical evidence or first hand witnesses in that type of situation, ever. That is why we have judges and juries.

Edited by Ugadawgs98

Share this post


Link to post
Share on other sites

There is a huge difference in the level of certainty required for an arrest versus a conviction. That's why these cases often get pled down to lesser offenses. We have seen even more of this since the mandatory minimum sentence for aggravated offenses was increased to 25 years. Any prosecutor would rather see an offender plea to a lesser offense, do a year in jail, and be on probation for ten, than to take the risk of going to court with only the uncorroborated testimony of a child, who may or may not be able to get on the stand and tell the story to 12 complete strangers. It's a sad fact when dealing with these types of cases.

Share this post


Link to post
Share on other sites

There is a huge difference in the level of certainty required for an arrest versus a conviction. That's why these cases often get pled down to lesser offenses. We have seen even more of this since the mandatory minimum sentence for aggravated offenses was increased to 25 years. Any prosecutor would rather see an offender plea to a lesser offense, do a year in jail, and be on probation for ten, than to take the risk of going to court with only the uncorroborated testimony of a child, who may or may not be able to get on the stand and tell the story to 12 complete strangers. It's a sad fact when dealing with these types of cases.

 

Sorry to dredge it up again, but here's what confuses me. To my knowledge (unless I'm wrong), once you are on the Sex Registry List, you're on it for the rest of your life, right? I didn't think it was like "probation", where after a period of time you get removed - once you're there, you're there, unless it's shown that you were innocent later and the verdict gets overturned, right?

 

So that's why the whole bit about plea deals confuses me, especially if there's a change the person could be innocent. I can't figure out how allowing yourself to be put on that registry is any kind of a bargain, regardless of how vague the wording of what you were charged with becomes. If someone has to stay on that list for life, then what are they bargaining for, exactly? Just some lesser jail time? Sorry - I'm on sinus pills so probably not making sense on what I'm confused about. I just don't see what this guy could have been "bargaining" or dealing for, if he still wound up on that registry. I would consider just being on that list hell no matter what kind of jail time you get or don't.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
Sign in to follow this  

×
×
  • Create New...