[Vision2020] Sentence Appropriate?

Sun Jun 20 19:42:46 PDT 2010

"A Moscow man who pleaded guilty to enticing a child over the Internet..."

Heustis was represented by Chuck Kovis, a very able trial/defense attorney.  If the argument you presented given the evidence presented at court really raised a reasonable doubt, it is highly probable that Kovis would have earned a not guilty plea.

Here is the statute:

18-1509A.Enticing of children over the internet -- Penalties -- Jurisdiction. (1) A person aged eighteen (18) years or older shall be guilty of a felony if he or she knowingly uses the internet to solicit, seduce, lure, persuade or entice by words or actions, or both, a minor child under the age of sixteen (16) years or a person the defendant believes to be a minor child under the age of sixteen (16) years to engage in any sexual act with or against the child where such act is a violation of chapter 15, 61 or 66, title 18, Idaho Code.
(2)  Every person who is convicted of a violation of this section shall be punished by imprisonment in the state prison for a period not to exceed fifteen (15) years.
(3)  It shall not constitute a defense against any charge or violation of this section that a law enforcement officer, peace officer, or other person working at the direction of law enforcement was involved in the detection or investigation of a violation of this section.
(4)  The offense is committed in the state of Idaho for purposes of determining jurisdiction if the transmission that constitutes the offense either originates in or is received in the state of Idaho.

I think this matter of virtuality has been before an appellate court before and has withstood a challenge.

Notice in my comment I said "attempting to entice a virtual 13 year-old girl"

W.
  ----- Original Message ----- 
  From: Paul Rumelhart 
  To: Art Deco 
  Cc: Vision 2020 
  Sent: Sunday, June 20, 2010 5:35 PM
  Subject: Re: [Vision2020] Sentence Appropriate?

  I don't know what to think about this.  If "enticing a child" means that 
  he was setting up a time and place to have sex with a person he thought 
  was 13, then I'm glad they caught him.  But there is an interesting 
  twist to this, though.  What he was charged with doesn't sound like it 
  would be a crime if there was no minor involved.  Since there wasn't an 
  actual minor involved, then this means that they are charging him for 
  thinking that there was a 13-year old on the other end of the wire.  Did 
  they just cross over into thought crime territory?  I don't know.  Did 
  he really believe she was 13?  People lie about their age and gender 
  online all the time.  What if he thought he or she was someone 
  pretending to be 13 and that thought excited him?  Does "enticing a 
  child" cover other aspects that don't involve actual meetings for sex?  
  In other words, were they just "talking dirty" to each other?

  Anyway, I just thought that was an interesting aspect of this case.  You 
  guys can go back to bashing Judge Stegner now.

  Paul

  Art Deco wrote:
  > When are we going to get a district court judge that takes sexual 
  > crimes against children seriously enough to give sentences that 
  > promote deterrence and demonstrates to the community that sexual 
  > crimes against children are not to be tolerated?
  >  
  > Thirty days soft jail time and five years of basically meaningless 
  > probation is hardly an appropriate sentence for attempting to entice a 
  > virtual 13 year-old girl into a sexual encounter.
  >  
  > Who is the greater threat to the well being of the community?  A 
  > single offense offender or a judge that gives many lenient sentences?
  >  
  > Wayne A. Fox
  > 1009 Karen Lane
  > PO Box 9421
  > Moscow, ID  83843
  >  
  > waf at moscow.com <mailto:waf at moscow.com>
  > 208 882-7975
  >
  >
  >   Man gets jail time in Internet crime case
  >
  >
  >       Heustis sentenced to five years probation, 30 days in jail
  >
  > By Christina Lords Daily News staff writer
  >
  > Posted on: Saturday, June 19, 2010
  >
  > A Moscow man who pleaded guilty to enticing a child over the Internet 
  > was sentenced by 2nd District Court Judge John Stegner to 30 days in 
  > jail and five years probation Friday.
  >
  > Kendall W. Heustis, 40, pleaded guilty to the charge in Latah County 
  > District Court in mid-April.
  >
  > He faced a maximum sentence of 15 years in prison and a fine of $50,000.
  >
  > The charge was in relation to an undercover law enforcement sting 
  > conducted by the Washington County Sheriff's Office in Oregon between 
  > April and July 2008. The investigating officer was a member of 
  > Oregon's Internet Crimes Against Children Task Force.
  >
  > The officer posed as a 13-year-old girl from Oregon, and Heustis 
  > exchanged explicit information through chat rooms and Web cameras with 
  > the undercover officer during that time.
  >
  > "It's been a long two years," Heustis said. "I've learned a lot from 
  > it. A lot of things happened because of what I did on the computer, 
  > and I'm paying the price for it."
  >
  > During the sentencing, Michelle Evans, senior deputy prosecuting 
  > attorney for Latah County, asked for 10 years probation and a 90-day 
  > jail sentence.
  >
  > "I think that it's appropriate to impress upon Mr. Heustis ... the 
  > seriousness of what he did," she said.
  >
  > Evans said it was fortunate Heustis was chatting with an undercover 
  > detective instead of an actual victim during the incidents.
  >
  > Heustis must register as a sex offender and complete sex offender 
  > treatment at Valley Treatment Specialties in Clarkston.
  >
  > The computer he used during the enticement incidents, which is in the 
  > possession of the Moscow Police Department, must be forfeited, and he 
  > is not allowed to use the Internet except for purposes congruent with 
  > this probation requirements.
  >
  > Under the terms of his probation, he is not allowed to be alone with 
  > anyone under the age of 18 and cannot frequent any city parks or 
  > schools where children may be present.
  >
  > Heustis is prohibited from consuming alcohol, but Stegner said Heustis 
  > would still be allowed to enter some bars to be able to continue 
  > playing drums in his band.
  >
  > He was sentenced to pay $100 in court costs.
  >
  > Latah County has never pursued an enticement case like this before, 
  > Evans said.
  >
  > *Christina Lords *can be reached at (208) 882-5561, ext. 301, or by 
  > e-mail to clords at dnews.com <mailto:clords at dnews.com>.
  >
  > ------------------------------------------------------------------------
  >
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