[Vision2020] Sentence Appropriate?
Sue Hovey
suehovey at moscow.com
Tue Jun 22 17:56:31 PDT 2010
I agree, Paul. Given the light sentence, I suspect he wasn't aware she was
under age. While I do think there have been a couple of grave injustices
which resulted in light sentences (or one a potential light sentence--well I
think anything less than life in prison is a light sentence for Silas Parks)
I don't see this as that sort of issue. And the fact he has the opportunity
for a withheld judgment, and that the court only asked for 90 days in jail
and 10 years probation is a pretty good indication they don't consider him a
grave risk for reoffending.
Sue H.
--------------------------------------------------
From: "Paul Rumelhart" <godshatter at yahoo.com>
Sent: Sunday, June 20, 2010 10:06 PM
To: "Art Deco" <deco at moscow.com>
Cc: "Vision 2020" <vision2020 at moscow.com>
Subject: Re: [Vision2020] Sentence Appropriate?
>
> My reading comprehension is fine, thank you for your concern.
>
> I'm not discussing this case anymore, I've moved on to discussing this
> particular law. I realize he pleaded guilty, blah, blah, blah. I don't
> know enough about the particulars of the case to be able to say one way
> or the other if the sentence was just. But this law as it stands sounds
> to me like thought crime. I'm against thought crime especially when
> it's made it into our current laws.
>
> If they were eavesdropping (legally) on a conversation between a minor
> and an adult, then I could see it. But if there was no actual person
> involved who was under the age of 16 then no law should have been
> broken. Compare this to an undercover cop selling drugs to the person.
> Buying certain drugs is illegal whether or not you buy them from an
> adult or a child, or a policeman or a citizen. "Enticing" an adult is
> not a crime, so they went and made it one based on the belief of the
> person doing the enticing so they could perform just these kinds of
> sting operations.
>
> That's thought crime, and I don't like it. Just because it's a law does
> not make it right.
>
> Paul
>
> Art Deco wrote:
>> Perhaps you missed this two times:
>>
>> "A Moscow man who *pleaded guilty* to enticing a child over the
>> Internet..."
>>
>> "Kendall W. Heustis, 40, *pleaded guilty* to the charge in Latah
>> County District Court in mid-April."
>>
>> '"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."'
>>
>> 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
>> <http://www.legislature.idaho.gov/idstat/Title18/T18.htm>, Idaho Code.
>>
>> There was no claim by Heustis that he thought other than he was
>> communicating with a 13 year old child. He pled guilty, meeting the
>> elements of I.C. 18-1509A (1).
>>
>>
>> W.
>>
>> ----- Original Message -----
>> *From:* Paul Rumelhart <mailto:godshatter at yahoo.com>
>> *To:* Art Deco <mailto:deco at moscow.com>
>> *Cc:* Vision 2020 <mailto:vision2020 at moscow.com>
>> *Sent:* Sunday, June 20, 2010 9:30 PM
>> *Subject:* Re: [Vision2020] Sentence Appropriate?
>>
>>
>> The question of the legality of this defense in this case aside,
>> how is
>> this not thought crime? If the defendant claimed that they did not
>> believe that the person they were corresponding with was really a
>> 13-year old girl but decided to "go along with it" for the excitement
>> such a fantasy might give him, how would they be able to determine
>> otherwise?
>>
>> Paul
>>
>> Art Deco wrote:
>> > "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
>> > <http://www.legislature.idaho.gov/idstat/Title18/T18.htm>, 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 <mailto:godshatter at yahoo.com>
>> > *To:* Art Deco <mailto:deco at moscow.com>
>> > *Cc:* Vision 2020 <mailto:vision2020 at moscow.com>
>> > *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>
>> <mailto: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>
>> <mailto:clords at dnews.com>
>> > <mailto:clords at dnews.com>.
>> > >
>> > >
>> >
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>> > >
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>> > > mailto:Vision2020 at moscow.com
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>> >
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