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<DIV><FONT color=#0000ff>"A Moscow man who <STRONG>pleaded guilty</STRONG> to
enticing a child over the Internet..."</FONT></DIV>
<DIV> </DIV>
<DIV>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.</DIV>
<DIV><FONT size=2></FONT> </DIV>
<DIV>Here is the statute:</DIV>
<DIV> </DIV>
<DIV><FONT size=2>
<DIV style="TEXT-ALIGN: justify; LINE-HEIGHT: 12pt; PADDING-TOP: 9pt"><SPAN
style="TEXT-TRANSFORM: uppercase; FONT-FAMILY: Courier New"
class=f11s>18-1509A.Enticing of children over the internet -- Penalties --
Jurisdiction. </SPAN><SPAN style="FONT-FAMILY: Courier New" class=f11s>(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
<STRONG><FONT size=3>or a person the defendant believes to be a minor child
under the age of sixteen (16) years</FONT></STRONG> to engage in any sexual act
with or against the child where such act is a violation of chapter 15, 61 or 66,
<SPAN style="COLOR: blue; TEXT-DECORATION: underline"><A
href="http://www.legislature.idaho.gov/idstat/Title18/T18.htm">title
18</A></SPAN>, Idaho Code.</SPAN></DIV>
<DIV style="TEXT-ALIGN: justify; LINE-HEIGHT: 12pt; TEXT-INDENT: 5.9%"><SPAN
style="FONT-FAMILY: Courier New" class=f11s>(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.</SPAN></DIV>
<DIV style="TEXT-ALIGN: justify; LINE-HEIGHT: 12pt; TEXT-INDENT: 5.9%"><SPAN
style="FONT-FAMILY: Courier New" class=f11s>(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.</SPAN></DIV>
<DIV style="TEXT-ALIGN: justify; LINE-HEIGHT: 12pt; TEXT-INDENT: 5.9%"><SPAN
style="FONT-FAMILY: Courier New" class=f11s>(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.</SPAN></DIV></FONT></DIV>
<DIV><FONT size=2></FONT> </DIV>
<DIV> </DIV>
<DIV>I think this matter of virtuality has been before an appellate court before
and has withstood a challenge.</DIV>
<DIV> </DIV>
<DIV>Notice in my comment I said "<FONT color=#0000ff>attempting to entice
a <STRONG>virtual </STRONG>13 year-old girl"</FONT></DIV>
<DIV> </DIV>
<DIV><FONT size=2><FONT size=3>W</FONT>.</FONT></DIV>
<BLOCKQUOTE
style="BORDER-LEFT: #000000 2px solid; PADDING-LEFT: 5px; PADDING-RIGHT: 0px; MARGIN-LEFT: 5px; MARGIN-RIGHT: 0px">
<DIV style="FONT: 10pt arial">----- Original Message ----- </DIV>
<DIV
style="FONT: 10pt arial; BACKGROUND: #e4e4e4; font-color: black"><B>From:</B>
<A title=godshatter@yahoo.com href="mailto:godshatter@yahoo.com">Paul
Rumelhart</A> </DIV>
<DIV style="FONT: 10pt arial"><B>To:</B> <A title=deco@moscow.com
href="mailto:deco@moscow.com">Art Deco</A> </DIV>
<DIV style="FONT: 10pt arial"><B>Cc:</B> <A title=vision2020@moscow.com
href="mailto:vision2020@moscow.com">Vision 2020</A> </DIV>
<DIV style="FONT: 10pt arial"><B>Sent:</B> Sunday, June 20, 2010 5:35 PM</DIV>
<DIV style="FONT: 10pt arial"><B>Subject:</B> Re: [Vision2020] Sentence
Appropriate?</DIV>
<DIV><BR></DIV><BR>I don't know what to think about this. If "enticing a
child" means that <BR>he was setting up a time and place to have sex with a
person he thought <BR>was 13, then I'm glad they caught him. But there
is an interesting <BR>twist to this, though. What he was charged with
doesn't sound like it <BR>would be a crime if there was no minor
involved. Since there wasn't an <BR>actual minor involved, then this
means that they are charging him for <BR>thinking that there was a 13-year old
on the other end of the wire. Did <BR>they just cross over into thought
crime territory? I don't know. Did <BR>he really believe she was
13? People lie about their age and gender <BR>online all the time.
What if he thought he or she was someone <BR>pretending to be 13 and that
thought excited him? Does "enticing a <BR>child" cover other aspects
that don't involve actual meetings for sex? <BR>In other words, were
they just "talking dirty" to each other?<BR><BR>Anyway, I just thought that
was an interesting aspect of this case. You <BR>guys can go back to
bashing Judge Stegner now.<BR><BR>Paul<BR><BR>Art Deco wrote:<BR>> When are
we going to get a district court judge that takes sexual <BR>> crimes
against children seriously enough to give sentences that <BR>> promote
deterrence and demonstrates to the community that sexual <BR>> crimes
against children are not to be tolerated?<BR>> <BR>> Thirty days
soft jail time and five years of basically meaningless <BR>> probation is
hardly an appropriate sentence for attempting to entice a <BR>> virtual 13
year-old girl into a sexual encounter.<BR>> <BR>> Who is the
greater threat to the well being of the community? A <BR>> single
offense offender or a judge that gives many lenient sentences?<BR>>
<BR>> Wayne A. Fox<BR>> 1009 Karen Lane<BR>> PO Box 9421<BR>>
Moscow, ID 83843<BR>> <BR>> <A
href="mailto:waf@moscow.com">waf@moscow.com</A> <<A
href="mailto:waf@moscow.com">mailto:waf@moscow.com</A>><BR>> 208
882-7975<BR>><BR>><BR>> Man gets jail time in Internet
crime case<BR>><BR>><BR>> Heustis
sentenced to five years probation, 30 days in jail<BR>><BR>> By
Christina Lords Daily News staff writer<BR>><BR>> Posted on: Saturday,
June 19, 2010<BR>><BR>> A Moscow man who pleaded guilty to enticing a
child over the Internet <BR>> was sentenced by 2nd District Court Judge
John Stegner to 30 days in <BR>> jail and five years probation
Friday.<BR>><BR>> Kendall W. Heustis, 40, pleaded guilty to the charge
in Latah County <BR>> District Court in mid-April.<BR>><BR>> He faced
a maximum sentence of 15 years in prison and a fine of
$50,000.<BR>><BR>> The charge was in relation to an undercover law
enforcement sting <BR>> conducted by the Washington County Sheriff's Office
in Oregon between <BR>> April and July 2008. The investigating officer was
a member of <BR>> Oregon's Internet Crimes Against Children Task
Force.<BR>><BR>> The officer posed as a 13-year-old girl from Oregon,
and Heustis <BR>> exchanged explicit information through chat rooms and Web
cameras with <BR>> the undercover officer during that time.<BR>><BR>>
"It's been a long two years," Heustis said. "I've learned a lot from <BR>>
it. A lot of things happened because of what I did on the computer, <BR>>
and I'm paying the price for it."<BR>><BR>> During the sentencing,
Michelle Evans, senior deputy prosecuting <BR>> attorney for Latah County,
asked for 10 years probation and a 90-day <BR>> jail
sentence.<BR>><BR>> "I think that it's appropriate to impress upon Mr.
Heustis ... the <BR>> seriousness of what he did," she
said.<BR>><BR>> Evans said it was fortunate Heustis was chatting with an
undercover <BR>> detective instead of an actual victim during the
incidents.<BR>><BR>> Heustis must register as a sex offender and
complete sex offender <BR>> treatment at Valley Treatment Specialties in
Clarkston.<BR>><BR>> The computer he used during the enticement
incidents, which is in the <BR>> possession of the Moscow Police
Department, must be forfeited, and he <BR>> is not allowed to use the
Internet except for purposes congruent with <BR>> this probation
requirements.<BR>><BR>> Under the terms of his probation, he is not
allowed to be alone with <BR>> anyone under the age of 18 and cannot
frequent any city parks or <BR>> schools where children may be
present.<BR>><BR>> Heustis is prohibited from consuming alcohol, but
Stegner said Heustis <BR>> would still be allowed to enter some bars to be
able to continue <BR>> playing drums in his band.<BR>><BR>> He was
sentenced to pay $100 in court costs.<BR>><BR>> Latah County has never
pursued an enticement case like this before, <BR>> Evans
said.<BR>><BR>> *Christina Lords *can be reached at (208) 882-5561, ext.
301, or by <BR>> e-mail to <A
href="mailto:clords@dnews.com">clords@dnews.com</A> <<A
href="mailto:clords@dnews.com">mailto:clords@dnews.com</A>>.<BR>><BR>>
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