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<DIV><FONT size=2>So what if X negotiates with Y "thinking" he/she is a gun for
hire to off Z.</FONT></DIV>
<DIV><FONT size=2></FONT> </DIV>
<DIV><FONT size=2>Y is not an actual gun for hire just as the undercover agent
in the Heustis case was not a real 13 year-old.</FONT></DIV>
<DIV><FONT size=2></FONT> </DIV>
<DIV><FONT size=2>What's the difference?</FONT></DIV>
<DIV><FONT size=2></FONT> </DIV>
<DIV><FONT size=2>W.</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 10:06
PM</DIV>
<DIV style="FONT: 10pt arial"><B>Subject:</B> Re: [Vision2020] Sentence
Appropriate?</DIV>
<DIV><BR></DIV><BR>My reading comprehension is fine, thank you for your
concern.<BR><BR>I'm not discussing this case anymore, I've moved on to
discussing this <BR>particular law. I realize he pleaded guilty, blah,
blah, blah. I don't <BR>know enough about the particulars of the case to
be able to say one way <BR>or the other if the sentence was just. But
this law as it stands sounds <BR>to me like thought crime. I'm against
thought crime especially when <BR>it's made it into our current
laws.<BR><BR>If they were eavesdropping (legally) on a conversation between a
minor <BR>and an adult, then I could see it. But if there was no actual
person <BR>involved who was under the age of 16 then no law should have been
<BR>broken. Compare this to an undercover cop selling drugs to the
person. <BR>Buying certain drugs is illegal whether or not you buy them
from an <BR>adult or a child, or a policeman or a citizen. "Enticing" an
adult is <BR>not a crime, so they went and made it one based on the belief of
the <BR>person doing the enticing so they could perform just these kinds of
<BR>sting operations.<BR><BR>That's thought crime, and I don't like it.
Just because it's a law does <BR>not make it right.<BR><BR>Paul<BR><BR>Art
Deco wrote:<BR>> Perhaps you missed this two times:<BR>> <BR>>
"A Moscow man who *pleaded guilty* to enticing a child over the <BR>>
Internet..."<BR>> <BR>> "Kendall W. Heustis, 40, *pleaded guilty*
to the charge in Latah <BR>> County District Court in
mid-April."<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>> 18-1509A.Enticing of children over the internet
-- Penalties -- <BR>> Jurisdiction. (1) A person aged eighteen (18) years
or older shall be <BR>> guilty of a felony if he or she knowingly uses the
internet to <BR>> solicit, seduce, lure, persuade or entice by words or
actions, or <BR>> both, a minor child under the age of sixteen (16) years
*or a person <BR>> the defendant believes to be a minor child under the age
of sixteen <BR>> (16) years* to engage in any sexual act with or against
the child <BR>> where such act is a violation of chapter 15, 61 or 66,
title 18 <BR>> <<A
href="http://www.legislature.idaho.gov/idstat/Title18/T18.htm">http://www.legislature.idaho.gov/idstat/Title18/T18.htm</A>>,
Idaho Code.<BR>> <BR>> There was no claim by Heustis that he
thought other than he was <BR>> communicating with a 13 year old
child. He pled guilty, meeting the <BR>> elements of I.C. 18-1509A
(1).<BR>> <BR>> <BR>>
W.<BR>><BR>> ----- Original Message
-----<BR>> *From:* Paul Rumelhart <<A
href="mailto:godshatter@yahoo.com">mailto:godshatter@yahoo.com</A>><BR>>
*To:* Art Deco <<A
href="mailto:deco@moscow.com">mailto:deco@moscow.com</A>><BR>>
*Cc:* Vision 2020 <<A
href="mailto:vision2020@moscow.com">mailto:vision2020@moscow.com</A>><BR>>
*Sent:* Sunday, June 20, 2010 9:30 PM<BR>>
*Subject:* Re: [Vision2020] Sentence
Appropriate?<BR>><BR>><BR>> The question of
the legality of this defense in this case
aside,<BR>> how is<BR>>
this not thought crime? If the defendant claimed that they
did not<BR>> believe that the person they were
corresponding with was really a<BR>> 13-year old
girl but decided to "go along with it" for the
excitement<BR>> such a fantasy might give him, how
would they be able to determine<BR>>
otherwise?<BR>><BR>>
Paul<BR>><BR>> Art Deco
wrote:<BR>> > "A Moscow man who *pleaded guilty*
to enticing a child over the<BR>> >
Internet..."<BR>> >
<BR>> > Heustis was represented by Chuck Kovis,
a very able trial/defense<BR>> > attorney.
If the argument you presented given the
evidence<BR>>
presented<BR>> > at court really raised a
reasonable doubt, it is highly probable<BR>>
that<BR>> > Kovis would have earned a not guilty
plea.<BR>> > <BR>>
> Here is the statute:<BR>> >
<BR>> > 18-1509A.Enticing of children over the
internet -- Penalties --<BR>> > Jurisdiction.
(1) A person aged eighteen (18) years or older<BR>>
shall be<BR>> > guilty of a felony if he or she
knowingly uses the internet to<BR>> > solicit,
seduce, lure, persuade or entice by words or actions,
or<BR>> > both, a minor child under the age of
sixteen (16) years *or a<BR>>
person<BR>> > the defendant believes to be a
minor child under the age of sixteen<BR>> > (16)
years* to engage in any sexual act with or against the
child<BR>> > where such act is a violation of
chapter 15, 61 or 66, title 18<BR>> > <<A
href="http://www.legislature.idaho.gov/idstat/Title18/T18.htm">http://www.legislature.idaho.gov/idstat/Title18/T18.htm</A>>,
Idaho<BR>> Code.<BR>>
> (2) Every person who is convicted of a violation of this
section<BR>> > shall be punished by imprisonment
in the state prison for a<BR>> period
not<BR>> > to exceed fifteen (15)
years.<BR>> > (3) It shall not constitute
a defense against any charge or<BR>>
violation<BR>> > of this section that a law
enforcement officer, peace officer, or<BR>> >
other person working at the direction of law enforcement
was<BR>> involved<BR>>
> in the detection or investigation of a violation of this
section.<BR>> > (4) The offense is
committed in the state of Idaho for purposes
of<BR>> > determining jurisdiction if the
transmission that constitutes the<BR>> > offense
either originates in or is received in the state of
Idaho.<BR>> > <BR>>
> <BR>> > I think this matter of virtuality
has been before an appellate<BR>>
court<BR>> > before and has withstood a
challenge.<BR>> >
<BR>> > Notice in my comment I said "attempting
to entice a *virtual *13<BR>> > year-old
girl"<BR>> > <BR>>
> W.<BR>> ><BR>>
> ----- Original Message
-----<BR>> > *From:*
Paul Rumelhart <<A
href="mailto:godshatter@yahoo.com">mailto:godshatter@yahoo.com</A>><BR>>
> *To:* Art Deco <<A
href="mailto:deco@moscow.com">mailto:deco@moscow.com</A>><BR>>
> *Cc:* Vision 2020 <<A
href="mailto:vision2020@moscow.com">mailto:vision2020@moscow.com</A>><BR>>
> *Sent:* Sunday, June 20, 2010 5:35
PM<BR>> > *Subject:* Re:
[Vision2020] Sentence Appropriate?<BR>>
><BR>> ><BR>>
> I don't know what to think about this. If
"enticing a child"<BR>>
> means that<BR>>
> he was setting up a time and place to have sex
with a person he<BR>> >
thought<BR>> > was 13,
then I'm glad they caught him. But there is
an<BR>> interesting<BR>>
> twist to this, though. What he was charged
with doesn't sound<BR>>
> like it<BR>>
> would be a crime if there was no minor
involved. Since there<BR>>
> wasn't an<BR>>
> actual minor involved, then this means that they
are<BR>> charging him
for<BR>> > thinking that
there was a 13-year old on the other end of
the<BR>> > wire.
Did<BR>> > they just
cross over into thought crime territory? I
don't<BR>> know.<BR>>
> Did<BR>>
> he really believe she was 13? People lie
about their age<BR>> 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<BR>> "enticing
a<BR>> > child" cover
other aspects that don't involve actual<BR>>
meetings for<BR>> >
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<BR>> >
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<BR>>
sexual<BR>> > >
crimes against children seriously enough to give
sentences<BR>> that<BR>>
> > promote deterrence and demonstrates to the
community that<BR>>
sexual<BR>> > >
crimes against children are not to be
tolerated?<BR>> >
><BR>> > > Thirty
days soft jail time and five years of
basically<BR>>
meaningless<BR>> > >
probation is hardly an appropriate sentence for attempting
to<BR>> > 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<BR>> community?
A<BR>> > > single
offense offender or a judge that gives many
lenient<BR>> >
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>>
<<A href="mailto:waf@moscow.com">mailto: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<BR>> 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<BR>> >
Internet<BR>> > > was
sentenced by 2nd District Court Judge John Stegner to
30<BR>> > days
in<BR>> > > jail and
five years probation Friday.<BR>>
> ><BR>>
> > Kendall W. Heustis, 40, pleaded guilty to
the charge in Latah<BR>>
> County<BR>>
> > District Court in
mid-April.<BR>> >
><BR>> > > He
faced a maximum sentence of 15 years in prison and
a<BR>> fine of<BR>>
> $50,000.<BR>>
> ><BR>>
> > The charge was in relation to an undercover
law<BR>> enforcement
sting<BR>> > >
conducted by the Washington County Sheriff's Office in
Oregon<BR>> >
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<BR>>
Heustis<BR>> > >
exchanged explicit information through chat rooms and
Web<BR>> > cameras
with<BR>> > > the
undercover officer during that time.<BR>>
> ><BR>>
> > "It's been a long two years," Heustis said.
"I've learned<BR>> a
lot<BR>> >
from<BR>> > > it. A
lot of things happened because of what I did on
the<BR>> computer,<BR>>
> > and I'm paying the price for
it."<BR>> >
><BR>> > > During
the sentencing, Michelle Evans, senior deputy<BR>>
prosecuting<BR>> > >
attorney for Latah County, asked for 10 years probation and
a<BR>> >
90-day<BR>> > > jail
sentence.<BR>> >
><BR>> > > "I
think that it's appropriate to impress upon Mr.
Heustis<BR>> ...
the<BR>> > >
seriousness of what he did," she said.<BR>>
> ><BR>>
> > Evans said it was fortunate Heustis was
chatting with an<BR>>
undercover<BR>> > >
detective instead of an actual victim during the
incidents.<BR>> >
><BR>> > > Heustis
must register as a sex offender and complete
sex<BR>> offender<BR>>
> > treatment at Valley Treatment Specialties in
Clarkston.<BR>> >
><BR>> > > The
computer he used during the enticement incidents, which
is<BR>> > in
the<BR>> > >
possession of the Moscow Police Department, must be
forfeited,<BR>> > and
he<BR>> > > is not
allowed to use the Internet except for
purposes<BR>>
congruent<BR>> >
with<BR>> > > this
probation requirements.<BR>>
> ><BR>>
> > Under the terms of his probation, he is not
allowed to be<BR>>
alone<BR>> >
with<BR>> > > anyone
under the age of 18 and cannot frequent any
city<BR>> parks or<BR>>
> > schools where children may be
present.<BR>> >
><BR>> > > Heustis
is prohibited from consuming alcohol, but Stegner
said<BR>> >
Heustis<BR>> > >
would still be allowed to enter some bars to be able
to<BR>> 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<BR>> this
before,<BR>> > >
Evans said.<BR>> >
><BR>> > >
*Christina Lords *can be reached at (208) 882-5561,
ext.<BR>> 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>>
<<A
href="mailto:clords@dnews.com">mailto:clords@dnews.com</A>><BR>>
> <<A
href="mailto:clords@dnews.com">mailto:clords@dnews.com</A>>.<BR>>
> ><BR>>
> ><BR>>
> <BR>>
------------------------------------------------------------------------<BR>>
> ><BR>>
> >
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<BR>> >
>
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<BR>> >
> <A
href="mailto:Vision2020@moscow.com">mailto:Vision2020@moscow.com</A><BR>>
> >
=======================================================<BR>>
><BR>> ><BR>>
><BR>>
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><BR>> >
=======================================================<BR>>
> List services made available by First Step
Internet,<BR>> > serving the communities
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>
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<BR>>
> <A
href="mailto:Vision2020@moscow.com">mailto:Vision2020@moscow.com</A><BR>>
>
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