this guy should still be in jail, imho...

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Medic624
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Re: this guy should still be in jail, imho...

#16

Post by Medic624 »

Katygunnut wrote:Call me paranoid if you want to.

My daughters are 11 and 9, and they have been going to public restrooms by themselves for a while now when their Mom is not with us. Whenever this happens, I will watch them to the restroom door, and will keep a watch on the door until they come out. If we are eating in a restaurant, I will move tables (fast food place) or will get up and stand near the restrooms if I don't have a clear line of sight from wherever we are sitting. If they are not out within a few minutes, I send their sister to check on her and tell her to come back out immediately as soon as she makes sure everything is OK. If the sister was to go in and not come out immediately, I would be going in the door myself. This last part has not happened yet.

My biggest concern is with the places that have both restrooms behind a door, and where there is a back door (usually an emergency exit at the end of the hallway). I'm most concerned about a perv snatching a girl and then making a dash for the backdoor.

I also play a little game with my daughters after we have been in a new restaurant for 10-15 minutes. I have them both close their eyes, and then tell me how many exits are in the building (including reasonable guesses about doors in the kitchen, etc)., I ask them where the nearest exit is, and what the safest way out of the building would be (from where we are sitting) if a bad guy came through the front door. Its a good way to pass the time while waiting for food.
WoW...and I thought my wife and I were only like this... Heck, we won't let her out to play without her walkie talkie and she has to "check in" every time we hit the alert tone. she's certainly not allowed to go into a public restroom without watching her enter and leave or with someone ... Ha ha ha but she thinks I'm a freak cause I point out the exits...ha ha
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chasfm11
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Re: this guy should still be in jail, imho...

#17

Post by chasfm11 »

Keith B wrote:It wasn't kiddnapping unfortunately, just Unlawful Restraint. So, use of deadly force is NOT justified. Still is a state jail felony as the girl was under 14. Here is the statute:
PENAL CODE

CHAPTER 20. KIDNAPPING AND UNLAWFUL RESTRAINT

§ 20.01. DEFINITIONS. In this chapter:
(1) "Restrain" means to restrict a person's movements without consent, so as to interfere substantially with the person's liberty, by moving the person from one place to another or by confining the person. Restraint is "without consent" if it is accomplished by:
(A) force, intimidation, or deception; or
(B) any means, including acquiescence of the victim, if:
(i) the victim is a child who is less than 14 years of age or an incompetent person and the parent, guardian, or person or institution acting in loco parentis has not acquiesced in the movement or confinement; or
(ii) the victim is a child who is 14 years of age or older and younger than 17 years of age, the victim is taken outside of the state and outside a 120-mile radius from the victim's residence, and the parent, guardian, or person or institution acting in loco parentis has not acquiesced in the movement.
(2) "Abduct" means to restrain a person with intent to prevent his liberation by:
(A) secreting or holding him in a place where he is not likely to be found; or
(B) using or threatening to use deadly force.
(3) "Relative" means a parent or stepparent, ancestor, sibling, or uncle or aunt, including an adoptive relative of the same degree through marriage or adoption.
(4) "Person" means an individual, corporation, or association.
(5) Notwithstanding Section 1.07, "individual" means a human being who has been born and is alive.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 1999, 76th Leg., ch. 790, § 1, eff. Sept. 1, 1999;
Acts 2003, 78th Leg., ch. 822, § 2.03, eff. Sept. 1, 2003.

§ 20.02. UNLAWFUL RESTRAINT.
(a) A person commits an offense if he intentionally or knowingly restrains another person.
(b) It is an affirmative defense to prosecution under this section that:
(1) the person restrained was a child younger than 14 years of age;
(2) the actor was a relative of the child; and
(3) the actor's sole intent was to assume lawful control of the child.
(c) An offense under this section is a Class A misdemeanor, except that the offense is:
(1) a state jail felony if the person restrained was a child younger than 17 years of age; or
(2) a felony of the third degree if:
(A) the actor recklessly exposes the victim to a substantial risk of serious bodily injury;
(B) the actor restrains an individual the actor knows is a public servant while the public servant is lawfully discharging an official duty or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant; or
(C) the actor while in custody restrains any other person.
(d) It is no offense to detain or move another under this section when it is for the purpose of effecting a lawful arrest or detaining an individual lawfully arrested.
(e) It is an affirmative defense to prosecution under this section that:
(1) the person restrained was a child who is 14 years of age or older and younger than 17 years of age;
(2) the actor does not restrain the child by force, intimidation, or deception; and
(3) the actor is not more than three years older than the child.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 707, § 1(b), 2, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 790, § 2, eff. Sept. 1, 1999;
Acts 2001, 77th Leg., ch. 524, § 1, eff. Sept. 1, 2001.

§ 20.03. KIDNAPPING.
(a) A person commits an offense if he intentionally or knowingly abducts another person.
(b) It is an affirmative defense to prosecution under this section that:
(1) the abduction was not coupled with intent to use or to threaten to use deadly force;
(2) the actor was a relative of the person abducted; and
(3) the actor's sole intent was to assume lawful control of the victim.
(c) An offense under this section is a felony of the third degree.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

§ 20.04. AGGRAVATED KIDNAPPING.
(a) A person commits an offense if he intentionally or knowingly abducts another person with the intent to:
(1) hold him for ransom or reward;
(2) use him as a shield or hostage;
(3) facilitate the commission of a felony or the flight after the attempt or commission of a felony;
(4) inflict bodily injury on him or violate or abuse him sexually;
(5) terrorize him or a third person; or
(6) interfere with the performance of any governmental or political function.
(b) A person commits an offense if the person intentionally or knowingly abducts another person and uses or exhibits a deadly weapon during the commission of the offense.
(c) Except as provided by Subsection (d), an offense under this section is a felony of the first degree.
(d) At the punishment stage of a trial, the defendant may raise the issue as to whether he voluntarily released the victim in a safe place. If the defendant proves the issue in the affirmative by a preponderance of the evidence, the offense is a felony of the second degree.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 318, § 4, eff. Sept. 1, 1995.
But what is the chance that the charge will be plea bargained down to a mis-demeanor and this perv walks with just probation.

I agree with never allowing a child to use the restroom without standing directly outside and monitoring everybody that enters. If that had happened in this case, the problem could have been stopped as soon as the perv tried to hit the door.
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kragluver
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Re: this guy should still be in jail, imho...

#18

Post by kragluver »

Our twin boys are 13 - we still monitor who comes and goes in public restrooms even with them. After their first season of tackle football however, I think they have quickly learned how to apply maximum physical force if need be.

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Bart
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Re: this guy should still be in jail, imho...

#19

Post by Bart »

chasfm11 wrote:But what is the chance that the charge will be plea bargained down to a mis-demeanor and this perv walks with just probation.
Maybe he'll get deferred adjudication.
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jocat54
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Re: this guy should still be in jail, imho...

#20

Post by jocat54 »

Scott in Houston wrote:This is a scenario that makes me worry about carrying...

I'm not 100% sure I could avoid using it against someone like this if that were my daughter. :mad5
Then, I'd be in prison longer than he would have been had he lived.

It's infuriating that he won't even be labeled a sex criminal.
:iagree: and don't really care what the law says, somethings just have to be done sometimes.
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speedsix
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Re: this guy should still be in jail, imho...

#21

Post by speedsix »

kragluver wrote:Our twin boys are 13 - we still monitor who comes and goes in public restrooms even with them. After their first season of tackle football however, I think they have quickly learned how to apply maximum physical force if need be.

...my two older boys were two years apart...in public, they went together...and carried legal pocketknives...and had been taught how to use them and to defend each other...since about 10...
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