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Aggravated Assault over state lines

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lusty

Junior Member
What is the name of your state? Utah




76-5-103. Aggravated assault.
(1) A person commits aggravated assault if he commits assault as defined in Section 76-5-102 and he:
(a) intentionally causes serious bodily injury to another; or
(b) under circumstances not amounting to a violation of Subsection (1)(a), uses a dangerous weapon as defined in Section 76-1-601 or other means or force likely to produce death or serious bodily injury.
(2) A violation of Subsection (1)(a) is a second degree felony.
(3) A violation of Subsection (1)(b) is a third degree felony.


I don't know much about statute of limitations. But on Nov 1, 2006 my was invited over to a girls house and taken out of the house and thrown into a car by 4 boys, who proceeded to take him across the state line to Arizona. He knew all four of the boys as enemies. Basically, they almost beat him to death, put a gun to his head, pistol whipped him, cut his clothes off of him, choked him with a belt, and of course they all took turns beating the crap out of him. Well to make it all better, they bought him tylenol and food before dropping him off around the corner from our house. My son begged me back then not to worry about it. I AM VERY WORRIED ABOUT IT! I have talked myself to the main kid that did the damage, and he's quite proud. He brags about it, says he's gonna do it again. ETC

What I need to know is, cuz it happened 6 months ago, is it too late to file a complaint? I don't have pictures, but he did see a doctor for his jaw, and numerous people saw his face from the probation dept, judge saw it, cops....

Can I still file a complaint? The same boy wants to do it again. He brags about it and it all come back to me. I am worried and would like him charged with it.

Someone please help me. This has driven me crazy for 6 months, and everytime I see the kid, he just laughs and smiles at me, cuz he knows he got away with it.
 


The Occultist

Senior Member
Without looking anything up, I can probably safely inform you that the statute of limitations for most felonies are at least a year, meaning you can still file those charges. Something you need to keep in mind, however, is that because all that time has passed, you're pretty much sitting on little to no evidence as to what happened. My advice is to file the police report and see what happens.
 

lusty

Junior Member
Thanks. There wasn't much evidence in the first place besides a swollen head. That is why my kid said not to worry about it cuz basically, what comes around goes around. I think what scared me worse was that he was basically taken and forced into their car AND taken across the state line.

Well, I shall see, I guess.
 

tranquility

Senior Member
Just from your description, it's not just aggrivated assault, but kidnapping. Because it crossed state lines, the FBI would investigate it along with the police. The statute of limiations will not have run yet.

However, be sure you want to report it. While possible, it seems unlikely to be a random event. Once everyone starts looking close at the event, you never know what or who is discovered to be involved and/or what things transpired to make the criminals want to do such a thing.
 

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