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  1. #1
    CNUmartyr Guest

    Contributing to the Delinquency of a Minor

    What is the name of your state?
    Virginia

    I'm 18, in the Army in DEP and a cadet, going to college full-time. This summer I have been working about 60 hour weeks at a moving company. So I ended up meeting a girl online. She had said she was 17. I went to see her on 7/15/04 and we had a good time. I went back on 7/24/04 and at the end of the night we decided to pull off the main highway onto a back street. We ended up getting in the back of the truck. When the cops arrived she was nude and I was shirtless. When the officer asked her age she had said she was 17. Later when he asked her Date of Birth she said 1990. I was a little suprised to say the least. The officer pulled me aside and told me she was cute and that she didn't look 14 and that I need to be more careful. Nothing happened between the 2 of us and nothing was happening when the officer arrived.

    The officer gave me a summons for Contributing to the Delinquency of a Minor and told me I would not be facing jailtime. He basically said he didn't really care what she had told me, and that I could have gotten a more serious charge.

    My question is what would be the best course of action in dealing with this. There was one mistake on the summons, it says I have brown eyes and I have blue eyes, would that be a loophole for dismissal? This is my first charge, and it is a class 1 misdemeanor. I am in the Army as an E-1 in the DEP program and a Cadet E-4 starting my sophomore year in college. If I plead guilty was would be a normal sentence? I looked up the punishment online and it was 0-12 Months and up to $2,500 in fines. I'm just wondering what the best course of action for me would be.
  2. #2
    I AM ALWAYS LIABLE is offline Senior Member
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    My response:

    Well?

    Are you going to keep us all in suspense?

    After the cop left, did you finally get some?

    IAAL
  3. #3
    CNUmartyr Guest
    Nope.. I wasn't arrested and was let go. She was taken into police custody as her parents were not reachable. I have a feeling she gave the wrong phone number. So they put her in the back of the squad car as I drove off and were going to call Social Services to put her in their custody until her parents could be reached.
  4. #4
    I AM ALWAYS LIABLE is offline Senior Member
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    Quote Originally Posted by CNUmartyr
    Nope.. I wasn't arrested and was let go. She was taken into police custody as her parents were not reachable. I have a feeling she gave the wrong phone number. So they put her in the back of the squad car as I drove off and were going to call Social Services to put her in their custody until her parents could be reached.

    My response:

    Then, it was a complete waste of time, and you're going to jail for it. Bummer.

    IAAL
  5. #5
    JETX is offline Senior Member
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    Quote Originally Posted by CNUmartyr
    My question is what would be the best course of action in dealing with this.
    Gee, sounds like a guilty plea would be appropriate.

    There was one mistake on the summons, it says I have brown eyes and I have blue eyes, would that be a loophole for dismissal?
    ROTFLMAO!!! No.

    This is my first charge, and it is a class 1 misdemeanor. I am in the Army as an E-1 in the DEP program and a Cadet E-4 starting my sophomore year in college. If I plead guilty was would be a normal sentence?
    Obviously no one can answer that except to provide the range of POSSIBLE punishment.
    However, in reviewing the Viriginia Code, there is a problem with your charge. Your post says that the female was 14 YOA. Here is the actual statute you claim to have been charged with:
    " 18.2-371. Causing or encouraging acts rendering children delinquent, abused, etc.; penalty; abandoned infant.
    Any person 18 years of age or older, including the parent of any child, who (i) willfully contributes to, encourages, or causes any act, omission, or condition which renders a child delinquent, in need of services, in need of supervision, or abused or neglected as defined in 16.1-228, or (ii) engages in consensual sexual intercourse with a child 15 or older not his spouse, child, or grandchild, shall be guilty of a Class 1 misdemeanor. This section shall not be construed as repealing, modifying, or in any way affecting 18.2-18, 18.2-19, 18.2-61, 18.2-63, 18.2-66, and 18.2-347."
    If she is truly only 14, it is possible that the prosecution could change the crime..... and it could become a MUCH more serious one....

    " 18.2-63. Carnal knowledge of child between thirteen and fifteen years of age.

    If any person carnally knows, without the use of force, a child thirteen years of age or older but under fifteen years of age, such person shall be guilty of a Class 4 felony.

    However, if such child is thirteen years of age or older but under fifteen years of age and consents to sexual intercourse and the accused is a minor and such consenting child is three years or more the accused's junior, the accused shall be guilty of a Class 6 felony. If such consenting child is less than three years the accused's junior, the accused shall be guilty of a Class 4 misdemeanor. "

    I'm just wondering what the best course of action for me would be.
    Clearly, the best action at this point is to hire a competent criminal attorney.
  6. #6
    CNUmartyr Guest
    I understand the whole intercourse part and all of that. But literally nothing happened, she and I both told the officers that. So if literally nothing happened, why would the state bump the charge up? I mean the officer basically told me it was minor and to not worry about it and that I wouldn't be facing jail time. Should I subpoena that officer as a character witness for who I acted when he arrived and that I was cooperative? Is it a good defense to claim that I didn't know since she had told me she was 17? When the officers questioned her she even said that nothing happened.
  7. #7
    I AM ALWAYS LIABLE is offline Senior Member
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    " 18.2-371. Causing or encouraging acts rendering children delinquent, abused, etc.; penalty; abandoned infant.
    Any person 18 years of age or older, including the parent of any child, who (i) willfully contributes to, encourages, or causes any act, omission, or condition which renders a child delinquent, in need of services, in need of supervision, or abused or neglected as defined in 16.1-228, or (ii) engages in consensual sexual intercourse with a child 15 or older not his spouse, child, or grandchild, shall be guilty of a Class 1 misdemeanor. This section shall not be construed as repealing, modifying, or in any way affecting 18.2-18, 18.2-19, 18.2-61, 18.2-63, 18.2-66, and 18.2-347."


    My response:

    Let's take a little closer look at that Virginia statute (which I find very funny) - -

    "Any person 18 years of age or older, including the parent of any child, who . . . (ii) engages in consensual sexual intercourse with a child 15 or older not his spouse . . ."

    Apparently, the Virginia Legislature knows it's citizenry VERY well; that they have a predilection for INCEST!

    Too funny!

    IAAL
  8. #8
    CNUmartyr Guest
    Is there a way for her and her parents to drop the charges since it did occur with their daughter?
  9. #9
    I AM ALWAYS LIABLE is offline Senior Member
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    Quote Originally Posted by CNUmartyr
    Is there a way for her and her parents to drop the charges since it did occur with their daughter?

    My response:

    Since this occurred in Virginia, and you're undoubtedly dealing with a bunch of mountain Hillbillies, then sure, if you just tell the parents that you were desperately trying to boink their "cute" daughter, then the parents should understand and help you to have the charges dismissed.

    IAAL
  10. #10
    CNUmartyr Guest
    IAAL - In all seriousness and all jokes aside, do you know if the parents can drop the charges if they wanted to?
  11. #11
    I AM ALWAYS LIABLE is offline Senior Member
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    Quote Originally Posted by CNUmartyr
    IAAL - In all seriousness and all jokes aside, do you know if the parents can drop the charges if they wanted to?

    My response:

    Oh, please. Go away, idiot.

    You've already been advised to obtain the assistance of a criminal law attorney. But, it won't matter. You see, I don't believe you at all. I think you knew exactly how old she was right from the "get go" and you didn't care. You let your penis do your thinking for you, and now it's going to cost you BIG TIME, but you're going to jail anyway.

    Start packing your toothbrush, a change of underwear and most important, a few tubes of KY Jelly. Cuts down on the friction when Bubba gets you.

    IAAL
  12. #12
    CNUmartyr Guest
    I'm going to get an attorney, I thought it might be a good idea here to ask questions and find out a little more about the law. I didn't realize I would be presumed guilty just for coming here and asking questions.
  13. #13
    I AM ALWAYS LIABLE is offline Senior Member
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    Quote Originally Posted by CNUmartyr
    I'm going to get an attorney, I thought it might be a good idea here to ask questions and find out a little more about the law. I didn't realize I would be presumed guilty just for coming here and asking questions.

    My response:

    Pal, just like the other night when you weren't thinking, you're still not thinking.

    The fact is, she's 14. The fact is, you're 18. The fact is, you were trying to boink her. That's "guilt" no matter how you slice it. There's no "presumption". What? Do you really need to hear the judge's gavel hit the bench before you or anyone believes you're guilty. Get real, will you?

    Oh, and notice that you DIDN'T deny knowing that she was 14 before you met up with her. Wanna know how I know this?

    IAAL
    Last edited by I AM ALWAYS LIABLE; 07-25-2004 at 12:20 PM.
  14. #14
    CNUmartyr Guest
    Not positive what you mean.. but sure IAAL tell me.
  15. #15
    I AM ALWAYS LIABLE is offline Senior Member
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    Quote Originally Posted by CNUmartyr
    Not positive what you mean.. but sure IAAL tell me.

    My response:

    Of course you "know" what I mean. Stop playing "Stupid".

    IAAL

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