Jurisdiction??

[tln6801]

What is the name of your state (only U.S. law)?
Ohio.
Can a 16 year old be charged for a crime that allegedly took place in the state of Indiana.

 

[CourtClerk]

Absolutely. If the juvenile delinquent committed a crime in Indiana, Indiana could charge them.

 

[tln6801]

lets rephrase. can the state of ohio charge a 16 year old for a crime that took place in the state of Indiana.

 

[Banned_Princess]

lets rephrase. can the state of ohio charge a 16 year old for a crime that took place in the state of Indiana.

What was the crime.

 

[tln6801]

GSI but what difference does it make???

 

[cyjeff]

One state will arrest you and then you will sent back to the state where the crime occurred.

 

[CourtClerk]

What was the crime.

What difference does it make if it was a STATE offense?

 

[CdwJava]

GSI but what difference does it make???

Uh ... what is "GSI?" (I'm guessing this concerns a sex crime where you or someone else - an adult - are accused of luring or enticing a minor from Ohio to Indiana for the purpose of sexual intercourse. Is that it?)

There might be circumstances that could permit this, yes. If the crime can be argued as having begun in Ohio, then they can certainly charge the person in Ohio.

Perhaps you should start by laying out some of the details.

 

[tln6801]

details...
Our family lived in Indiana for 4 years. We move to Ohio in June 2010.
3 weeks ago my 13 year old daugher made accuations that her 16 year old step brother (we all live together) had grapped her hand on several occasions and tried to get her to touch is penis. She stated that she never actually touched his penis skin on skin, but through pants. She said she always pulled her hand away. She said the first offense happened at age 11 in the state of Indiana. The last offence was in Ohio at age 13. She states that these incidents happened about 6-7 times with all but the last one happening in state of Indiana.
He has been charged with GSI in the state of Ohio. The G makes it a felony charge in Ohio because the victim was under age 13 when the crime occured.

 

[mistoffolees]

details...
Our family lived in Indiana for 4 years. We move to Ohio in June 2010.
3 weeks ago my 13 year old daugher made accuations that her 16 year old step brother (we all live together) had grapped her hand on several occasions and tried to get her to touch is penis. She stated that she never actually touched his penis skin on skin, but through pants. She said she always pulled her hand away. She said the first offense happened at age 11 in the state of Indiana. The last offence was in Ohio at age 13. She states that these incidents happened about 6-7 times with all but the last one happening in state of Indiana.
He has been charged with GSI in the state of Ohio. The G makes it a felony charge in Ohio because the victim was under age 13 when the crime occured.

Then instead of spending time here, you should be out searching for an attorney - if he's charged, you can't simply ignore it just because you think there might be jurisdictional issues.

Meanwhile, they both need counseling.

 

[CdwJava]

It sounds as if the agency in Ohio has determined there is probable cause to believe that at least one of the offenses occurred there. if they have charged him with a crime, he needs an attorney.

And, Indiana may jump on board this train as well, so he may well have some very serious problems in TWO states.

 

[tln6801]

yes...He has retained attorney in Ohio, But if Indiana does not decide to jump on this, can Ohio charge him for the crime that happened in Indiana. And what is the likely hood that the state of Indiana (7 hours away) would decide to file charges on a 16 year old and extradite him to file the charges?

 

[CdwJava]

yes...He has retained attorney in Ohio, But if Indiana does not decide to jump on this, can Ohio charge him for the crime that happened in Indiana. And what is the likely hood that the state of Indiana (7 hours away) would decide to file charges on a 16 year old and extradite him to file the charges?

Ohio would lack jurisdiction to charge for a crime that happened in Indiana. But, from what you wrote, they appear to be working on the assumption that at least one of the incidents occurred in Ohio. One is all it will take.

And do you really need to ask what the chances are that Indiana might seek to extradite a molester?? If they believe he committed a serious sex crime, they will almost certainly seek to extradite him. If the offenses are low level crimes (misdemeanors, or low grade felonies) then Indiana may not want to extradite. But, he may forever grow up with an arrest warrant dogging him. The warrant won't go away if they seek one.

 

[tln6801]

One incident did happen in Ohio. But my daughter was 13 at that time. Her step brother was 16 at that time.
The charge of felony come in due to the fact that the first incident happened when my daughter was under 13. Which from what i understand makes it a felony. But that crime ( at under age 13) happened in Indiana, not Ohio. The crime that occured in Ohio, would be considered a misdemeanor, ( because she was over 13) if they only considered the crime that happened in Ohio.

 

[Just Blue]

One incident did happen in Ohio. But my daughter was 13 at that time. Her step brother was 16 at that time.
The charge of felony come in due to the fact that the first incident happened when my daughter was under 13. Which from what i understand makes it a felony. But that crime ( at under age 13) happened in Indiana, not Ohio. The crime that occured in Ohio, would be considered a misdemeanor, ( because she was over 13) if they only considered the crime that happened in Ohio.

Your daughter told you that her s-brother molested her. Why do you give a **** about HIS legal issues?