Understanding Criminal Charges?
January 19, 2016 1:58 PM   Subscribe

A friend has been charged with 10 counts of second degree felony sexual exploitation of a minor. I'm shocked, confused, and pretty grossed out - but I've heard there's a lot of gray area when it comes to sex offense charges (i.e., the friend who told me that his neighbor across the street became a registered sex offender after getting caught peeing in public one time, etc.). Can anyone offer some insight into what these charges could mean?

This friend is actually my boyfriend's long-time BFF. Bob* and I have been dating a little over 2 years now, and Kent* has been around for all of it. (Actually, when Bob and I were first dating, I thought Kent was his cousin or something. He's very close with both of Bob's brothers, and was always at family gatherings, so I assumed he was a relative of sorts.) Basically, Kent is Bob's pseudo-brother. Kent is in his mid-30s, single, and lives with his grandmother.

Last July, without warning, we received word that Kent had tried to commit suicide and was in the psych ward of a nearby hospital. As is the case with many suicide attempts, we didn't see it coming with Kent. We were able to go see him after a few days, but didn't ever understand his motivation. Kent's sister told us he had discovered he was in trouble with the law and had threatened suicide, so rather than arrest him, authorities brought him to the hospital. We had no idea what "trouble with the law" meant, and we never found out. When Kent was released from the hospital, we all (me, Bob, and Bob's family) welcomed him back without question, and everything returned to the way it was before the incident (except that Kent was now attending group therapy sessions several times a week). Also, Kent adopts a puppy, who quickly becomes best buds with my own dog. Adorable play sessions ensue regularly.

Fast forward to December (the day before Bob's birthday). We received word from Kent's sister that he had been arrested. She won't tell us anything else, but Google helped us discern that he is being charged with sexual exploitation of a minor. Bob's older brother (who was married in September, with Kent as a groomsman) called a family meeting to deal with this news. Bob's brother's wife has a family member who works in the legal system. Said family member was able to look up Kent's charges and see that he is actually being charged with 10 counts of 2nd degree felony sexual exploitation of a minor, and is being held at $100K bail. We surmise that this is the "trouble with the law" that led to the July incident, and assume that he discovered the authorities were onto him back then, panicked, and attempted suicide to escape. Because he was institutionalized, those charges were dropped, and the investigation had to start over. Legal family member informed us that the arrest warrant was issued and he was arrested 2 hours later - apparently, they weren't about to let him get away this time. Everyone is shocked and heartbroken.

Fast forward to now. Bob's younger brother (not the one I mentioned above) goes to visit Kent in jail. Kent seems to be in good spirits and tells brother he's going to be released for the interim leading to his hearing. His release date is scheduled very soon. Bob's younger brother relays this to the rest of the family and tells us that he and his girlfriend are going to support Kent no matter what. Bob's older brother (the recently married one) and his wife declare that they are writing him off; they have young children and don't feel like they can trust Kent after all of this has happened. Bob and I meet with disagreement. Bob echoes what his younger brother says about supporting Kent, and claims that this could just mean he downloaded images of 17 year old girls. I am inclined to side with the older brother and his wife; I feel like I've been deceived, I feel grossed out, and I also think Kent's smart enough to know that downloading illegal images of 17 year old girls isn't worth the pain and humiliation he's had to endure so far. I think his charges mean something more sinister than that.

As of now, Bob and I have decided to agree that we disagree. We're both pretty frustrated by each other's opinions, but are trying to be understanding. I told him that if he wants to hang out with Kent while he's released, that's fine, but I don't want Kent at my house. Bob said that he will agree to those terms, but that he plans on confronting Kent about the details of his charges before he writes him off. I'm doubtful that Kent will be forthcoming with that information at this point; after all, he has a trial coming up and any idiot can understand the need for him to be discreet. SO. Can anyone offer some insight into these charges (and the fact that there are 10 counts of them)? T.I.A.

*Names changed for privacy.
posted by Teradactyl to Human Relations (25 answers total) 4 users marked this as a favorite

 
I don't have insight into the charges and I wouldn't let him around minors without further info, BUT please keep in mind the whole "innocent until proven guilty" thing. Someone I'm close to is currently in jail after being arrested and charged with a first degree felony, i.e., possession with intent to distribute marijuana, after she consented to a search because she was not aware of the contents of her visiting friend's bag.
posted by zombies puppet at 2:08 PM on January 19, 2016 [5 favorites]


My charitable guess would be that the charges stem from dating someone older than the age of consent (but under 18, obviously) and receiving or taking (and keeping) nude photos (presumably 10 of them). It's impossible to say, though.
posted by supercres at 2:10 PM on January 19, 2016


Bob echoes what his younger brother says about supporting Kent, and claims that this could just mean he downloaded images of 17 year old girls.

More or less that's what 2nd degree sexual exploitation of a minor is. Probably he was found to own 10 images/videos of a minor engaged in some kind of sexual activity. Could be a 17 year old, could be a 12 year old. "Sexual activity" is extremely broadly defined. Could be revealing clothes and sexual poses, could be actual penetrative sex.

There's just not enough info to say exactly what he was looking at, but you are 100% within your right to not want to engage with Kent anymore for whatever reason, even if he's innocent. You're allowed to draw the line on interactions with others for your own personal reasons.
posted by phunniemee at 2:11 PM on January 19, 2016 [6 favorites]


This kind of thing:

family member was able to look up Kent's charges

should probably not be happening. Being curious about the nature of the charges doesn't mean you have a right to the information.
posted by jesourie at 2:14 PM on January 19, 2016 [4 favorites]


Well the criminal complaint should likely be publicly available at this point, though it may take a trip to the court handling the case and a few bucks to obtain a copy. The complaint won't tell you everything certainly, but it should give you a general idea of what the prosecution is accusing him of doing (with the usual disclaimers about it being one side of the story and the right of the defendant to be innocent until proven guilty). Since it seems to be that important to your family, I'd get a copy and take it into account.
posted by zachlipton at 2:14 PM on January 19, 2016 [18 favorites]


How can we offer insight without knowing precisely what the charges are? Go to the police station and ask to see the arrest warrant. It is a public record. If it doesn't state why the warrant was issued, dig deeper — that information has to be available to the media and to the public. (On preview regarding jesourie's comment: that's absolutely incorrect, it's public information and we don't have secret warrants on secret charges in this country. And on preview, what zachlipton said.)
posted by beagle at 2:17 PM on January 19, 2016 [9 favorites]


Yes. If it were me, I would go get the complaint, or call the prosecutor or detectives until I had some answers.

I'm surprised your boyfriend doesn't want to meet with his best friend's lawyer.

Regarding these charges more in general, they vary obviously but here's North Carolina; here's Utah. Tennessee is here. It'll all differ state by state. "Sexual exploitation" is often a different category than "sexual assault."

Ten counts can mean ten minors depicted in photographs, or the same minor depicted ten times. This could be then transmitted via email, text, or forum. This could mean a lot of things.
posted by RJ Reynolds at 2:19 PM on January 19, 2016 [4 favorites]


If all else fails, attend (at least) the opening day of his trial: usually, after the jury is seated, the next step is both sides get to give a general overview of the case, what the charges are and what the defense will be.
posted by easily confused at 2:19 PM on January 19, 2016 [2 favorites]


Sexual exploitation of a minor is knowingly: Recording, filming, photographing, developing or duplicating any visual depiction in which a minor is engaged in exploitive exhibition or other sexual conduct. $100,000 in bail suggests that the prosecutor is making an example of Kent, or that the material he has is pretty heinous, or both.

We know a guy who was a school teacher, he had a sex with his 17 year-old student. He got caught and he was fired. The student, nor her family anted to press charges, but he felt really guilty and being a Christian he turned himself into the police. After some legal finagling he served 16 months in jail. Now he can't be in the same room with anyone under the age of 18. This has cut him off from his friends who have kids. He is also a registered sex offender with a felony conviction. This plays havoc with his ability to get housing and work. He's in a program and he's doing pretty well, but life as he knew it is over.

Until you know what's going on, don't rush to judgment. Although it does say something about Kent's frame of mind that he knew it was going to be bad when he was caught. Of course Bob could always visit with Kent and find out what's going on. Make up your mind once you're in possession of the facts.
posted by Ruthless Bunny at 2:20 PM on January 19, 2016 [2 favorites]


Can anyone offer some insight into these charges (and the fact that there are 10 counts of them)? T.I.A.

We really can't. We can only guess, like you. I imagine some charges would make you feel better (10 pictures of his 17 y/o gf that she sent him?) and some would make you feel worse (I won't even speculate) but we don't know what sort of thing goes to court in your jurisdiction-- you are allowed to trust your gut and not want him around for any old reason. A court of law doesn't have to rule whether or not you're comfortable with him anymore.

You can look up the definitions of the charges in your jurisdiction and you can ask for any info on record regarding the arrest and charges.

he plans on confronting Kent about the details of his charges before he writes him off
Kent's not going to be able to (or REALLY shouldn't, per his counsel) discuss the details even if he were willing to.

I hope your boyfriend supports however you feel about this.
posted by kapers at 2:21 PM on January 19, 2016 [5 favorites]


If all else fails, attend (at least) the opening day of his trial

The vast majority of criminal cases are settled with a plea bargain and never go to trial. While a trial is always possible, there's no particularly good reason to believe there will ever be one.
posted by zachlipton at 2:23 PM on January 19, 2016 [1 favorite]


It it were me, I would wait until the boyfriend talked to Kent or found the public records that more fully describe what Kent is being charged with before making up my mind. Being charged for something doesn't mean you're guilty of it; in this case, it's impossible to know exactly what the something is without additional research. I have a kid. I have a grandson. I just saw Spotlight, the movie about the Boston Globe's investigation into how top officials in the Catholic Church enabled child abuse. Child abuse is never OK. But we don't know if this is actual child abuse or 10 photos of a 17 year old. Kent is your boyfriend's best friend. Friendship means a lot to me, so I would want to have more facts in hand before I told my partner that his best friend was no longer allowed in our mutual home.
posted by Bella Donna at 2:53 PM on January 19, 2016 [4 favorites]


Re: the family member, I meant only that using someone's inside access to gain information can be a slippery slope. Of course everyone has the right to know any and all matters of public record.
posted by jesourie at 2:58 PM on January 19, 2016 [4 favorites]


Teradactyl: " Can anyone offer some insight into these charges (and the fact that there are 10 counts of them)? T.I.A. "

He had kiddie porn on his computer, and was sharing 10 files of kiddie porn on a file-sharing website somewhere. It's entirely possible that it was 10 files among 10,000; it's entirely possible it was pictures of 17-year-olds, even sexts the 17-year-olds themselves sent that escaped into the wild. Or perhaps he was sexting with a 17-year-old himself. It's even possible they were foreign material legal in their country of origin where the age of majority is 17 and were downloaded by US users where porn models must be 18.

It's also entirely possible he had a whole huge collection of hardcore kiddie porn and he's being targeted for prosecution because he is a big user of kiddie porn, or someone who's active in a kiddie porn trading ring.

I will say that I have watched a few legal cases that involved accessing porn at work go to trial, especially when working with HR, and finding out other people's porn habits through the legal system ALWAYS feels gross and ALWAYS feels like you've been deceived. Obviously you're dealing with something considerably more intense, since it's a case involving criminal charges, but learning the details of an acquaintance's porn habits is always somewhat upsetting. I just want to reassure you that the revulsion you've feeling is really normal, and it doesn't mean you won't come to view him with pity or compassion as time goes by and more of the story comes out, which might be part of the conversation you could have with your boyfriend -- that right now you're having a very legitimate reaction of complete disgust and betrayal, but that you know initial reactions are really intense and when you've had time to digest what's happened and learned more about the situation, your feelings may change. But he has to allow you your own reactions and allow you to work through what you're feeling. Similarly, you have to allow him to feel what he's feeling -- which right now may well be denial that someone he loves, who is so close to him, could have done something so bad. If it turns out to be really bad, your boyfriend is going to need a lot of support in coping with the betrayal he's going to feel, and it going to be really hard for him to accept that someone so close to him could do something so bad. (And the denial is 100% normal, and it is also normal for it to be very upsetting to you, as someone with a little more distance, that your boyfriend is closing his eyes to reality. In my observation, the deniers eventually come around, but it is likely to be an intensely painful experience for your boyfriend.)
posted by Eyebrows McGee at 3:07 PM on January 19, 2016 [22 favorites]


Innocent until proven guilty is only necessary in a legal setting- it doesn't convey to your home. You don't need this in your life. It's creepy and wrong and you don't have to accept it. You have the right to decide who comes into your home. If your boyfriend doesn't respect that, then you have bigger issues than his pediphile friend.
posted by myselfasme at 3:19 PM on January 19, 2016 [4 favorites]


I want to reiterate my support for you feeling however you feel about him, and drawing whatever boundaries you want to, since you are getting a lot of advice to assume this is all innocuous. So often women are asked to put our feelings aside about these things and told we need official "evidence" as though our hearts and minds and homes are courts of law. Sure, it could be "nothing," but it could just as easily be some of the worst things I can think of. Surely you're allowed to give him a berth pending your sorting out of the facts and your feelings?

Personally, I would be feeling like you and Older Brother and Wife. And even the "nothing" scenario-- which frankly does not sound likely given the high bail and suicide attempt, but what do I know-- would gross me out; a man in his mid-30s with, e.g., an underage internet GF or BF is not someone I'd want around, and that is probably the mildest thing this could be if you really think about it. (Again, check your local definitions, we tend to come off like know-it-alls here but none of us can speak on the laws of your jurisdiction.)
posted by kapers at 3:21 PM on January 19, 2016 [27 favorites]


Innocent until proven guilty is only necessary in a legal setting- it doesn't convey to your home.

Seconding this. It may be nothing. But child porn crimes are a big issue and the people they catch are *someone's* friends, someone's "oh, but he's a great guy!". It's not out of the realm of possibility that this guy is one of them. You're allowed to be creeped out by this and to not want him at your house.
posted by kitten magic at 3:47 PM on January 19, 2016 [10 favorites]


If you have kids, err on the side of protecting the kids until you know more. If you don't, wait until you know the facts behind the charges.
posted by jpe at 4:44 PM on January 19, 2016 [3 favorites]


Personally I would hold off on judgment. 10 felony counts and a high bail amount *could* be indicative of it being super serious. But more likely it's a prosecuting tactic to make the guy more likely to agree to a plea deal.

You can always rescind your support when the facts come in. It's harder to repair that relationship if your initial reaction turns to be more severe than you later decide was warranted.

That doesn't mean you should bury your disgust or betrayal. It's a legitimate feeling, and burying feelings never ends well. But don't feel you need to commit to those feelings and take a public stand.
posted by politikitty at 4:59 PM on January 19, 2016 [3 favorites]


Google "[your state] state statutes" and then search that site for "exploitation" and you might have a clearer sense of what the charges mean.

In Wisconsin, I found this:
948.05  Sexual exploitation of a child.

(1) Whoever does any of the following with knowledge of the character and content of the sexually explicit conduct involving the child may be penalized under sub. (2p):
948.05(1)(a) (a) Employs, uses, persuades, induces, entices, or coerces any child to engage in sexually explicit conduct for the purpose of recording or displaying in any way the conduct.
(b) Records or displays in any way a child engaged in sexually explicit conduct.
(1m) Whoever produces, performs in, profits from, promotes, imports into the state, reproduces, advertises, sells, distributes, or possesses with intent to sell or distribute, any recording of a child engaging in sexually explicit conduct may be penalized under sub. (2p) if the person knows the character and content of the sexually explicit conduct involving the child and if the person knows or reasonably should know that the child engaging in the sexually explicit conduct has not attained the age of 18 years.
(2) A person responsible for a child's welfare who knowingly permits, allows or encourages the child to engage in sexually explicit conduct for a purpose proscribed in sub. (1) (a) or (b) or (1m) may be penalized under sub. (2p).
(2p) 
(a) Except as provided in par. (b), a person who violates sub. (1), (1m), or (2) is guilty of a Class C felony.
(b) A person who violates sub. (1), (1m), or (2) is guilty of a Class F felony if the person is under 18 years of age when the offense occurs.
(3) It is an affirmative defense to prosecution for violation of sub. (1) (a) or (b) or (2) if the defendant had reasonable cause to believe that the child had attained the age of 18 years. A defendant who raises this affirmative defense has the burden of proving this defense by a preponderance of the evidence.
posted by desjardins at 5:06 PM on January 19, 2016


Please tell your boyfriend that, no matter what else he does, the absolute worst thing he can do is try to ask Ken about his charges. If he has questions about Ken's case, the best person to ask is Ken's lawyer, who can get Ken's permission and then share with Bob whatever is safe to share. But any information Bob gets from Ken could make Bob subject to being subpoenaed to testify against his own brother. If Bob refuses to testify against Ken when subpoenaed, he could be jailed for contempt of court. Bob should absolutely not talk to Ken, either verbally or in writing, about his case at all.
(I am a criminal defense lawyer, I am not your criminal defense lawyer, this is not legal advice, etc.)
posted by decathecting at 8:36 PM on January 19, 2016 [8 favorites]


What state this occurred in will make a difference as to the specifics possibilities that the charge could entail, but a quote or two will give you the general idea.

It's perfectly normal to be able to find out what the charges are, and the bail amount that's set, at least in an area where the inmate list is online. (I'd guess that's most these days.)

He's going to tell you he didn't do anything wrong, even if he did. He's going to say that it was an accident, or someone else did it, or the child is lying, or he doesn't even know what they're talking about - I promise you, he will. Even if he's guilty. And unfortunately, odds are, he is. Charges like this don't come out of nowhere - and the really cruddy thing is, there's almost always wonderful people that we'd never expect to do something like this - which makes it 1000 times more painful.

And the thing is - people can support him all they want. That won't make it any less true, if it is - it'll just make it all the more painful when the truth comes out. Or, based on what I went through, believing in a close friend of mine - when the one victim turns into three, and fifteen years later, one more victim comes forward - and gives several more the courage to finally speak up.

And I was the closest to him, outside of family - if anybody should have know, would have known, it would have been me. And I had no clue and totally trusted him... and so did ALL of us, family, friends, employer, everyone, because he really was one of the good guys. We trusted him all through the "she's a lying skanky teenager trying to get back our family and she's pulled this on guys before" phase, then through the "my ex-wife told her 5-year-old daughter to say that" phase... and what finally broke our faith was when we learned about his 2-year-old nephew.

Please, be careful. Don't leave anyone vulnerable alone with him. And by that, don't allow anyone vulnerable in his presence. There are documented on video cases of children being molested right in front of supervisors, and the supervisor missing it - someone trained to prevent that sort of thing.
posted by stormyteal at 8:56 PM on January 19, 2016 [11 favorites]


[Bob] plans on confronting Kent about the details of his charges

Just so everyone's clear on this, if Bob doesn't want to be called as a witness against Kent, Kent probably shouldn't discuss his crimes with him.
posted by ryanrs at 9:00 PM on January 19, 2016 [3 favorites]


"Looking up Kent's charges" probably is just a matter of asking for the public record. You can search for these sorts of things when they are Federal crimes via PACER. Create an account, give them your credit card number so they can charge you 8 cents (if I remember correctly...) a page and search/download all the files. The last time I used PACER I never actually even downloaded enough pages to hit their threshold (ten bucks maybe...) to actually ever see a charge on my credit card.
posted by pwb503 at 9:22 PM on January 19, 2016 [2 favorites]


I used to prosecute for the military, so the charges may not be completely analogous to the system I was used to, but my best guess is that he has child porn on his computer. And yes, they could easily be 10 images or videos of a 17 year old, or they could be 10 images or videos of a 5 year old, or anything in between. Or, like someone above said, they could be sexts. Or images from online chats. There's no way to know. But the basic gist is: probably child porn.
Also, do not expect prosecutors to hold back from charging possession of images of a minor just because those images were of a near-adult. Prosecutors use their discretion often, but generally not in cases like these, where there is unlikely to be any public outcry about overcharging. No one but no one likes or feels bad for alleged sex offenders, rightly or wrongly.
posted by megalodon at 7:16 AM on January 20, 2016


« Older Checking Incoming Texts While Abroad With Local...   |   The shirt off of his back Newer »
This thread is closed to new comments.