11 years in jail for raping a fictional character

[Beau]

Originally posted by: lukatmyshu
I think that most people in this thread don't particularly mind that he is in Jail. The guy obviously has some issues, and I don't particularly want him walking around the streets where he could harm innocent children. At the same time arresting him for attempted rape, of a fictional character implies a lot of things we do are potentially much-more harmful acts. If my wife says she is having an affair with a man sitting in the room next door, and I pick up a gun and walk into the room .. and instead I find a group of cops waiting to bust me, should i be charged with attempted murder? Sure what I did was wrong, but is it that harsh? What this seems to be doing is shifting the focus of the justice system ... instead of catching criminals who commit crimes instead we're testing individuals ... seeing if they're willing to break a law.

First off, you wouldn't be charged with attempted murder until you shot the guy (murder if he dies, attempted if he survives), you wouldn't even get assault charges until you threatened him with the weapon (ie: pointed it at him).

As I see it, this sort of law enforcement is nothing but entrapment.

 

[mcveigh]

it sounds from the article that he met this woman before and they discussed this mythical girl and he went to her house for some reason. I wish the article was more clear.

but it's not about fantasy. it's about someone taking action. what about cops who pose as kids on the net and lure pedophiles to hotels to have sex? are they innocent

 

[TheVrolok]

The point is this, he had criminal intent. He made an overt action that would solicit the crime; he bought sex toys and showed up at the house. If he had met this women in the bar and merely said "I like to have sex with young children" they wouldn't have a case, it's the fact that he persued this through actions.

 

[SuperTool]

I guess since Kansas stopped evolving, they are doing lots of weird stuff.
I guess if I get all dressed up to rob a bank, and bring a knife and drive to the bank, and when I arrive at the location I realize that there is no bank at that address, I have still committed a crime? Is there something illegal with going for a drive with a knife? Or if I point and squeeze my finger at someone imagining I have a gun in my hand, did I just commit attempted murder? If only the gun was real, It would have been real murder.

 

[Zenmervolt]

Originally posted by: Zakath15
What is the definition of entrapment?

IIRC entrapment is where agents of the law entice a person to commit an act that he would otherwise not commit. This seems more like a sting than entrapment.

ZV

 

[Mill]

As much as I detest someone like this and wish the worst upon them this is a very dangerous situation. I really think the charges were improper in this case. He did not actually rape the 10 year old(he couldn't) so the charges are incorrect. I have been joking around and thought about how to commit the perfect crime or rob a bank. I guess I should have been arrested for bank robbery the next day if I went to the bank to look at security cameras eh?

Asinine prosecution here. The guy is a POS, but even POS like him should not be charged with something that they didn't do. Boy that makes me feel like an asshole even considering that he shouldn't be put away for a long time.

 

[gopunk]

Originally posted by: Beau

Originally posted by: gopunk

Originally posted by: BoberFett

Originally posted by: gopunk
he had the intent

I'm sure that at some point you've dreamed about doing something illegal. Somebody slap the cuffs on gopunk, the lowlife worm.

yea but i didn't go so far as to prepare to do it, show up at the place, etc

That's like saying that I'm guilty of speeding because I got into my car, put my seat belt on, started the engine, and pulled out onto the street.... I did everything to prepare to do it, but I never actually did it....

no, actually it's not. there is no way they could tell if you were planning on speeding or planning on going the speed limit. whereas it is OBVIOUS what you are trying to do when you approach a bank wearing ski masks and body armor. well, at least it is to some people. if you can't see that, well... perhaps you need more cultural enrichment.

 

[gopunk]

Originally posted by: dolph

Originally posted by: gopunk
look folks, if some guy buys a bunch of flashbangs, body armor, semiautos, ammo, and proceeds to approach a bank, is it okay to arrest him for having the intent to rob a bank? i think so.

this is NOT simply a THOUGHT. he WENT to the place where he believed the child lived with several items that he had purchased for the occasion.

you're almost right in your analogy, except instead of going to a bank he walked into a broom closet, fully armed.

this is almost a textbook definition of entrapmnet, and any private attorney (or competent public defender) would love to have a case this easy.

broom closet? i don't think so, he showed up to where he believed the girl lived.

man, what is it with people not reading the story...

 

[Beau]

Originally posted by: gopunk

Originally posted by: Beau

Originally posted by: gopunk

Originally posted by: BoberFett

Originally posted by: gopunk
he had the intent

I'm sure that at some point you've dreamed about doing something illegal. Somebody slap the cuffs on gopunk, the lowlife worm.

yea but i didn't go so far as to prepare to do it, show up at the place, etc

That's like saying that I'm guilty of speeding because I got into my car, put my seat belt on, started the engine, and pulled out onto the street.... I did everything to prepare to do it, but I never actually did it....

no, actually it's not. there is no way they could tell if you were planning on speeding or planning on going the speed limit. whereas it is OBVIOUS what you are trying to do when you approach a bank wearing ski masks and body armor. well, at least it is to some people. if you can't see that, well... perhaps you need more cultural enrichment.

So your saying that I could be arrested for wearing body armor and a ski mask tomorrow when I drop off my deposit at the bank? Not likely... Detained and questioned maybe, but not arrested.

 

[gopunk]

The point is that you are not GUILTY OF A CRIME UNTIL YOU COMMIT IT.

wow, i'm glad you realize that. that is why he was not convicted of rape, he was convicted of attempted rape.

 

[her209]

The point is that you are not GUILTY OF A CRIME UNTIL YOU COMMIT IT.

You are guilty of a crime only when it can be proven that you committed the crime. Look at OJ.

 

[gopunk]

First off, you wouldn't be charged with attempted murder until you shot the guy (murder if he dies, attempted if he survives), you wouldn't even get assault charges until you threatened him with the weapon (ie: pointed it at him).

that is blatantly *false*. you can be charged with attempted murder if they believe that you engaged in "substantial preparation" for a homicide.

 

[gopunk]

So your saying that I could be arrested for wearing body armor and a ski mask tomorrow when I drop off my deposit at the bank? Not likely... Detained and questioned maybe, but not arrested.

nobody goes in wearing body armor and a ski mask to make a deposit. and yes, if they had reason to believe that you were about to rob the bank, you could be arrested. of course, if they found through the process of interrogation that you were just crazy, they probably wouldn't charge you with any crime.

 

[Beau]

Originally posted by: gopunk

First off, you wouldn't be charged with attempted murder until you shot the guy (murder if he dies, attempted if he survives), you wouldn't even get assault charges until you threatened him with the weapon (ie: pointed it at him).

that is blatantly *false*. you can be charged with attempted murder if they believe that you engaged in "substantial preparation" for a homicide.

The only crime you'd be guilty of there is CONSPIRACY to commit murder, not attempted murder.

 

[Beau]

Originally posted by: gopunk

So your saying that I could be arrested for wearing body armor and a ski mask tomorrow when I drop off my deposit at the bank? Not likely... Detained and questioned maybe, but not arrested.

nobody goes in wearing body armor and a ski mask to make a deposit. and yes, if they had reason to believe that you were about to rob the bank, you could be arrested. of course, if they found through the process of interrogation that you were just crazy, they probably wouldn't charge you with any crime.

*SWAT member on his lunch break*

 

[Beau]

gopunk - I can think of better things to do with my Tuesday night than to sit here and haggle all the minute details out over what the results would be of any given comparison. My opinion is that these tactics of law enforcement are just another form on entrapment. bottom line.

 

[gopunk]

Originally posted by: Beau

Originally posted by: gopunk

First off, you wouldn't be charged with attempted murder until you shot the guy (murder if he dies, attempted if he survives), you wouldn't even get assault charges until you threatened him with the weapon (ie: pointed it at him).

that is blatantly *false*. you can be charged with attempted murder if they believe that you engaged in "substantial preparation" for a homicide.

The only crime you'd be guilty of there is CONSPIRACY to commit murder, not attempted murder.

in my state (washington), you are wrong:

A person is guilty of an attempt to commit a crime if, with intent to commit a specific crime, he or she does any act which is a substantial step toward the commission of that crime.

from RCW 9A.28.020

 

[gopunk]

Originally posted by: Beau
gopunk - I can think of better things to do with my Tuesday night than to sit here and haggle all the minute details out over what the results would be of any given comparison. My opinion is that these tactics of law enforcement are just another form on entrapment. bottom line.

and my opinion is that there is no way we can know if it is entrapment or not based on the information in that article. unless you know something i don't about that situation...

 

[Beau]

Originally posted by: gopunk

Originally posted by: Beau

Originally posted by: gopunk

First off, you wouldn't be charged with attempted murder until you shot the guy (murder if he dies, attempted if he survives), you wouldn't even get assault charges until you threatened him with the weapon (ie: pointed it at him).

that is blatantly *false*. you can be charged with attempted murder if they believe that you engaged in "substantial preparation" for a homicide.

The only crime you'd be guilty of there is CONSPIRACY to commit murder, not attempted murder.

in my state (washington), you are wrong:

A person is guilty of an attempt to commit a crime if, with intent to commit a specific crime, he or she does any act which is a substantial step toward the commission of that crime.

from RCW 9A.28.020

Touche! (her209 should take argument classes from you)

I stand corrected. I'm pretty good friends with a number of cops, so all the basis of what I've said has been from my conversations and understanding of charges per them.

 

[Beau]

Originally posted by: gopunk

Originally posted by: Beau
gopunk - I can think of better things to do with my Tuesday night than to sit here and haggle all the minute details out over what the results would be of any given comparison. My opinion is that these tactics of law enforcement are just another form on entrapment. bottom line.

and my opinion is that there is no way we can know if it is entrapment or not based on the information in that article. unless you know something i don't about that situation...

Hey, but you can't argue with that SWAT member on his lunch break comment, now can you

 

[gopunk]

Originally posted by: Beau

Originally posted by: gopunk

Originally posted by: Beau
gopunk - I can think of better things to do with my Tuesday night than to sit here and haggle all the minute details out over what the results would be of any given comparison. My opinion is that these tactics of law enforcement are just another form on entrapment. bottom line.

and my opinion is that there is no way we can know if it is entrapment or not based on the information in that article. unless you know something i don't about that situation...

Hey, but you can't argue with that SWAT member on his lunch break comment, now can you

lol

 

[silverpig]

The guy didn't just think about raping her, he actually was about to do it (had she have been there). I wonder how many people here have 10 year old daughters/sisters... What if that fictional girl was really your daughter? It could have been anyone.

 

[Mill]

Originally posted by: silverpig
The guy didn't just think about raping her, he actually was about to do it (had she have been there). I wonder how many people here have 10 year old daughters/sisters... What if that fictional girl was really your daughter? It could have been anyone.

You are arguing emotion in a logic based queston. I think this guy is a huge POS and wish he could be put in jail for a very long time but this is an improper way to do it.

 

[Moonbeam]

Nobody is going to reach an intelligent understanding of life without using emotion.

 

[gopunk]

Originally posted by: Millennium

Originally posted by: silverpig
The guy didn't just think about raping her, he actually was about to do it (had she have been there). I wonder how many people here have 10 year old daughters/sisters... What if that fictional girl was really your daughter? It could have been anyone.

You are arguing emotion in a logic based queston. I think this guy is a huge POS and wish he could be put in jail for a very long time but this is an improper way to do it.

what's improper about it?