Robert Corbin v. State of Indiana

17 N.E.3d 270 (Ind. 2014) · Indiana Supreme Court · September 30, 2014 · No. No. 75S03-1401-CR-13

Summary

The Indiana Supreme Court affirmed the trial court’s refusal to dismiss charges of attempted child seduction against a teacher accused of making sexual solicitations to a sixteen-year-old student through Facebook. The Court held that the charging documents adequately alleged the statutory elements and that dismissal was not required at the charging stage.

Holdings

  1. The charges sufficiently alleged the statutory elements of attempted child seduction and were adequate to survive a motion to dismiss at the charging stage.
  2. The court declined to hold at the charging stage that Corbin's alleged online requests could not constitute a substantial step merely because they contemplated future conduct or were made outside the student's physical presence.

Questions Presented

  1. Whether the charging document sufficiently alleged that Corbin's online communications constituted a substantial step toward the commission of child seduction.
  2. Whether the trial court was required to dismiss the attempted-child-seduction charges because the alleged solicitation was not aimed at the immediate commission of the crime.

Disposition

affirmed

Cases Cited (3)

  • Ward v. State, 528 N.E.2d 52 (Ind. 1988)(applied)
  • Corbin v. State, 999 N.E.2d 70 (Ind. Ct. App. 2013)(vacated)
  • Corbin v. State, 1 N.E.2d 149 (Ind. 2014) (table)(procedural history)

Cited In (0)

No citing cases on record yet.

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