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
- The charges sufficiently alleged the statutory elements of attempted child seduction and were adequate to survive a motion to dismiss at the charging stage.
- 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
- Whether the charging document sufficiently alleged that Corbin's online communications constituted a substantial step toward the commission of child seduction.
- 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.
Court Document
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