Touch a minor while lecturing them, become a sex offender?

[Jadecristal]

http://www.suntimes.com/output/news/cst-nws-molest01.html

He grabbed girl's arm -- now he's a sex offender

July 1, 2005

BY STEVE PATTERSON Staff Reporter

Fitzroy Barnaby said he had to swerve to avoid hitting the 14-year-old Des Plaines girl who walked in front of his car.

She said he yelled, "Come here, little girl," before getting out of his car and grabbing her by the arm.

He said he simply lectured her.

She said she broke free and ran, fearful of what he'd do next.

In a Thursday ruling, the Appellate Court of Illinois said the 28-year-old Evanston man must register as a sex offender.

While acknowledging it might be "unfair for [Barnaby] to suffer the stigmatization of being labeled a sex offender when his crime was not sexually motivated," the court said his actions are the type that are "often a precursor" to a child being abducted or molested.

Though Barnaby was acquitted of attempted kidnapping and child abduction charges stemming from the November 2002 incident, he was convicted of unlawful restraint of a minor -- which is a sex offense.

'Most stupid ruling'

Now, he will have to tell local police where he lives and won't be able to live near a park or school.

"This is the most stupid ruling the appellate court has rendered in years," said Barnaby's Chicago attorney, Frederick Cohn. "If you see a 15-year-old beating up your 8-year-old and you grab that kid's hand and are found guilty of unlawful restraint, do you now have to register as a sex offender?"

But Cook County state's attorney spokesman Tom Stanton said Barnaby should have to register "because of the proclivity of offenders who restrain children to also commit sex acts or other crimes against them."

In the criminal case against him, Cook County Judge Patrick Morse said that "it's more likely than not" Barnaby planned only "to chastise the girl" when he grabbed her, but "I can't read his mind."

"I don't really see the purpose of registration in this case. I really don't," Morse said. "But I feel that I am constrained by the statute."

Recognizing the stigma that comes with being labeled as a sex offender, the appellate court said "it is [Barnaby's] actions which have caused him to be stigmatized, not the courts."

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So, now that we have this, would/could it be extended to the next person who grabs a minor to break up a fight? Or some other equally stupid, unpleasant situation?
:banghead:

 

[Henry Bowman]

"I don't really see the purpose of registration in this case. I really don't," Morse said. "But I feel that I am constrained by the statute."

Occasionally, a judge will take a stand and do the right thing. If that's being an "activist," then so be it.

 

[Ky Larry]

I've been in denial. We HAVE fallen down the rabbit hole.

 

[joab]

he was convicted of unlawful restraint of a minor -- which is a sex offense

He was not breaking up a fight, if he was he probably would not have been found guilty of illegal restraint as he would have been breaking up an illegal activity.

Why did he feel the need to restrain this child. You don't put your hands on an unknown child to chastise them period especially a man toughing a girl child ,any brain dead idiot should know that. And we have only his word that that is all he was doing, the girl didn't believe him.

He was rightfully convicted of the crime he committed. While I don't see it as a sexual offense and think the registration aspect is severe, he brought it on himself

 

[m0ntels]

the court said his actions are the type that are "often a precursor" to a child being abducted or molested.

It is a shame someone's life is being destroyed without even committing a crime, just that it's a possibility. If you bump into someone on the sidewalk, are you planning to assult them later? If you check out someone's Ferarri, are you going to come back and steal it? Maybe someone might, but not EVERYONE. So why is he guilty of a crime he hasnt yet or ever will commit? :banghead:

Randy

 

[Sindawe]

Perhaps next time this sort of thing happens, he'll just drive over the mindless snotling that walks into his path.

 

[dev_null]

He should have kept his hands to himself. That said, some people have a really twisted idea of what sex involves.

 

[kal]

Man, I cant believe that this crap actually happens. Makes me think, if I ever see a speeding car heading towards a little girl, I'm just going to sit back and watch her die. Boy i would love to on the news for that!

reporter: Kal, you were at the scene. You could've saved her life. So why didnt you?

Me: Well I heard a story where some guy held the arm of a little girl to lecture her about crossing the street and he got charged with being a sex offender. So, no thank you.

 

[rhedley]

I disagree often with judgments from highly educated types. Something strange happens in our schools and Universities.. Any semblance of common sense is erased...

 

[MrTuffPaws]

Another example of how screwed up the sex offender laws and registration are. Sure, some people do horrid things and should be punished and tracked, but people like this guy are all too common.

 

[dolanp]

See, the anti-gun mentality creeps into everything, it's their entire way of thinking. He might have done something bad by grabbing her, so we'll just call him a sex offender. Just like you might do something with that evil black gun you've got there. REGISTER NOW!

 

[joab]

Perhaps next time this sort of thing happens, he'll just drive over the mindless snotling that walks into his path.

That's one option I don't think you have to register for vehicular manslaughter or vehicular assault.

But are those his only two options, either physically assault her or run her down?

How about yelling out the window as you pass by,Or ranting about what an insignificant little piece of wasted oxygen she is, but that wouldn't make him feel as big a man as grabbing her.

How do we even know that she was at fault?
Was she at a crosswalk? Was he trying to beat a yellow light?
Or was she simply being a 14 year old lost in her own thoughts for a minute where a long horn blast would have caused her to wake up, and possibly wet herself, at the same time burning a safety lesson into her head?

Maybe he was on a cell phone, maybe he was thinking about his date later, maybe he got caught up in checking out the little girl's back pockets and tranced out for a second

Whatever the cause, the incident was over until he decided that he had a need to lay hands on the girl.

What would you have done if you had happened on the scene as he was grabbing her and she was breaking free?

What would you have done if it was your daughter?

I will guarantee that if you touch my daughter in this manner I will do every thing I can to hurt you as bad as I can

 

[DirtyBrad]

Have you people lost your minds?

I'm sure her carelessness scared the holy hell out of that guy and he was yelling at her the way any parent would yell at their child, more out of fear and look-what-almost-happened than anything.

If I stumbled upon the scene and it was my daughter, I'd sure as hell pull that guy off of her and start in on him. But when I found out what happened, I'd just as sure as hell give her a good hollering and probably a brisk shake as well.

No, he shouldn't have touched her. Should he be punished for that? I don't know, maybe. I'd say no, but who knows what the facts are. But registered sex offender? Who in the universe thinks that's even remotely fair?

 

[odysseus]

No, he shouldn't have touched her. Should he be punished for that? I don't know, maybe. I'd say no, but who knows what the facts are. But registered sex offender? Who in the universe thinks that's even remotely fair?

+1

 

[Chipperman]

Owning a gun is often a precursor to shooting someone.
Driving a car is often a precursor to road rage.
Having pets is often a precursor to neglect or abuse.


Breathing is often a precursor to stupidity.

:banghead:

 

[joab]

Have you people lost your minds?

Well let's see

An adult male stps his car to physically assault a young girl, (for which a reason has not thouroughly been established) when he had no legal right to do so.

And the majority seems to automatically fault the girl, simply because the punishment is severe.

Should he be punished? Most definitely

Is the punishment unnecessarily harsh with little or no reason? Again most definetly.
But if you're gonna be dumb you'd better be tough

The fault lies in the courts and himself not in the girl, who did what she was supposed to do when accosted by a stranger,

And again we only have his word on why he felt the need to grab a stranger's child off the street

Owning a gun is often a precursor to shooting someone.
Driving a car is often a precursor to road rage.
Having pets is often a precursor to neglect or abuse.

Now that's a stretch.
None of those apply anymore than
driving a car in the presence of a little girl is a precursor to grabbing her

 

[joab]

Owning a gun is often a precursor to shooting someone.
Driving a car is often a precursor to road rage.
Having pets is often a precursor to neglect or abuse.

I think these are more appropriate for this situation

Showing total disregard for gun safety and common sense is often a precursor to shooting someone

Driving a car in an aggressive, careless manner is often a precurser for road rage

Having pets that you do not have the means to train and care for is often a precursor for neglect or abuse

 

[TheFederalistWeasel]

This is the exact reason why it is so risky to act upon a given situation you may encounter in public, while your intentions might be the best nowadays we have so many laws and people are so skewed by twisted logic you might end up becoming the criminal out of the whole situation even though you intended to help.

Even as a cop, while off duty I don’t get involved unless those around me know that I am a cop or I feel my safety or the safety of a loved one is at stake it’s just not worth it for me to do otherwise.

You have to weigh all the possibilities before you act.

People here talk about doing this or doing that I understand that you want to do the right thing and help its’ just humane, might even be a little bit of that “guy who saves the day” in all of us talking but in the end you may well need to just keep on walking.

You cannot hold the hand of society forever.

At some point everyone else must take the responsibility to fend for themselves and fight their own fights. It’s not your responsibility to step up and defend everyone you see out their hell it’s not even mine even as a cop.

It’s a screwed up world we live in where men who swerve to miss a small child, jump out of the car and grab their arms, lecturing them about staying out of the roadway, is charged with a crime, which lands them on the SOR of some state.

It’s a screwed up world

 

[Jeeper]

I agree with Joab

Some crazy guy grabs a young girl and we should feel pity for him. If that was your kid you could have probably been justified in putting lead in his ass. What an idiot! :banghead: If he wanted to do something then he coud have called the police and had them tell her parents. What the hell gives him the right to assault a child?

It’s a screwed up world we live in where men who swerve to miss a small child, jump out of the car and grab their arms, lecturing them about staying out of the roadway, is charged with a crime, which lands them on the SOR of some state.

I dont think it should be a sex offense but at minimum assault and battery.

 

[WT]

The guy got what he deserved. He should be wearing an ankle bracelet for the rest of his life.

He should not have grabbed the girl.

 

[Cosmoline]

Actually, the suggestions that he would have gotten off easier by turning the girl's head into an exploding melon under his front tires are probably accurate. If she ran in front of him illegally and he hadn't been able to stop, it's entirely possible no criminal charges would have been brought at all. Careless pedestrians get struck and killed all the time. If the driver passes the breath test and the pedestrian was in the wrong, that's usually the end of it as far as the criminal side goes. Like the old saying goes, kill them or leave them alone.

You have no obligation to safeguard some idiot kid. And you certainly have no right to assault one in order to correct it. As long as you stay within the confines of the law, you should let the child get itself killed. Weeds out the pool.

 

[KriegHund]

If a grown man came up to any of you and grabbed your arm and started getting angry, what would you do?

Methinks i would tell him to take his arm off me.

Something tells me all is not right in this article, and frankly i hope the guy learned a lesson. NEVER touch anyone, minor or not, unless you intend to enter into a conflict.

 

[Standing Wolf]

The new oligarchy wears black robes.

 

[odysseus]

Wt...

The guy got what he deserved. He should be wearing an ankle bracelet for the rest of his life.

..you care to break down the reasoning for your conclusion?

I think not all the facts are out, especially when one has just an article to read. But for the discussion, I am trying to figure out from those here that feel as you do why being registered as a SO and your reasoning here makes sense. Simple assault possibly, but I would be curious on your reasoning...

 

[WT]

An adult male grabs hold of a 14 year old female child on the street. We haven't heard the last of this guy. He bears close watching.