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Hypothetical Scenario Child Abuse, Molestation, Porn

Discussion in 'Criminal Charges' started by isduhgiuashgiosdfjdso, Oct 30, 2022.

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  1. Oct 30, 2022 #1
    isduhgiuashgiosdfjdso

    isduhgiuashgiosdfjdso Law Topic Starter New Member

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    Hypothetical scenario I am developing for a character I'm writing. I don't know if I am allowed to post such hypothetical scenarios here. If I am not, I'd appreciate if anyone could direct me to a place where I can.

    I am in the process of writing a character named "Rose". Rose's parents abused and neglected her. They are meant to be in federal prison for life. I'll list what her parents did, and I hope someone with knowledge of the law can help answer.
    Here is the description of every way they abused and neglected her:
    • Instead of giving her a room, they made her sleep in a dark attic with no lights or windows. She used matches and candles to navigate the attic, and she slept on piles of clothes and towels. Obviously this attic had no air conditioning/heating for winter and summer months.
    • Rose wasn't given clean clothing. Nor was she taken to the dentist/doctor.
    • Rose wasn't given food. On one instance when she ate food without her parents' permission, her father commands her mother to retrieve her. Her mother drags her over to him, and tells her that she will never live to eat their food again, before stabbing her. They leave her bleeding on the kitchen floor, before realizing that they'd be arrested if she died. So they called 911 and lied that Rose attempted to "play surgeon" on herself. Because Rose was extremely young, she was too scared to tell the truth to the doctors. Rose has fainted from starvation before.
    • Rose's parents burned her with lighters, slashed her with knives, and strangled her until she fainted.
    • Rose's mother regularly pointed knives at her neck/chest and threatened to kill her with them.
    • Rose's parents threatened her into not speaking up the abuse.
    • Rose has been sent to the hospital 6 times due to the abuse. Every time her parents took her to the hospital, it was only because they feared being arrested if she died. They always lied to the doctors about how she got her injuries.
    • Rose was 9 years old by the time CPS was called and her parents arrested.
    What are the official crimes that her parents would be charged with? I assume child abuse is definitely one. Probably attempted murder, and threatening. What degree of crime would they be charged with? And how realistic is it for them to go to federal prison for life?

    This takes place in Maryland, USA.
     
    isduhgiuashgiosdfjdso, Oct 30, 2022
    isduhgiuashgiosdfjdso, Oct 30, 2022
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  2. Oct 30, 2022 #2
    cbg

    cbg Super Moderator

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    Someone else can correct me if I'm wrong but I'm not seeing how they would go to Federal prison at all. State prison, yes, but Federal prison, no.
     
    cbg, Oct 30, 2022
    cbg, Oct 30, 2022
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    justblue and hrforme like this.
  3. Oct 30, 2022 #3
    army judge

    army judge Super Moderator

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    Sorry, can't correct you.

    Your assessment appears correct.

    There might have been crimes committed, however, I fail to recognize any federal crimes.
     
    army judge, Oct 30, 2022
    army judge, Oct 30, 2022
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  4. Oct 30, 2022 #4
    Tax Counsel

    Tax Counsel Well-Known Member

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    Yes, certainly child abuse is one possibility. Attempted murder, assault, etc. might apply depending on the exact details of what occurred. All of these are, however, state law offenses. Federal law does not apply here. You've not stated anything that would be a violation of federal criminal law. So there would be no chance of serving so much as a day in a federal prison for any of this.The state would have to prosecute for any of these offenses that occurred.
     
    Tax Counsel, Oct 30, 2022
    Tax Counsel, Oct 30, 2022
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  5. Oct 30, 2022 #5
    adjusterjack

    adjusterjack Super Moderator

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    Might this federal crime apply?

    Conspiracy Against Rights, 18 U.S.C. § 241
    Civil Rights Conspiracy Statute - Section 241 makes it unlawful for two or more persons to agree to injure, threaten, or intimidate an individual in the free exercise or enjoyment of his or her constitutionally protected rights.
     
    adjusterjack, Oct 30, 2022
    adjusterjack, Oct 30, 2022
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  6. Oct 30, 2022 #6
    Tax Counsel

    Tax Counsel Well-Known Member

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    Without going into the details, the answer is no. Moreover, cases under that statute are often hard to prove, because even where it does apply the government would have to prove an agreement between the two to deprive the child of her constitutional rights. Again, without more, these are only state offenses.
     
    Tax Counsel, Oct 30, 2022
    Tax Counsel, Oct 30, 2022
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  7. Oct 30, 2022 #7
    army judge

    army judge Super Moderator

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    If these sordid, despicable events took place on a military base in Maryland, federal law would be applicable.

    Military bases in MD:

    Andrews Air Force Base, located in Prince George County, Maryland

    Aberdeen Proving Ground Army Base in Aberdeen, MD

    Fort Detrick Army Base in Frederick, MD

    Fort Meade Army Base in Odenton, MD

    Coast Guard Yard in Baltimore, MD

    Surface Forces Logistics Coast Guard in Baltimore, MD

    Naval Academy Navy Base in Annapolis, MD

    Naval Medical Center Navy Base in Bethesda, MD

    NAS Patuxent River Navy Base in Lexington Park, MD

    NSA Annapolis Navy Base in Annapolis, MD

    NSF Indian Head Navy Base in Indian Head, MD

    Naval Support Facility Thurmont/Camp David, MD

    Carderock Division of the Naval Surface Warfare Center, MD
     
    army judge, Oct 30, 2022
    army judge, Oct 30, 2022
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  8. Oct 30, 2022 #8
    isduhgiuashgiosdfjdso

    isduhgiuashgiosdfjdso Law Topic Starter New Member

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    Suppose we have a 9 year old whose parents abused them to the point of near death. CPS + police get called, the parents get arrested, and the child's custody goes to their aunt and uncle (who live in the same neighborhood). The parents then go to trial and are sentenced to prison (possible life sentence).
    The news wants to write articles about this story.
    1) Would they need anybody's permission? Permission of the 9 year old child? Permission of their new guardians (aunt and uncle)?
    2) Even without anybody's permission, they can post the names + mugshots + charges of the parents, right? I believe arrests are public by default if they're on adults.
     
    isduhgiuashgiosdfjdso, Oct 30, 2022
    isduhgiuashgiosdfjdso, Oct 30, 2022
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  9. Oct 31, 2022 #9
    Tax Counsel

    Tax Counsel Well-Known Member

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    Any information that is available to the public can be reported by a news organization. No permission from those arrested is needed for the news organization to post the details of their arrest, the charges, the trial, or the outcome of the case. Most major news organizations will not, as a matter of policy, publish the names or pictures of minors in these kinds of situations, however.
     
    Tax Counsel, Oct 31, 2022
    Tax Counsel, Oct 31, 2022
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  10. Oct 31, 2022 #10
    adjusterjack

    adjusterjack Super Moderator

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    Look up the Maryland criminal code. Shouldn't be too hard to find. Google is your friend.
     
    adjusterjack, Oct 31, 2022
    adjusterjack, Oct 31, 2022
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  11. Oct 31, 2022 #11
    army judge

    army judge Super Moderator

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    Hmmmm??????


    ...

    mgid_arc_content_shared.southpark.us.jpeg
     
    army judge, Oct 31, 2022
    army judge, Oct 31, 2022
    #11
    adjusterjack likes this.

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