NEED ADVICE- Pervert approached 12 y/o girl- NO CHARGES

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alwayswatching

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12 year old girl shopping with mother in store approached by an adult male stranger. Adult male stranger puts lips to her ear (doesnt touch her though) and says "mmmm, you look hoooo-ooot!" Girl is scared, mom asks what he said and then its on! Girl tells mom (who was standing about 16 inches away from girl when the male approached).
Mom screamed at man, asked WTH etc etc. Man Turns around (hes trying to leave now) and licks lips, makes kiss motion (or something equally disgusting) looks up and down girl and says to mom "What? She is hoooottttt." He first tried to act like he didnt speak english, but mom kept asking if he was a pedo etc.
I am mom.
Once I got my head on straight I went outside and called 911 and waited to see which car he got into, then read the plate to 911.
I did a photo lineup and ID'd the pig, and they were going to charge him with child enticement. Then when that didnt fit they were going to go with Disturbing the peace.
Turns out in the end there is NOTHING this man did to break any law.

How can this be?
Freedom of speech is not meant to protect a child pedo pig who freaks out/scares a kid who turned 12 just days before. Do our laws REALLY protect people like THIS?

Any advice?
Help greatly appreciated!
 
What's more likely is the State didn't think it was worth pursuing (as opposed to the guy not actually breaking any laws).

It's unfortunate, but that's often really, truly, "just the way it is".
 
The law doesn't protect these creeps.

These "pervs" know how far to push it.

I advise my children to be like mother hens to my grands.

Kids don't understand, but parents must.

At least the police have recorded this pervert's particulars.

When he tries this again (and he will), it'll be easier to locate this criminal!!!!

You did your job, mom.
 
You're right... the laws dont protect them. I'm just flaming angry at the situation, not the cops. The officer who helped us was as repulsed as we were and did his best. I know that.
And I also agree that these pigs know JUST HOW FAR to push this stuff.
Its just so frustrating, and I sort of hope someone comes up with some super creative thing to nail this guy with.
Thanks for listening :)
 
I searched through the Idaho Penal Code and didn't find anything that fits this scenario either.

If you have the fire in you, contact your representative in the state legislature about this situation and see if you can spark some interest in adding something new to the Penal Code.

Here in California we have a statute that might fit this case. Perhaps Idaho could enact osmething similar.

California Penal Code
647.6. (a) (1) Every person who annoys or molests any child under
18 years of age shall be punished by a fine not exceeding five
thousand dollars ($5,000), by imprisonment in a county jail not
exceeding one year, or by both the fine and imprisonment.
(2) Every person who, motivated by an unnatural or abnormal sexual
interest in children, engages in conduct with an adult whom he or
she believes to be a child under 18 years of age, which conduct, if
directed toward a child under 18 years of age, would be a violation
of this section, shall be punished by a fine not exceeding five
thousand dollars ($5,000), by imprisonment in a county jail for up to
one year, or by both that fine and imprisonment.
(b) Every person who violates this section after having entered,
without consent, an inhabited dwelling house, or trailer coach as
defined in Section 635 of the Vehicle Code, or the inhabited portion
of any other building, shall be punished by imprisonment pursuant to
subdivision (h) of Section 1170, or in a county jail not exceeding
one year, and by a fine not exceeding five thousand dollars ($5,000).
(c) (1) Every person who violates this section shall be punished
upon the second and each subsequent conviction by imprisonment
pursuant to subdivision (h) of Section 1170.
(2) Every person who violates this section after a previous felony
conviction under Section 261, 264.1, 269, 285, 286, 288a, 288.5, or
289, any of which involved a minor under 16 years of age, or a
previous felony conviction under this section, a conviction under
Section 288, or a felony conviction under Section 311.4 involving a
minor under 14 years of age shall be punished by imprisonment
pursuant to subdivision (h) of Section 1170 for two, four, or six
years.
(d) (1) In any case in which a person is convicted of violating
this section and probation is granted, the court shall require
counseling as a condition of probation, unless the court makes a
written statement in the court record, that counseling would be
inappropriate or ineffective.
(2) In any case in which a person is convicted of violating this
section, and as a condition of probation, the court prohibits the
defendant from having contact with the victim, the court order
prohibiting contact shall not be modified except upon the request of
the victim and a finding by the court that the modification is in the
best interest of the victim. As used in this paragraph, "contact
with the victim" includes all physical contact, being in the presence
of the victim, communication by any means, any communication by a
third party acting on behalf of the defendant, and any gifts.
(e) Nothing in this section prohibits prosecution under any other
provision of law.
 
mightymoose said:
I searched through the Idaho Penal Code and didn't find anything that fits this scenario either.

If you have the fire in you, contact your representative in the state legislature about this situation and see if you can spark some interest in adding something new to the Penal Code.

Here in California we have a statute that might fit this case. Perhaps Idaho could enact osmething similar.

California Penal Code
647.6. (a) (1) Every person who annoys or molests any child under
18 years of age shall be punished by a fine not exceeding five
thousand dollars ($5,000), by imprisonment in a county jail not
exceeding one year, or by both the fine and imprisonment.
(2) Every person who, motivated by an unnatural or abnormal sexual
interest in children, engages in conduct with an adult whom he or
she believes to be a child under 18 years of age, which conduct, if
directed toward a child under 18 years of age, would be a violation
of this section, shall be punished by a fine not exceeding five
thousand dollars ($5,000), by imprisonment in a county jail for up to
one year, or by both that fine and imprisonment.
(b) Every person who violates this section after having entered,
without consent, an inhabited dwelling house, or trailer coach as
defined in Section 635 of the Vehicle Code, or the inhabited portion
of any other building, shall be punished by imprisonment pursuant to
subdivision (h) of Section 1170, or in a county jail not exceeding
one year, and by a fine not exceeding five thousand dollars ($5,000).
(c) (1) Every person who violates this section shall be punished
upon the second and each subsequent conviction by imprisonment
pursuant to subdivision (h) of Section 1170.
(2) Every person who violates this section after a previous felony
conviction under Section 261, 264.1, 269, 285, 286, 288a, 288.5, or
289, any of which involved a minor under 16 years of age, or a
previous felony conviction under this section, a conviction under
Section 288, or a felony conviction under Section 311.4 involving a
minor under 14 years of age shall be punished by imprisonment
pursuant to subdivision (h) of Section 1170 for two, four, or six
years.
(d) (1) In any case in which a person is convicted of violating
this section and probation is granted, the court shall require
counseling as a condition of probation, unless the court makes a
written statement in the court record, that counseling would be
inappropriate or ineffective.
(2) In any case in which a person is convicted of violating this
section, and as a condition of probation, the court prohibits the
defendant from having contact with the victim, the court order
prohibiting contact shall not be modified except upon the request of
the victim and a finding by the court that the modification is in the
best interest of the victim. As used in this paragraph, "contact
with the victim" includes all physical contact, being in the presence
of the victim, communication by any means, any communication by a
third party acting on behalf of the defendant, and any gifts.
(e) Nothing in this section prohibits prosecution under any other
provision of law.
Click to expand...

THANK YOU!! I DO INDEED have the fire for this....
You have helped GREATLY!
Hugs!
 
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