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Tag Archives: Indecent Liberties

Criminal Practice – Sentencing – ACCA – Indecent Liberties — Vacated (access required)

U.S. v. Vann The en banc 4th Circuit vacates a 15-year sentence under the Armed Career Criminal Act, imposed on a defendant who pleaded guilty to handgun possession, as the per curiam majority finds it cannot determine from state court charging documents that defendant was convicted under subsection (a)(2) of North Carolina’s Indecent Liberties Statute.

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Criminal Practice – Indecent Liberties – Minor’s Legs – Satellite-Based Monitoring – Sexually Violent Offense (access required)

State v. Sims The state presented sufficient evidence from which the jury could infer that defendant’s conduct was for the purpose of arousing or gratifying sexual desire: In three aisles at a Target store (1) defendant crouched down, looking at the juvenile’s legs; (2) defendant “fell into” the juvenile, wrapping his hands around her; and (3) defendant kneeled down, six to eight inches away from the juvenile’s legs. Another witness testified that defendant had complimented her legs, followed her into a store, and asked if he could hug her legs. Finally, Detective Benjamin testified that defendant admitted to having an obsession with women’s legs.

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Criminal Practice – Indecent Liberties – Frequent Acts – Child’s Testimony (access required)

State v. Davis In his testimony, the victim clearly described discrete instances of different types of sexual acts perpetrated upon him by defendant over a long period of time. This evidence was sufficient to withstand defendant’s motion to dismiss the 36 charges against him. State v. Wiggins, 161 N.C. App. 583, 589 S.E.2d 402 (2003).

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