Families, Children and At risk CRS

Incest

sexual contact on anyone related

• under 21 aggravated

• over 21 standard

What age is considered a child?

under 16

is culture a affirmative defense for abuse?

No

Child Abuse Definition

Unreasonably placed child in situation where life or health is a risk

Other factors that are considered child abuse

• mutilating organs

Does statutory privilege (statute of limitations) apply to child abuse?

No

How many after a child is born can they be dropped at the fire station (snoopy style)

no more than 72 hours

• cannot have an intention of getting child back

Can child below age of 18 consent to anything other than sex?

No-minor can only have sex with someone they cant do anything else sexual

Exploitation of Children

Induces or entices a child to do something sexually explicit

Procurement of child for sexual exploitation

person gives transport or arranges to facilitate exploitation

dissemination of sexually explicit material

sex shop allows minors to view porn

unlawful sale of obscene material

selling porn to a minor

Harboring a minor

knowingly provide shelter to a minor without their parents consent 

What age is someone considered at risk

70 or older

What are other at risks

18 years or older with IDD

juvenile with IDD

exploiting an at risk means

use intimidation, harassment, or deception to influence or deprive them of something of value

It can also be

hires a 3rd party to take advantage of the person or cause them harm

What is a crime to an at risk person considered

An enhancer (such as DV)

Manson V Braithwaite

Undercover Officer saw black man for 2-3 minutes in a doorway. Argued identification was accurate

What did Manson V Braithwaite develop?

A Test to determine if identification is admissible 

What is this test?

• Was it impermissibly suggestive

• Is it reliable

Factors the court takes into consideration

• Description 

• Attention 

• View 

• Certainty 

• Time