Saturday, April 21, 2012

Another News Blurb Fails to Note Unjust Prosecution

Once again, we get too little information from law enforcement and journalists. This news blurb's headline is "Man sentenced to jail for incest." The news is from Lockport, New York. We know consensual incest (consanguinamory) is still illegal in New York, and we know that some US states sill prosecute consenting adults for consanguinamory.
A 21-year-old Lockport man was sentenced today for incest.
James David Knoop was sentenced to 6 months in jail for incest in the 3rd degree.  He was also sentenced to 10 years supervision.
No mention is made of whether this was assault or consensual sex, both of which can be defined under the term "incest." No mention is made of the age of the victim(s) (if it was an assault) or the other participant(s) if it was consensual. So we don't know from the blurb whether this was a ridiculous prosecution of consensual sex, or if this was a just prosecution of a predator.

I did some digging myself, something a journalist can easily do. From the state's website:



 § 255.25 Incest in the third degree.
    A  person  is  guilty  of  incest  in  the third degree when he or she
  marries or engages in sexual intercourse, oral sexual  conduct  or  anal
  sexual  conduct  with a person whom he or she knows to be related to him
  or her, whether through marriage or not,  as  an  ancestor,  descendant,
  brother  or  sister  of either the whole or the half blood, uncle, aunt,
  nephew or niece.
    Incest in the third degree is a class E felony.
Interesting that uncle,  aunt, nephew, or niece is not specified as blood. But I also found more.
 
Second degree incest:
 
§ 255.26 Incest in the second degree.
    A  person  is  guilty  of  incest  in the second degree when he or she
  commits the crime of rape in the second degree, as  defined  in  section
  130.30  of  this  part,  or criminal sexual act in the second degree, as
  defined in section 130.45 of this part, against a person whom he or  she
  knows  to  be related to him or her, whether through marriage or not, as
  an ancestor, descendant, brother or sister of either the  whole  or  the
  half blood, uncle, aunt, nephew or niece.
    Incest in the second degree is a class D felony.

First degree incest:


  § 255.27 Incest in the first degree.
    A  person  is  guilty  of  incest  in  the first degree when he or she
  commits the crime of rape in the first degree, as defined in subdivision
  three or four of section 130.35 of this part, or criminal sexual act  in
  the  first  degree,  as  defined in subdivision three or four of section
  130.50 of this part, against a person whom he or she knows to be related
  to him or  her,  whether  through  marriage  or  not,  as  an  ancestor,
  descendant,  brother or sister of either the whole or half blood, uncle,
  aunt, nephew or niece.
    Incest in the first degree is a class B felony.

So it looks to me like this was indeed a case of consensual sex, since it was third degree incest. Third degree incest, as defined above, should not be a crime in the first place. This appears to me to have been an unjust prosecution. The news outlets should be pointing out that law enforcement is using taxpayer money to prosecute and incarcerate people for consensual sex.

Consanguinamory should not be a crime.


 

2 comments:

  1. no. he did it. half sister, under 18. NOT unjust in any way.

    ReplyDelete
    Replies
    1. Thanks, Anonymous. Was this a plea deal, and that is why it wasn't a more serious charge? Was it forcible? If it was, why wasn't he charged with rape?

      Delete

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