Ohio man gets jail for mocking disabled girl

[thorn]

He should have pled not guilty as opposed to no contest. The defendant rolled over to the whim of the judge in this case, based on the article read. Granted, they reduced some charges, but I'm guessing the defendant couldn't afford the trial which would have garnered much public attention and come with a large pricetag for the lawyer to defend him.

I'm not in favor of rude behavior, but something doesn't feel right to me about this guy getting jail time here. It's a shame that an asswhippin wasn't an option, as it seems to be a much more fit punishment than actual incarceration.

 

[dunkel]

Not to minors you don't.For example

You get pulled over for speeding
office ask you questions
your child age 6 is in the back seat
you start to curse in front of this child
office arrest you

have a good day

If that's true, it's equally repugnant to anyone who would purport to believe in freedom and liberty.

As Dave pointed out...freedom of speech is protected...freedom not to be offended is nowhere in the Constitution.

 

[Corso]

http://www.dailymail.co.uk/news/art...mera-mocking-limp-girl-10-cerebral-palsy.html

 

[Corso]

2903.21 Aggravated menacing.

(A) No person shall knowingly cause another to believe that the offender will cause serious physical harm to the person or property of the other person, the other person’s unborn, or a member of the other person’s immediate family.
(B) Whoever violates this section is guilty of aggravated menacing. Except as otherwise provided in this division, aggravated menacing is a misdemeanor of the first degree. If the victim of the offense is an officer or employee of a public children services agency or a private child placing agency and the offense relates to the officer’s or employee’s performance or anticipated performance of official responsibilities or duties, aggravated menacing is a felony of the fifth degree or, if the offender previously has been convicted of or pleaded guilty to an offense of violence, the victim of that prior offense was an officer or employee of a public children services agency or private child placing agency, and that prior offense related to the officer’s or employee’s performance or anticipated performance of official responsibilities or duties, a felony of the fourth degree.


[h=1]2917.11 Disorderly conduct.[/h] (A) No person shall recklessly cause inconvenience, annoyance, or alarm to another by doing any of the following:
(1) Engaging in fighting, in threatening harm to persons or property, or in violent or turbulent behavior;
(2) Making unreasonable noise or an offensively coarse utterance, gesture, or display or communicating unwarranted and grossly abusive language to any person;
(3) Insulting, taunting, or challenging another, under circumstances in which that conduct is likely to provoke a violent response;
(4) Hindering or preventing the movement of persons on a public street, road, highway, or right-of-way, or to, from, within, or upon public or private property, so as to interfere with the rights of others, and by any act that serves no lawful and reasonable purpose of the offender;
(5) Creating a condition that is physically offensive to persons or that presents a risk of physical harm to persons or property, by any act that serves no lawful and reasonable purpose of the offender.
(B) No person, while voluntarily intoxicated, shall do either of the following:
(1) In a public place or in the presence of two or more persons, engage in conduct likely to be offensive or to cause inconvenience, annoyance, or alarm to persons of ordinary sensibilities, which conduct the offender, if the offender were not intoxicated, should know is likely to have that effect on others;
(2) Engage in conduct or create a condition that presents a risk of physical harm to the offender or another, or to the property of another.
(C) Violation of any statute or ordinance of which an element is operating a motor vehicle, locomotive, watercraft, aircraft, or other vehicle while under the influence of alcohol or any drug of abuse, is not a violation of division (B) of this section. (D) If a person appears to an ordinary observer to be intoxicated, it is probable cause to believe that person is voluntarily intoxicated for purposes of division (B) of this section.
(E)(1) Whoever violates this section is guilty of disorderly conduct.
(2) Except as otherwise provided in division (E)(3) of this section, disorderly conduct is a minor misdemeanor.
(3) Disorderly conduct is a misdemeanor of the fourth degree if any of the following applies:
(a) The offender persists in disorderly conduct after reasonable warning or request to desist.
(b) The offense is committed in the vicinity of a school or in a school safety zone.
(c) The offense is committed in the presence of any law enforcement officer, firefighter, rescuer, medical person, emergency medical services person, or other authorized person who is engaged in the person’s duties at the scene of a fire, accident, disaster, riot, or emergency of any kind. (d) The offense is committed in the presence of any emergency facility person who is engaged in the person’s duties in an emergency facility.
(F) As used in this section:
(1) “Emergency medical services person” is the singular of “emergency medical services personnel” as defined in section 2133.21 of the Revised Code.
(2) “Emergency facility person” is the singular of “emergency facility personnel” as defined in section 2909.04 of the Revised Code.
(3) “Emergency facility” has the same meaning as in section 2909.04 of the Revised Code.
(4) “Committed in the vicinity of a school” has the same meaning as in section 2925.01 of the Revised Code.

 

[mutt]

So you are saying that rude people deserve jail time? CCW will get a life sentence

 

[dunkel]

If that's the definition, I fail to see how he committed that crime.

 

[Corso]

So you are saying that rude people deserve jail time? CCW will get a life sentence

No,What I am saying grown men making fun of a minor is...

You can call me curse words and can go to jail for disorderly conduct.

 

[dunkel]

The key to those offenses seems to be the physical aspect of it...physically getting in the way, threats of physical harm, likely to get a physical response. How does making fun of this girl fit that description?

 

[Corso]

The key to those offenses seems to be the physical aspect of it...physically getting in the way, threats of physical harm, likely to get a physical response. How does making fun of this girl fit that description?

The way you move, and talk to one can make one feel unsafe and feel you could or would cause harm.

Example

You can call me names and leave and most likely not be charged with a crime
BUT if you call me these names and walk to me in my face again screaming those same curse words,I would feel you are about to cause harm and hurt me.Witness (A) records this and holds up in court as threatening approach by you.

 

[dunkel]

You can make up any example to illustrate anything you like...but please explain how it applies to this situation. No one claims, as far as I can tell, that anyone felt physically threatened.