bessie
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I agree, there is no benefit to a commitment hearing on the sexual exploitation charges.My understanding of the reasons for a commitment hearing is to determine if LE has enough evidence to hold the defendant and take the charges to trial. Since there's no chance of SM being released due to the murder charge there's no benefit to SM for a commitment hearing on the CP. As Smooth said, that would just put more negative info in the media. At this point, we don't know if the CP charges will be admissible in the murder trial so why put that in potential jurors minds? I do wonder why the charges are listed as child endangerment. JMO
Child endangerment is a non-specific term similar to "child abuse", and most often refers to forms of neglect and behavior that puts a child at risk of mental, emotional, and/or physical harm. I suppose in a broad way it applies, but why not just call it what it is, sexual exploitation of a minor, or simply sexual exploitation?
Here's a little info on "child endangerment" and the state of Georgia.
http://www.criminal-law-lawyer-source.com/terms/endangerment.htmlStricter child endangerment laws are constantly being reviewed by each and every state. While most states have had child endangerment laws for many years, in 2004 Georgia became the last state to add child endangerment laws in the felony category. The child endangerment law allows prosecutors to hold parents and caregivers criminally accountable for reckless and negligent behavior that places a child in jeopardy. Specifically, the bill adds criminal negligence, a felony punishable by up to 10 years in prison, to the state's child cruelty statute.
And here is where those laws are covered in the Georgia statutes.
The sexual exploitation statutes come under the section of Title 16 dealing with morals and obscenities.§ 16-5-70. Cruelty to children
(a) A parent, guardian, or other person supervising the welfare of or having immediate charge or custody of a child under the age of 18 commits the offense of cruelty to children in the first degree when such person willfully deprives the child of necessary sustenance to the extent that the child's health or well-being is jeopardized.
(b) Any person commits the offense of cruelty to children in the first degree when such person maliciously causes a child under the age of 18 cruel or excessive physical or mental pain.
(c) Any person commits the offense of cruelty to children in the second degree when such person with criminal negligence causes a child under the age of 18 cruel or excessive physical or mental pain.
(d) Any person commits the offense of cruelty to children in the third degree when:
(1) Such person, who is the primary aggressor, intentionally allows a child under the age of 18 to witness the commission of a forcible felony, battery, or family violence battery; or
(2) Such person, who is the primary aggressor, having knowledge that a child under the age of 18 is present and sees or hears the act, commits a forcible felony, battery, or family violence battery.
http://www.lexisnexis.com/hottopics/gacode/default.asp
ETA: Criminal negligence as defined in the Georgia code:
(b) Criminal negligence is an act or failure to act which demonstrates a willful, wanton, or reckless disregard for the safety of others who might reasonably be expected to be injured thereby.
http://www.lexisnexis.com/hottopics/gacode/default.asp