Atlanta Scientologist Daniel Austin arrested on pedopholia charges..

Smurf

Gold Meritorious SP
hopefully this is a bit easier to see
untitled2jpg.jpg

If this criminal case is any indication... since Daniel Austin didn't have actual contact with a child.. he may get off with a slap on the wrist, and not have to register as a sex offender.

http://www.timesfreepress.com/news/2012/mar/21/former-substitute-teacher-pleads-guilty/?print
 

skydog

Patron Meritorious
I just checked the Georgia Criminal Code; here is the TLDR synopsis:

It is reasonable to assume that Mr. Austin will be imprisoned for some period of time if he is convicted of even one of these offenses. The legislative scheme demonstrates a strong presumption of incarceration following a conviction for this type of offense.

Oh, more bad news, Mr. Austin will probably be required to seek psychiatric treatment if he wants to live in the community.


The breakdown is as follows:


Austin is charged with two counts of attempted child molestation, and two counts of attempted aggravated child molestation. He is also charged with a violation of the sexual exploitation of children's act.

Attempt: The law punishes successful as well as unsuccessful attempts at criminal conduct. To be guilty of criminal attempt, the person must have the specific intent to commit a crime (child molestation) and he performs any act which constitutes a substantial step towards the commission of that crime. Impossibility is not a defense so the fact that Mr. Austin was speaking with an undercover agent is not relevant.
Penalties: A person convicted of attempt is rewarded with a reduction in his sentence. Upon conviction of an attempted felony, the court imposes a minimum sentence of one year and no more than 1/2 the maximum sentence that could be imposed if he had succeeded.

Child molestation: Child molestation includes any immoral or indecent act done to or in the presence of a child under the age of sixteen. It may also include the electronic transmission of lewd conduct involving minors. The state must also show that the conduct was intended was to "arouse or satisfy the sexual desires" of either the defendant or the child.
Penalties: Child Molestation carries a minimum of five years and a maximum of 20 years. In this case, because the crime was not completed, the minimum would be one year, the maximum ten years.

Aggravated Child Molestation: Aggravated child molestation is child molestation that causes physical injury or involves an act of sodomy. Sodomy is further defined as contact between the sex organs of one person and the mouth or anus of another.
Penalties: Aggravated child molestation carries a minimum term of imprisonment of twenty-five years and a maximum term of life imprisonment. Because this is attempted conduct, the court may only sentence him to a minimum of one year and a maximum of thirty years.

Sexual Exploitation of Children Act: Ga. Code 16-12-100.2 The statute makes it illegal to use the a computer internet service "to seduce, solicit, lure, or entice, or attempt to seduce, solicit, lure, or entice a child or another person believed by such person to be a child to commit any illegal act described in
Code:
. 
	Penalties: The statute provides for a minimum of one year and maximum of twenty years.

Note on Consequences of Conviction: If convicted of everything, Austin has a total maximum exposure (if the court imposed all sentences consecutive to each other) of a minimum of five years, and a maximum of 100 years broken down as follows:

Child molestation x 2 (1 min/10max)		2 min./ 20 max.
Agg. Child molestation x 2 (1 min/ 30 max) 	2 min./ 60 max.
Sex exploitation					1 min./20 max.
TOTAL						5 min/ 100 max.

Figuring out the minimum sentence is a bit more difficult. Because these are sex offenses, the court is required to impose a split sentence. A split sentence involves a period of incarceration followed by a period of release under the supervision of a probation officer. The court is required to impose the minimum sentence as the period of incarceration and a "probated sentence" of at least one year. Because the court could impose all sentences concurrently, the minimum sentence, theoretically, would be one year to serve followed by one year probation. 

The sentencing statute also provides that the minimum sentence (one year on each separate offense) may not be suspended, probated, deferred, stayed, etc. Despite the draconian language, the court is allowed to fully suspend the sentence (no jail time) if:
	1. the defendant has no prior conviction;
	2. the defendant did not use a deadly weapon, object, or device that could cause serious bodily injury;
	3. No evidence of similar prior incidents;
	4. No physical harm to victim;
	5. The victim was not transported or restrained in this incident.
 

Smurf

Gold Meritorious SP
I just checked the Georgia Criminal Code; here is the TLDR synopsis:

It is reasonable to assume that Mr. Austin will be imprisoned for some period of time if he is convicted of even one of these offenses. The legislative scheme demonstrates a strong presumption of incarceration following a conviction for this type of offense.

The sentencing statute also provides that the minimum sentence (one year on each separate offense) may not be suspended, probated, deferred, stayed, etc. Despite the draconian language, the court is allowed to fully suspend the sentence (no jail time) if:
1. the defendant has no prior conviction;
2. the defendant did not use a deadly weapon, object, or device that could cause serious bodily injury;
3. No evidence of similar prior incidents;
4. No physical harm to victim;
5. The victim was not transported or restrained in this incident.

I suspect Austin will take a plea deal to avoid going to trial. The State of Georgia used to be known as a "hangman" state where judges imposed hard sentences on the convicted, but Georgia is like any other state that has suffered from the current economy... offer plea deals in lieu of tying up the court's time with very expensive trials.

Hopefully, if this is the case, his judge is less forgiving. A judge has to accept & approve any plea deal.
 

skydog

Patron Meritorious
I suspect Austin will take a plea deal to avoid going to trial. The State of Georgia used to be known as a "hangman" state where judges imposed hard sentences on the convicted, but Georgia is like any other state that has suffered from the current economy... offer plea deals in lieu of tying up the court's time with very expensive trials.

Hopefully, if this is the case, his judge is less forgiving. A judge has to accept & approve any plea deal.

I agree that Austin will probably cut the best deal he can in this case. I expect that the best he can hope for is a sentence in the 18 mo. to 2 year range followed by a lengthy period of probation and sex offender registration. I base this guess on the following:

Strength of the case: Although I haven't seen the police reports or witness statements, generally this type of case is fairly strong. There will be a record of every conversation made between Austin and the police agents. Again, generally speaking, the police are very careful in these conversations to ensure that the suspect is aware that the conduct is criminal and is desirous of engaging in the conduct notwithstanding its criminality.

Age difference between Defendant and attempted victim: In my opinion, this factor is very significant and weighs heavily in favor of incarceration.

Lack of harm to victim: The most mitigating aspect of this case is the fact that no child was harmed or could have been harmed by Austin's conduct. In itself, it is not enough to warrant a fully suspended sentence, but it is enough to reduce the amount of incarceration.

Record of Defendant: The court has no discretion to impose a fully suspended sentence unless there is no record of this type of behavior. I am assuming this Austin's first arrest for this type of behavior. Even if he has not been arrested, if there is evidence of uncharged conduct of a similar nature, that would be a factor warranting a lengthier prison sentence.
 

AnonyMary

Formerly Fooled - Finally Free
Good question. I was just wondering about this a couple days ago.

I was, too. He's not registered as a sex offender in the national database.
http://www.nsopw.gov/

His name is Daniel J Austin
http://forum.reachingforthetippingpoint.net/index.php/topic,11866.msg27050.html#msg27050

He s not incarcerated, nor on parole or probation with the state
http://www.dcor.state.ga.us/GDC/OffenderQuery/jsp/OffQryForm.jsp

Perhaps the charges were dropped? Or they are still investigating?

oops! Just found this:



CATOOSA COUNTY SUPERIOR COURT

CALENDAR CALL: JURY TRIAL
March 4, 2013 09:00AM

For Judge: PRESIDING JUDGE

Party Name Case# Count Offense Associated Parties

AUSTIN DANIEL JAMES 2012-SU-CR-745-


1 COMPUTER PORNOGRAPHY
2 COMPUTER PORNOGRAPHY
3 CRIMINAL ATTEMPT TO COMMIT A FELONY -16-4-1
4 CRIMINAL ATTEMPT TO COMMIT A FELONY -16-4-1
5 CRIMINAL ATTEMPT TO COMMIT A FELONY -16-4-1
6 CRIMINAL ATTEMPT TO COMMIT A FELONY -16-4-1

(BO) ACE BONDING COMPANY
(AP) BAKER KAY
(AD) HINES MATTHEW C

http://www.lmjc.net/Catoosa Criminal A-L.pdf

Just a reminder of the charges:
AustinDanielJames_lmjc_net_Catoosa-24Hour.png
 

Loohan

Am I Mettaya?
Are you suggesting he should spend his life in prison if he's innocent?

Sadly, many innocent people do spend the rest of their lives in prison for crimes they didn't commit. Thankfully there are efforts out there to help overturn these convictions

Wrongful Conviction and Innocence Resources on the Internet
http://www.llrx.com/features/wrongfulconviction.htm
http://www.law.northwestern.edu/cwc/
http://www.innocenceproject.org/


http://www.usobserver.com/ is a good one.
 

SirRalliart

Patron with Honors
I knew Dan back in the day. He was the Bookstore Officer(BSO) at the Atlanta Org for years. He took lots of my money and rec'd some pretty hefty Book Commissions because of me in the 90s. I took all of that crap to Half Price Books and only got 10 cents for each book and tape package. 6 boxes worth.

Nothing about Scilons surprise me anymore - I'm only surprised because I know the dude. Hell, look how many "ex-staff" sleazeballs of the Atlanta org were involved in that Narconon criminal syndicate down there. Even the head lady of Narconon ATL was the head of the Atlanta Mission there before it became an Org. I wonder how the infamous ex-wife and ex-Reg, Linda "oh, yeah, you can go Clear on that 12-intensive package" Austin, feels about this. After about $70K I wasn't anywhere near Clear. Not like that state even exists, I did finally "go Clear" at a different org and years and 30 grand later.

How did I get off on that bitch rant - Jeez, I haven't posted in months - maybe a year - and this bullshit still gets dredged up from my core. Fuck.:angry:


On a brighter note, I sold the Road Runner and bought a 'Cuda - nothing like nailing 2nd gear in a Mopar Muscle Car and leaving a mess of tire smoke to clear one's head!! I get so much more out of driving Muscle Cars than I ever got out of the cult - gee, I think I went exterior, or maybe it was the G-force from the acceleration making me smile wide!
 
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