The plea agreement stipulates that, in exchange for pleading guilty to the imposition charge and remaining solicitation charge, Belgarde would receive a seven-year sentence at the Department of Corrections and Rehabilitation with four of those years suspended. Prosecutors dismissed a third charge of solicitation of a minor because it had been improperly charged. To both charges in March, but those pleas can sometimes be a placeholder while defendants and their accusers seek a plea agreement. What is Gross Sexual Imposition Gross Sexual Imposition is when a person engages in sexual contact with another person, who is not his or her spouse, under any of the following conditions: Force. The second child reportedly told police he saw Belgarde having sex with the first child. Gross sexual imposition is a felony of the third degree, which carries with it a sentence of 1-5 years in prison and a maximum fine of 10,000. The following is an example of one state's law dealing with gross sexual imposition: '2907.05. Gross sexual imposition is distinguished from rape in that it entails any sexual contact instead of conduct and thus, is generally less serious. Gross sexual imposition is a sexual offense which is governed by state laws, which vary by state. Belgarde also, they contend, asked a second child, who was 12 at the time, to commit sexual acts with him. Gross Sexual Imposition Law and Legal Definition. That Belgarde, 30, committed multiple sexual acts with an unnamed child when the child was 11 years old. That deal would send Belgarde to state prison for seven years, some of which would be suspended. 27, Nathan Scott Belgarde changed his plea to both charges from “not guilty” to “guilty,” holding up his end of a deal that his attorney struck with prosecutors earlier this month. In North Dakota state law, sexual assault can be referred to as gross sexual imposition. Gross sexual imposition charges are considered class AA felonies in situations when the victims are under 15 years of age and the assailant is 22 years of age or older. She said the recording will show that Spears was properly informed of his Miranda rights and that the defendant can be heard on the recording waiving those rights.A Grand Forks man could spend three years in North Dakota prison after pleading guilty to gross sexual imposition and solicitation of a minor. In Ohio, a gross sexual imposition is when a person engages in sexual contact with another individual against their will. the offence of sexual assault with exacerbating circumstances. The recording lasts for more than an hour and a half, Judge Jeffrey Reed was told.Īssistant Allen County Prosecuting Attorney Destiny Caldwell told the judge that Spears had already been placed in police custody when the interview took place. The crime of gross sexual imposition entails the forced sexual contact. In the state of Ohio, gross sexual imposition is a third or fourth degree felony charge, depending on the circumstances. Prosecutors and the public defender’s office stipulated to the submission of a video recording of Spears’ interrogation by Lima Police Department Detective Matt Boss on Aug. What Is Gross Sexual Imposition A person who forces another person to have sexual contact with a third party has committed gross sexual imposition. The motion alleges that the defendant was not advised of his right to have an attorney present during questioning.
The motion seeks to have all oral statements made by Spears to law enforcement ruled inadmissible at trial. The Allen County Public Defenders Office, in a motion filed earlier this month, claims Spears’ Fifth Amendments rights against self-incrimination were violated following his arrest. The arrest affidavit for Spears was ordered sealed in Lima Municipal Court. The alleged incidents occurred between 2014 and June of this year.įew additional details have been made public. According to court records the victims of the alleged offenses are two minors, each of whom were under the age of 13 at the time. James Spears, 58, was indicted by a grand jury in September on 10 counts of gross sexual imposition, felonies of the third degree. That person compels the victim to submit by force or by threat of imminent death, serious bodily injury, or kidnapping, to be inflicted on any human being b. A person who engages in a sexual act with another, or who causes another to engage in a sexual act, is guilty of an offense if: a. LIMA – A Lima man charged with 10 counts of gross sexual imposition appeared briefly in Allen County Common Pleas Court on Thursday for a motion hearing seeking to suppress statements he made to police. Section 12.1-20-03 - Gross sexual imposition - Penalty 1.
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