A man accused of raping a small child will appear in court on Monday. The case revolves around O’Fallon, Illinois resident Larry G. Carter who is 69-years of age. Carter is accused of sexually abusing a 9-year old girl while visiting Murfreesboro. WGNS' Rafferty Cleary has more...
The case will be before Judge Keith Siskin on Monday (June 17th) for arraignment and then on July 15th for a plea to be filed.
MPD Arrest Report #12-19519
Belleville News Democrat Newspaper Reporter Georgia Hillyer (via telephone)
O'Fallon Police Department
T.C.A. 39-13-522. Rape of a child.
(a) Rape of a child is the unlawful sexual penetration of a victim by the defendant or the defendant by a victim, if the victim is more than three (3) years of age but less than thirteen (13) years of age.
(b) (1) Rape of a child is a Class A felony.
(2) (A) Notwithstanding title 40, chapter 35, a person convicted of a violation of this section shall be punished as a Range II offender; however, the sentence imposed upon such person may, if appropriate, be within Range III but in no case shall it be lower than Range II.
(B) Section 39-13-525(a) shall not apply to a person sentenced under this subdivision (b)(2).
(C) Notwithstanding any law to the contrary, the board of probation and parole may require, as a mandatory condition of supervision for any person convicted under this section, that the person be enrolled in a satellite-based monitoring program for the full extent of the person's term of supervision consistent with the requirements of § 40-39-302.
HISTORY: Acts 1992, ch. 878, § 1; 1997, ch. 406, § 2; 2005, ch. 353, § 14; 2006, ch. 890, § 22; 2007, ch. 501, § 1; 2011, ch. 306, § 1.
T.C.A. 39-17-1003. Offense of sexual exploitation of a minor.
(a) It is unlawful for any person to knowingly possess material that includes a minor engaged in:
(1) Sexual activity; or
(2) Simulated sexual activity that is patently offensive.
(b) A person possessing material that violates subsection (a) may be charged in a separate count for each individual image, picture, drawing, photograph, motion picture film, videocassette tape, or other pictorial representation. Where the number of materials possessed is greater than fifty (50), the person may be charged in a single count to enhance the class of offense under subsection (d).
(c) In a prosecution under this section, the trier of fact may consider the title, text, visual representation, Internet history, physical development of the person depicted, expert medical testimony, expert computer forensic testimony, and any other relevant evidence, in determining whether a person knowingly possessed the material, or in determining whether the material or image otherwise represents or depicts that a participant is a minor.
(d) A violation of this section is a Class D felony; however, if the number of individual images, materials, or combination of images and materials, that are possessed is more than fifty (50), then the offense shall be a Class C felony. If the number of individual images, materials, or combination of images and materials, exceeds one hundred (100), the offense shall be a Class B felony.
(e) In a prosecution under this section, the state is not required to prove the actual identity or age of the minor.
HISTORY: Acts 1990, ch. 1092, § 7; 2005, ch. 496, § 2.
T.C.A. 39-15-302. Incest.
(a) A person commits incest who engages in sexual penetration as defined in § 39-13-501, with a person, knowing the person to be, without regard to legitimacy:
(1) The person's natural parent, child, grandparent, grandchild, uncle, aunt, nephew, niece, stepparent, stepchild, adoptive parent, adoptive child; or
(2) The person's brother or sister of the whole or half-blood or by adoption.
(b) Incest is a Class C felony.
HISTORY: Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 25.