Free-Range Kids

In Arizona, Parents Could Go to Jail for Changing Their Kids' Diapers

Defendants have to prove the contact was non-sexual

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Baby
Marcin Okupniak / Dreamstime

What's the difference between a parent changing his baby's diaper and a child molester fondling a 12-year-old's breasts?

In Arizona, that's a trick question—because, legally, there is no difference. In a state Supreme Court ruling that came out last week, the justices determined that intentionally or knowingly touch the private parts of a child under age 15 is automatically a felony.

Okay, but what if there was no sexual intent? What if, say, dad was giving the baby a bath, or the babysitter was taking the kid's clothes off to get him ready for bed?

Well, according to the decision in State v. Holle, if defendants can prove that they were "not motivated by sexual interest," then they can avoid being deemed sex offenders. But this places the burden of proof on the accused to prove their innocence, not the state to prove their guilt. The state no longer has to demonstrate that the contact was non-sexual—the accused party has to prove that.

What's more, noted Matt Brown in Mimesis Law, quoting the two dissenting justices:

Such a defense…does not mean that a crime has not occurred, but instead that the miscreant may avoid "culpability" by persuading the factfinder that the "criminal conduct" should be excused.

Criminal conduct? The conduct of helping a kid into her bathing suit?

The Arizona law that triggered this decision deliberately keeps the tripwires vague. And the state Supreme Court had no problem with that, relying on what it believes will be the impeccable restraint of all prosecutors throughout the state:

We cannot and will not assume that the state will improperly prosecute persons who, though perhaps technically violating the terms of broad statutes [], clearly engaged in reasonable, acceptable, and commonly permitted activities involving children.

And yet, notes Brown, since 90 percent of all cases never go to trial and are determined by plea bargain, this gives prosecutors a giant scythe to dangle over any citizen: Are you going to go to court to prove you're not a sex offender? Or are you going to take a plea?

It's a scythe that can be used as a new threat to defendants facing other, unrelated charges, too. Are you now or have you ever changed a diaper? Then we've got you.

These fears may seem paranoid, says Fordham Law Professor John Pfaff, and "obviously, if hundreds of these cases came down the line, the legislature would have to change the law. But," he points out, "we'll never see those cases. Because even if you can prove yourself innocent, by the time you're charged with child molesting it's going to ruin your life. So prosecutors [can] use these tools in ways that are very hard to see."

Yes they can. And that stinks more than a day-old Pampers.

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  1. What’s the difference between a parent changing his baby’s diaper and a child molester fondling a 12-year-old’s breasts?

    The answer: The Count of Monte Crusto’s favourite and bestest-in-show & presentation, Lena Dunham.

    1. My fellow Americans, as Victor Hugo himself once pointed out, it is indeed the duty of the state to protect children from their parents. Large numbers of perverts lurk in our cities, and throughout the uneducated rural landscape; they must be rooted out through investigation, arrest, prosecution, and?where proof beyond a reasonable doubt of innocence is not forthcoming?incarceration in our nation’s excellent network of holding cells and penal colonies.

      This, incidentally, is similar to the situation with the criminal Trolls of the Net who go around foisting “satirical” tweets, “Gmail confessions,” and other forms of unwanted trigger-speech upon their fellow citizens. Let the message go out far and wide: if your “parody” is inappropriately deadpan and not clearly labeled as such, if you cannot prove beyond a reasonable doubt that your intent was not to damage?even truthfully?a reputation, then you have violated Poe’s law. You have crossed the line into criminality?and you go to jail. See the documentation of America’s leading criminal “satire” case at:

      http://raphaelgolbtrial.wordpress.com/

      1. Give it a rest, guy.

        1. “Give it a rest,” when perverts are slowly but surely infiltrating our great nation? I should think not, good fellow. A wall there must be, and a wall there will be.

          1. youve been stinking up h&r for years now quixote. take your freak show to another website already.

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              1. Start working at home with Google! It’s by-far the best job I’ve had. Last Wednesday I got a brand new BMW since getting a check for $6474 this – 4 weeks past. I began this 8-months ago and immediately was bringing home at least $77 per hour. I work through this link, go to tech tab for work detail,,,,,.,.,

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  2. Serious legal question: are they out of their farking minds?

    1. I guess so, at least according to the link:

      There’s a special sort of insanity about the relationship between Arizona’s lawmakers and the courts. The lawmakers are crazy to start. They’ve proven over and over again that they’re incapable of controlling themselves. They couldn’t avoid hysteria and draft reasonable, limited laws when it comes to things that frighten them if their lives depended on it.

      As for what they passed regarding sex abuse and molestation, it seems they’re either too stupid to realize what they’ve done or they’re pretty sure prosecutors wouldn’t target anyone who matters to them. I find it hard to believe none of them have ever had children or know anyone who’s had children, or that they’re all so sheltered from the reality of the system that they don’t believe the tremendous power they’ve given prosecutors could be abused.

      The courts, on the other hand, should know better. Our legislature is out there passing terrible laws as if they were paid by the injustice. It’s impossible that three intelligent justices don’t see the problem with the laws they’re upholding. The courts, instead of keeping our lawmakers honest, have instead opted to craft ostensibly thoughtful and well-reasoned opinions allowing the legislature to do whatever ridiculous and often horrible things pop into their heads.

      It’s greatly satisfying to read an unapologetic, full-throated, vituperative denunciation of this idiocy.

      1. intelligent justices

        Ah-ha! Found the flaw in the logic!

      2. Remember, all those judges/justices are lawyers, and most likely were legislators at once time or another.
        All of them – collectively – aren’t worth Jake Garn’s Warm Bucket of Piss.

        1. Judges/ justices/ lawyers = prosecutors. ‘Nuff said.

    2. CHILD BIRTH IS RAPE! WE ARE ALL BORN RAPISTS.

      1. It’s the left’s Original Sin. Well, that and despoiling Mother Gaia.

      2. OH MY GOD.

        I just realized that giving birth is nothing more than forcing an infant to touch an adult woman’s vagina. What’s more – it’s the child’s *own mother*!! It’s not just abuse, it’s incest!

        The absolutely horror.

    3. Dude, its the AZ legislature. Of course they are.

      They’re only saving grace is that roughly 51% of the time their insanity advances the cause if individual freedom. Two steps forward, one back.

    4. Out of their minds? No. They have just given up, and given the public exactly what they have been asking for. Democracy – the theory that the people know what they want and deserve to get it, good and hard.

      This is just the logical conclusion of what the American people have long been asking for. Think – what is the difference if a child’s genitals are touched by a parent while changing diapers, or by someone who is thinking sexual thoughts while doing the exact same thing? What is the difference between a nurse taking a child’s temperature, and a nurse taking a child’s temperature while thinking sexual thoughts?

      Are the actions criminal, or the thoughts? If the actions, then a mother who touches her baby’s genitals while changing their diapers is JUST AS GUILTY as someone who touches a child’s genitals for other reasons – and if the thoughts are criminal, then we can proudly say that we as a society have embraced the idea of thoughtcrime.

  3. if defendants can prove that they were “not motivated by sexual interest,”

    Mens rea for me, but not for thee.

    I can remember when the state had to prove guilty intent. WTF, Arizona Supreme Court?

    We cannot and will not assume that the state will improperly prosecute persons

    I swear, we founded the whole country on the idea that this is exactly what the state will do if you let it.

    1. Exactly. If that insane statement were true, what the hell would we even need judges or courts for?

      1. “It shall be a crime to engage in wrongful conduct, as determined by the facts and circumstances.” shall be the whole of the law.

        http://blog.simplejustice.us/2…..do-it-all/

    2. You’re all guilty, we’re just debating over the crime.

    3. Just call James Comey as a character witness, he knows all about not having criminal intent

  4. “We cannot and will not assume that the state will improperly prosecute persons”

    LOL

  5. In a state Supreme Court ruling that came out last week, the justices determined that intentionally or knowingly touch the private parts of a child under age 15 is automatically a felony.

    Given precedent, I assume < 15 yr. olds touching their own or each others' private parts is a felony as well.Three felonies a day seems about right at 15.

    1. Its a double felony. Not only are the molesting themselves, but since they are under the age of consent that are also statutorily raping themselves.

  6. And the state Supreme Court had no problem with that, relying on what it believes will be the impeccable restraint of all prosecutors throughout the state…

    Why have a Bill of Rights at all?

    1. It’s a bill, which means you gotta pay for your rights. Freedom isn’t free, Fist.

    2. We do, but it ceased to be operative a long time ago.

    3. They still have to pretend there are some limits on government power, even though we know they’re total bullshit.

  7. Why is this surprising? This is the same crap coming out of the title IX show-trials on campus. You have to prove you weren’t guilty.

    1. And even then, being innocent of the crime is still at least a misdemeanor.

  8. I swear as God as my witness I thought turkeys could fly but we also know they write insane and irrational laws.

    What the fuck?

    1. You know, Rufus, down here in the States our wild turkeys fly pretty well.

      1. Not when you chuck them out of a helicopter.

        1. It’s the landing that’s the problem.

      2. They run fast.

  9. Oh, you watch some ambitious asshole prosecutor apply this over zealously.

    1. No, it can’t happen! No way this becomes a witch hunt.

  10. Speaking of diapers, there’s going to be a serious shortage of the adult version the day after the election if Hillary loses. I’d advise not leaving the house without a gas mask and an industrial strength pooper scooper.

    1. You don’t think Hillary will be infantilizing adult children if she wins?

      1. Depends.

        1. *thunderous applause*

    2. If that happens and Troomp indeed emblazsons the USA’s butt cleavage with his Troomp Stoomp, methinks I will be able to view the gnashing of teeth and hear the wailing lamentations of the wimminz there from our front balcony.

      1. As well as the giant golden TRUMP sign atop the White House.

        1. A beautiful, beautiful TROOMP sign…. magnificient, great, great sign…. it’ll look just like Melania’s Troomp Stoomp….guilded and golden. Simply terrific, just ask her, she’s a classy dame. Ooops! Did I say, “Dame?” I tells ya, this PC stuff, terrible. Simply awful. But not like my shiny, shiny sign… Making the White House Great Again… It will be fantastic, the best. The best thing since Dolly Madison filled the White House with those yummy, yummy treats and those delicious cakes. Mine will be Troomp Cakes with the guilded golden TROOMP sign, just like… like the Troomp White House, and they will be fabulous… the angel food cake will simply… simply be great. Melania will kiss every cake, and Make Cake Great Again… That,,,,that I can tell you.

          1. …and they all want cake, every one of them.”

    3. Hillary losing would be the best fun ever. Not because of Trump winning but due to the lefts sudden madness. the only reason to vote for Trump

      1. Delicious proggie tears. I’m buying some rain barrels to collect em.

      2. I’m betting on Hilldog going into one of her many coughing fits and lapsing into a state of unconsciousness during the debate.

        Trump [Il Douche, as opposed to his opponent La Douche] need only stand there, look concerned, and ask for someone to call 911.

        That should place quite the butt plug in the HRC campaign.

        Still voting Libertarian.

        1. And he will be completely incapable of acting with such restraint and apparent concern.

          Instead he’ll shake his head like an epileptic while throwing water from his water bottle everywhere and tweeting unflattering pics and insulting bullshit as the EMT’s work.

          *sigh* and he’s STILL the better candidate of the pair.

      3. It will no doubt be a sight to see. Of course you can bet the left will go full Stasi afterward. The rhetoric in 2018 and 2020 will be the bastard offspring of Andrea Dworkin and Malcolm X. They’re gonna be militant. This is one prank we cishet white male shitlorrs will pay for in the end if they find their way back into office.

  11. This is why when little kids are near I stay away and tell them to go away. The paranoia among soccer moms is unreal. The other day I was putting stuff in a storage container and the owner of the storage business’ two kids came up on their bikes to say hello. I was like have a good day please find somewhere else to play.

    Same thing as a prof the Department’s policy is to keep doors open when talking to students at all times, to cover everyones’ ass. Hell I prefer to have my TA be in the room with me when talking to students. All it takes is one student whose pissed at me for failing a test to throw an accusation at me and I’m toast the university is going to assume I’m guilty no matter how clean my record is. I’ve seen it happen and its sad and awkward as hell.

    1. All it takes is one student whose pissed at me for failing a test to throw an accusation at me

      Assuming you are in a one-party consent state for recording, I’d just set up a video camera in your office and turn it on whenever there’s a student in the room.

      1. And keep it for as long as the state of limitations leaves an opening for you to be charged.

        1. statute

        2. there are no limitations on this state

    2. David Mamet’s Oleanna — “sad and awkward as hell.”

    3. All it takes is one student whose pissed at me for failing a test to throw an accusation at me

      Like this?

    4. You’d better not be grading English papers.

  12. “We cannot and will not assume that the state will improperly prosecute persons who, though perhaps technically violating the terms of broad statutes [], clearly engaged in reasonable, acceptable, and commonly permitted activities involving children.”

    I think judges do need to assume that two foundation principles of justice remain intact–mens rea and jury trials.

    I think justices have to assume that juries will do their jobs properly and that mens rea remains an important obstacle to convicting people of sex crimes for giving their babies a bath.

    It’s a terrible law, and the legislature should repeal it.

    1. Right the state has never ever ever improperly prosecuted anyone……………nope nope nope nope

  13. This is why i just shake babies until the shit flies off.

    1. I just put ’em in the driveway and hose ’em down good and hard.

      I intend never to touch my children or let anyone else touch them until they are at least 18, and intend to be entirely surprised when they grow up to be sociopaths.

      1. Its got to be 21 nowadays – and only if you’re dangerously lax, 26 is preferred. A friend of mine’s ex-MIL breastfed one of her grandchildren until he was 6.

        The school bus stop down the street from my home is where middle school students catch the bus – there’s like 6 parents there in the morning to drop them off (none of them would have to walk more than a half mile to get to this stop) and wait there with them until the bus arrives.

        And people I tell this to don’t understand why I might find it strange, its just what’s done today.

  14. I think I found a troll in the comments of the link from the story:

    Suck it up
    18 September 2016 at 12:01 pm – Reply
    Don’t like it? Get the fuck out of Arizona then. Go to one of the hippy child molesting states then. We don’t want nambla enablers here.

    1. A troll?

      Right here in the United States of America?!

      1. They’ll let anyone in these days.

    2. Hey Jimbo, are you in any way responsible for that Hentai Bot that been peddling its wares in the comments? I thought it might be straffinrun, but he’s been too busy posting some Nipponised ASMR about fruit and pencils.

    3. That has to be sarcasm.

    4. These kinds of people will be the last ones to the train station and they will look around and wonder why nobody else is around anymore.

  15. *scratches Arizona off list of future residency*

    1. 50 laboratories of innovation are really nothing more than 50 different freak shows, each appealing in its own way to its particular brand of freak

    2. Once your kids are grown up man. Well, as long as you’re not Mexican in Phoenix. That shit’s a legit crime there.

  16. So, these are the people who are so fucking brilliant that the rest of us should willingly submit to having them run our lives? People who have no idea that you have to wipe a baby’s ass after you change his shit-filled diaper?

    Oh, you say they’re not actually that stupid? Then why are they doing this? They’re either stupid or they’re seriously evil; which is it?

    1. They can be both evil and stupid, Sandwich. Why would you think the two are mutually exclusive?

      But otherwise I agree, it has to be one or the other, if not both.

      But in truth I’m going with stupid.

    2. Why not both? I’m sure there are members of the Stupid Party as well as the Evil Party behind this. Bipartisan.

  17. Wife: “John, you have to work to repeal that law! It’s awful! They’re accusing your son of molestation!”
    John: Well maybe he is a molester! Ever think of that?
    Wife: He’s your son! You know him! Do you believe that?
    John: Of course not. But I trust the prosecutor…and the law…and…
    Wife: Oh, shut up you buffoon and repeal it before it destroys us! Our communities!
    John: Right. Right. Are you sure he isn’t a molester though?

  18. Let’s find out which AZ legislator has young diaper-aged children and catch them in the act. Then call in a tip to Sheriff Joe about the sex pervert in the McD’s family restroom.

    1. Is the legislator Latino? If not, I doubt Sheriff Joe gives a shit. Didn’t Maricopa county at one point have a gigantic backlog of actual crimes going uninvestigated because Sheriff Joe was off arresting everybody with a tan?

      1. Well, let’s see here

        This guy has young grandchildren (but holy fuck – he was only born in 1975!!)

      2. Actually, MCSD came in to the rescue of another little AZ town where their local law enforcement was actually really, no-shit, deliberately ignoring real crime to focus on ticketing people. They fired their police department and hired MCSD.

        But the Maricopa Country DA recently got disbarred because of his part colluding with Sheriff Joe in strong-arming the city and county governments.

        Arpaio is also the guy who had a deputy literally steal a document from a defense lawyer (behind her back) while in court – as the judge watched and said nothing. Then had the brass balls to not only defend his cop but told the judge to basically go fuck himself when he was ordered to apologize.

        Oh, he also raided a couple of local newspapers sans warrants.

        HOWEVER. That is all Phoenix and Maricopa. The rest of the state is nowhere near as fucked up as that.

    2. Yep. I mean, they can still probably win their court case for being a child molester once they prove to the jury they weren’t fapping. I’m sure being dragged into court in and of itself won’t have any negative repercussions for them.

    3. You don’t need to catch them in the act. If they have a child, circumstantially they must have changed a diaper… or bathed the child…or a gazillion other completely normal things for a parent to do.

      1. Whaddya mean the baby is clean, well-fed, and cared for? If it’s truly as you say, I certainly had nothing to do with it!

      2. Really, all they need is a confidential informant to say (not *testify*) that he observed this one time and that should be enough for a no-knock raid at 0530? Right?

  19. You know what the first good step is towards getting the citizens to accept a totalitarian regime and behave themselves? Make sure all of them are committing a felony every day and be ready to call their number when they get out of line.

    1. “There’s no way to rule innocent men. The only power any government has is to crack down on criminals. Well, when there aren’t enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. Who wants a nation of law-abiding citizens? What’s there in that for anyone? But just pass the kinds of laws that can neither be observed nor enforced nor objectively interpreted?and you create a nation of lawbreakers?and then you cash in on guilt. Now that’s the system, Mr. Rearden, that’s the game, and once you understand it, you’ll be much easier to deal with.” – from Atlas Shrugged

      1. Despite her artistic shortcomings, that woman knew of what she spoke.

      2. Discount all of the above because people who don’t like Rand or her ideas are never going to believe that she had very good insights into the future.

        1. I wonder what would happen if I posted that quote on Facederp without attribution. Will all my commie lib friends “Like” it?

          1. No, but they’ll call you a right wing nut.

          2. Yeah, because it just shows how insidious Bush and Trump were/are about making it illegal to be brown or gay in America.

        2. She came from Tzarist Russia and then her family endured the Commie takeover. She knew a great deal about fascist Communists and their Socialist brethren. Her family was middle class or as close to it as Tzarist Russia had.

          The Communists literally destroyed the middle class and the modern version, progressive and neocons, want to destroy the Constitution’s safeguards and have a police state.

  20. I presume Tony is okay with this, since Mens Rea is merely a tool for protecting corporate interests.

    1. I don’t imagine he cares much for “breeders” anyway. Stupid Gaia despoilers!

  21. RE: In Arizona, Parents Could Go to Jail for Changing Their Kids’ Diapers
    Defendants have to prove the contact was non-sexual

    Yes, parents should go to jail for changing their child’s diapers. That is because they don’t have a license to perform such an tricky operation on the most innocent among us. Changing a baby’s diapers takes years of training, and, if not performed correctly, the child will could contract cancer, become physically disabled, autistic, or starting mainlining heroin in their crib. Plus, did the parents get written permission from said infant to change the diaper? I thought not. How presumptuous it was for the couple to just assume the baby’s diaper needed changing just because the urchin started to cry. Doing before asking. Talk about rude! Arizona should be rightfully praised for ensuring the unlicensed parents will be marched off to the local gulag for performing such a dastardly deed on a poor, defenseless child.

    1. Just admit it in a confession session. You’re Big Brother’s pervy brother.

    2. there’s something to be said for requiring some form of parental training before delivery of the child, but better yet to prevent some from ever breeding in the first place. /sarc or is it?

      1. They could start by volunteering themselves for castration.

    3. Don’t forget the minimum $1500.00 licensing fee needed to prop up the governmental graft properly assure the safety of the child.

      1. Curtis701,

        Please forgive me for the omission.
        Plus, don’t you think %1,500 is a bit low?
        I think it should be at least $5,000 and even more in Kalifornia, NY, NJ, Illinois and other progressive states.
        I mean, there might be some government apparatchiks out there that won’t be able to pay for their third luxury home, their fourth Mercedes or another first class flight on their European vacation if we don’t raise the licensing fee.
        You really don’t want that on your conscience, do you?

        1. I agree that $1,500.00 seems a bit low. I was taking into account the impact on the cost of daycare, nannies, et cetera from too high a fee, and how that would trickle down (up?) to the government apparatchiks who use their services. Having said that, I think you are on to something. A minimum of $5,000.00 it is!

  22. Mens rea? Who needs it. It’s for the children, and you don’t hate children, do you? So what if a few ‘supposedly” innocent people have their lives ruined, we [the State] must protect the children at all costs.

    Holy Baby Shit Batman, they say I abused my daughters for giving them baths.

    1. Well dude, you’re not supposed to be in the bath *with* them.

  23. Are you now or have you ever changed a diaper? Then we’ve got you.

    I am not, and I have not. You don’t have me!

    BOOM!

    1. So you are summarily executed [assuming BOOM is a gunshot] for having the gall to put yourself beyond their reach. That is probably a crime in itself: resisting the collective good and opposing the State [two crimes, actually].

    2. Well, we might not be able to get you for molesting a child, but we can get you for child neglect! BOOM, indeed.

    3. I’m sure you’ve picked up a baby/toddler and accidentally touched her bottom or chest. BOOM!

    4. So you make your wife change all the diapers? You misogynist piece of shot, get in the car to demisogynization camp!

    5. You thought and talked about changing a baby’s diaper. BOOM!

  24. Trusting Arizona prosecutors not to abuse discretion is like trusting my poorly-trained stubborn French bulldog to not eat a hot dog that’s fallen in front of her face.

  25. That raises another interesting question. How long before all of the pediatricians leave Arizona?

    1. And midwives. And nurses. And ARNPs. Not to mention all those au pairs that are all the rage lately.

      1. Everybody knows the au pair is not there to touch the *child*.

    2. Actually, medical providers get informed consent, so they should be good.

      Oh, wait, for kids, they get it from the parents! So now, the parents and the providers will be guilty of conspiracy to engage in human trafficking!

      In all seriousness, I won’t be surprised to see this decision used in malpractice lawsuits.

      1. Plus, medical providers are mandatory reporters, so they have to tell on the parents and themselves. BOOM!

  26. SheriffJoe Arpaio: does this brown person over there have a child with them? Ma’am, when was the last time you changed this baby’s diaper?
    Woman: why, just an hour ago, sir.
    Sheriff Joe: so your admit to be a sexually predator! Your under arrest, scumbag!

    Nope, no way this will be abused.

  27. Off-topic sort of funny Arizona story.

    I was driving cross-country and I crossed the border into Arizona. I didn’t have cell reception because the state consists mostly of “middle of fucking nowhere” and I asked somebody what time it was (because AZ is the only state that doesn’t go along with the rest of the country on daylight savings time because… who the fuck knows!).

    Response: “God’s time.”

    Me: “Um, great. Thanks!”

    I high-tailed it as fast as I could out of that state.

    1. The only time I ever willingly visited AZ was to visit a friend who was dying. Hope to never go there again. Ever.

      1. The Painted Desert is amazing. I really wish it could just be annexed by New Mexico or Utah.

    2. I like the desert actually. They’ve got some decent national parks.

      1. NM is way better, and their politics don’t suck nearly as much.

        1. Better is debatable, but their politics are everything AZ politics are coupled with being a free-fire zone for cops and extra colonoscopies.

        2. I’ve never been to NM. Truth be told whenever I’ve been in the southwest I’ve generally avoided contact with people. I go there for the wildlife and landscape.

    3. the only state that doesn’t go along with the rest of the country on daylight savings time because… who the fuck knows!

      Because DST is complete bullshit and we can’t be bothered to change clock just because The Man says to. You go ahead and bow down to the diktats of the state.

      1. Agreed that it’s total bullshit. But it’s bullshit followed by every other state in the Union; being contradictory is even more bullshitty.

        1. This is definitely in the top 100 Dumbest Things I’ve Ever Read On Reason.

  28. REASON doesn’t mention that Clint Bollick, founder of INSTITUTE FOR JUSTICE, and recently appointed to the AZ Supreme court, JOINED IN THIS TERRIBLE DECISION!

    1. I have nothing snarky or witty to say to this. That is just sad.

      1. That is unbelievable. Do the lobotomies come with the appointment?

    2. He should know better. Maybe I’ll Tweet @ him @lawyer4liberty

  29. We cannot and will not assume that the state will improperly prosecute persons who…engaged in reasonable, acceptable, and commonly permitted activities involving children.

    I somehow suspect there are a number of cases where the state is happy to prosecute someone engaged in reasonable, acceptable, and commonly permitted activities. Drugs that are legal in some states and not Arizona come to mind.

    I don’t think they get to say “drugs are different, they’re illegal here.”

    Because so is diaper changing.

  30. Triple fuck Arizona sideways, the fascists. My nephew did 4 years hard time for doinking some girl. He was 3 days past his 21st birthday, and she was two weeks short of 16, so he goes to prison and is now a sexual predator who has to tell the state wherever he goes for more than a few days. Kill them all.

  31. I tried to read the opinion itself, but it was kind of a maze of logic that I couldn’t really follow. I think they were trying to say something like “legislature says sexual motives aren’t relevant. Defendant can engage ‘affirmative defense’, but in doing so put a burden of proof upon himself. Affirmative defense requires proof by preponderance of evidence. Jury in Holle case did not buy affirmative defense, found Holle guilty. We’re not going to question the notion of ‘affirmative defense’.”

    It sounds like they didn’t even address the law itself, that is so vague.

    1. Well, which is it. Are sexual motives irrelevant, or does their absence provide an affirmative defense?

      Can’t have it both ways, you know.

      1. They said the presumption is that touching those parts is for a sexual motive, and that you’d need to prove by a preponderance of the evidence that it isn’t…& how do you do that?

        The only description of the actual facts of the case came near the end. Granddaughter asked Grampa what “humping” was, and he demonstrated (through his clothes). Another time she undressed & took a running jump at him, he caught her, and kissed her on or near a breast. The statement is made that if he had no sexual interest in doing that, why had he never done it with a grandson?

  32. Trying to think of something witty and quippy to Tweet at that one traitor “Let freedom ring” noted above. Any ideas? Like, something real, guys. Something that will make him feel little.

    1. “Fuck you in the ass with a Saguaro cactus.” See it’s an Arizona themed insult.

  33. You know who else would not assume that the state would improperly prosecute persons?

    1. Loretta Lynch?

  34. Every new father in AZ needs to have a copy of the law and court ruling… No more bullshit excuses why he can’t change a diaper. Now they have an honest to god legal case against it…

  35. Time to start calling it Jury Doodie

  36. This society is seriously fucked up. Every allegation of a sexual crime is met with a hysterical and pathological overreaction. Even if a crime occurred, the reaction or condemnation is horrendously disproportionate. College men are presumed guilty and expelled for rape or even “unwanted sexual contact” without a shred of evidence or even exculpatory evidence. Normal consensual sexual interaction is treated as a crime. Men are routinely prosecuted and convicted for rape without any concrete evidence. Advice to women on how to lower their risk of rape is condemned as victim blaming. Teenagers are convicted as sex offenders for simply sending or receiving photos or engaging in normal teenage sexuality. Sex offenders are effectively ostracized from society no matter how trivial or questionable their crime. Even those tangentially connected to a sex offense (the JoePa/PSU case for example) are condemned. Channeling their inner sociopath, people routinely express a desire to commit murder or mutilation against those accused of sex crimes. Even victims or alleged victims seem to revel in their victim hood rather than trying to heal and go on with their lives.

    Now this shit.

    We don’t have a “rape crisis.” We have a “fucked up sexually uptight whiny bitch society crisis.”

    1. America declared war on drugs.

      Drugs are winning.

      America declared war on terror.

      Terror is winning.

      America declared war on pedophiles.

      Pedophiles are winning.

      1. America declared war on tyranny.

        Tyranny is winning.

  37. this should be appealed to SCOTUS as a civil rights case… violating our constitutioinal presumption of innocence until PROVEN otherwise.

    If Dad is minding his 10 month old Daughter’s nappies and no one is there to observe/videotape the “incident”,. HOW can the state bring a case with no witnesses?

    This case/decision makes the State of Arizona that much scarier to live in. Their CPS are already amongst the scariest in the nation.

    1. Keeping a video of the incident to prove one’s innocence is an even more serious crime, punishable by up to 300 years in prison under Federal law. Per video.

  38. So, what, clean your infants genitals after he/she has soiled his/her diaper to avoiud the possibility of a serious infection, or just slap a diaper on over all the shit and piss and ecoli etc and avoid prosecution as a perv.

    What a fucking choice the puritans have left us.

  39. EMT are going to get a lot of calls for Tidy Whitey service.

    In the Progressive State, all your children belong to us.

  40. Oh there’s nothing to see here, move along, if you are not a criminal you have nothing to fear….no worries

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  42. Here’s the solution: ask those justices in the majority how many have changed a diaper. If they have, charge them with child molestation. If they haven’t, charge them with child neglect (allowing a baby to stay for an extended period in a soiled diaper). Then feed the story to the local media.

    It won’t really matter whether the charges stick or not, or even whether any of them actually get convicted. As the article notes: “by the time you’re charged with child molesting it’s going to ruin your life”.

  43. “[W]e’ll never see those cases”…an interesting extension of Bastiat’s “That Which is Seen, and That Which is Not Seen” beyond the economic into the legal realm.

  44. “The state no longer has to demonstrate that the contact was non-sexual?the accused party has to prove that.” Shouldn’t that be “The state no longer has to demonstrate that the contact was sexual?the accused party has to prove that it was not.”?

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