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To: nicmarlo

"An illegal alien who raped a baby gets to plea and a deal.

When do American children get the "deal" to be protected from illegals?"

If you or I did this, we would do a min. 10 years!!


41 posted on 05/06/2006 9:28:08 AM PDT by stephenjohnbanker (Immigration: Acting like dupes does not earn us their respect, but their CONTEMPT.))
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To: stephenjohnbanker

This is not justice. This is an outrage.


42 posted on 05/06/2006 9:37:33 AM PDT by nicmarlo (Bush is the Best President Ever. Rah. Rah.)
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To: stephenjohnbanker
Seems appropriate to insert this research on the Pennsylvania law involved at this point:

The offenses that Mr. ILLEGAL ALIEN is being allowed to plea to:

§ 3122.1. Statutory sexual assault.
Except as provided in section 3121 (relating to rape), a person commits a felony of the second degree when that person engages in sexual intercourse with a complainant under the age of 16 years and that person is four or more years older than the complainant and the complainant and the person are not married to each other.

§ 3125. Aggravated indecent assault.
Except as provided in sections 3121 (relating to rape), 3122.1 (relating to statutory sexual assault), 3123 (relating to involuntary deviate sexual intercourse) and 3124.1 (relating to sexual assault), a person who engages in penetration, however slight, of the genitals or anus of a complainant with a part of the person's body for any purpose other than good faith medical, hygienic or law enforcement procedures commits aggravated indecent assault, a felony of the second degree, if:

1. the person does so without the complainant's consent;
2. the person does so by forcible compulsion;
3. the person does so by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution;
4. the complainant is unconscious or the person knows that the complainant is unaware that the penetration is occurring;
5. the person has substantially impaired the complainant's power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance;
6. the complainant suffers from a mental disability which renders him or her incapable of consent;
7. the complainant is less than 13 years of age; or
8. the complainant is less than 16 years of age and the person is four or more years older than the complainant and the complainant and the person are not married to each other.

Basic Felony Statute


§ 1103. Sentence of imprisonment for felony.
Except as provided in 42 Pa.C.S. § 9714 (relating to sentences for second and subsequent offenses), a person who has been convicted of a felony may be sentenced to imprisonment as follows:
1. In the case of a felony of the first degree, for a term which shall be fixed by the court at not more than 20 years.
2. In the case of a felony of the second degree, for a term which shall be fixed by the court at not more than ten years.
3. In the case of a felony of the third degree, for a term which shall be fixed by the court at not more than seven years.

So at this point, it seems like Mr. ILLEGAL ALIEN is liable to a maximum sentence of 20 years if the sentences for the two offenses run consecutively (one after the other). But wait.

Web paging to the appropriate sections of Title 18 (Crimes)Section XX (Dispositions of Offenses) and Title 204 Part VIII (PA Supreme Court Sentencing Guidelines) reveals that Mr. ILLEGAL ALIEN could spend as little as 22 months in a state boot camp (unlikely) and as much as 25 years in prison ( with multiple prior violent crime felony convictions).

Assuming that he has no prior felony convictions IN THIS COUNTRY and he draws the maximum sentence with aggravating factors and serves them consecutively, Mr. ILLEGAL ALIEN will serve 8.5 years in a state prison.

Then he will be deported. Hopefully the border will be more secure the next time he tries to cross.
58 posted on 05/06/2006 11:04:49 AM PDT by Captain Rhino (If you will just abandon logic, these things will make a lot more sense!)
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