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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 101551
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Is carrying out a foot fetish with a minor considered sexual

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Is carrying out a foot fetish with a minor considered sexual intentions and punishable by law?
Hello, my name is Ely. I am here to help you. There may be a slight delay between your follow ups and my replies as I type out a reply. Please note: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not to tell you what you necessarily wish to hear.

This depends on:

-how old the minor is,
-what state was this in,
-how old is the alleged perpetrator,
-was the minor contacted via the internet; and
-what exactly happened?

The reason I ask all these questions is because every law, as well as the federal government, has different laws when it comes to sexual contact with minor, who is is minor, and "luring" a minor over the internet, as well as defining what sexual contact is. So I need to know all this information to ascertain if this may be criminally actionable.

This not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. I look forward to helping you.
Customer: replied 4 years ago.
did you receive my reply?
I did not. Can you please try again?
Customer: replied 4 years ago.
I sent it a second time...
Hello,

I am not getting your response. So far, I have received:

8/2/2012 at 11:07 AM CST: "did you receive my reply?"

8/2/2012 at 11:14 AM CST: "I sent it a second time..."
Customer: replied 4 years ago.
I am the district supervisor for my denomination in the southeast. This accusation was received yesterday in regards XXXXX XXXXX worship leader in Alabama. It came from his estranged wife and occurred with her daughter/his step-daughter.

The girl is 10 and he is in his 30's. She isn't sure if he actually touched his genitals with her foot, she was afraid to look. He did fondle her feet, lick them and play with them in a sexual nature.


The mother told me that this particular fetish was common with him and both with her and his ex-wife was definitely sexual in nature. That's why she knew what was going on. She discovered that it happened several times before as well.
Thank you - I am working on your answer now and it may take a few minutes to type out.
This falls under Alabama law, since this occurred in Alabama.

Definitions
Under Section 13A-6-60, the definitions are as follows:

(2) DEVIATE SEXUAL INTERCOURSE. Any act of sexual gratification between persons not married to each other involving the sex organs of one person and the mouth or anus of another.

(3) SEXUAL CONTACT. Any touching of the sexual or other intimate parts of a person not married to the actor, done for the purpose of gratifying the sexual desire of either party.

So while this is not sexual intercourse per se, this falls under such parameters, arguably. But how do these fall into actual criminal actions?

Criminal Conduct
Under Section 13A-6-65, (a) A person commits the crime of sexual misconduct if: (3) He or she engages in deviate sexual intercourse with another person [who is a minor].

Under Section 13A-6-66, (a) A person commits the crime of sexual abuse in the first degree if: (2) He subjects another person to sexual contact who is incapable of consent by reason of being physically helpless or mentally incapacitated.

Under Section 13A-6-67, (a) A person commits the crime of sexual abuse in the second degree if: (1) He subjects another person to sexual contact who is incapable of consent by reason of some factor other than being less than 16 years old.

Under Section 13A-6-68, (a) A person commits the crime of indecent exposure if, with intent to arouse or gratify sexual desire of himself or of any person other than his spouse, he exposes his genitals under circumstances in which he knows his conduct is likely to cause affront or alarm in any public place or on the private premises of another or so near thereto as to be seen from such private premises.

Under Section 13A-6-69.1, (a) A person commits the crime of sexual abuse of a child less than 12 years old if he or she, being 16 years old or older, subjects another person who is less than 12 years old to sexual contact.

Punishment
If he is found guilty of any of these, the punishment ranges from a B Felony (2-20 years in the state penitentiary and a fine not to exceed $30,000) to a Class A Misdemeanor (up to one year in the state penitentiary and a fine not to exceed $6,000)

Ergo, what he did was arguably criminal... of course, the choice is yours in regards XXXXX XXXXX you wish to do.

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Ely and 5 other Criminal Law Specialists are ready to help you
Customer: replied 4 years ago.
Thanks!
You are quite welcome. Good luck.