We have previously seen the trend of people who post on sites like Facebook and then find the postings used as evidence against them. The latest is Andre Curry, 21, who was charged Tuesday with aggravated domestic battery after he posted a photo of his 1-year-old daughter bound in duct tape on Facebook.
I am in Chicago for the holiday and this is big news here after an outcry to find the person.
Curry allegedly posted the picture with the photo read, “This is wut happens wen my baby hits me back.”
Police have been looking for Curry since December 14th.
The charge would suggest that the police believe they have enough for the higher felony.
Under Illinois law, the base offense is defined:
Sec. 12‑3.2. Domestic battery.
(a) A person commits domestic battery if he or she knowingly without legal justification by any means:
(1) Causes bodily harm to any family or household
(2) Makes physical contact of an insulting or
provoking nature with any family or household member.
The aggravated battery provision has an interesting use of strangulation as the distinguishing element:
§ 12-3.3. Aggravated domestic battery.
(a) A person who, in committing a domestic battery, intentionally or knowingly causes great bodily harm, or permanent disability or disfigurement commits aggravated domestic battery.
(a-5) A person who, in committing a domestic battery, strangles another individual commits aggravated domestic battery. For the purposes of this subsection (a-5), “strangle” means intentionally impeding the normal breathing or circulation of the blood of an individual by applying pressure on the throat or neck of that individual or by blocking the nose or mouth of that individual.
Blocking of the mouth is treated as strangulation.
Curry’s most obvious defense would be that this was a joke and done with the consent of the child without harm — thus does not satisfy the base offense definition.
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32 thoughts on “Facebook Felon: Chicago Man Charges After Posting Picture of Bound Child”
Has anyone read up on this Project Blue Beam stuff? It seems a little too strange to believe.
“Curry’s most obvious defense would be that this was a joke and done with the consent of the child without harm ” What an unbelievably dumb statement!
A child of 12 (or 22 )months is unable to consent to anything. “Consent” implies the ability to understand the potential ramifications of agreement,,which an infant obviously does not have. Consent also implies volition, and a child of one or two– who is completely dependent on the adult(s) in his or her life for survival– has no “volition.” He or she is helpless, vulnerable and submissive by definition.
Lastly, the act of binding and gagging a child is inherently harmful. If Mr. Turley does not understand that then perhaps I need to unsubscribe from this blog.
It’s a real shame.
Andre just lost two great people for his jury.
Part of my famous Christmas spirit … 👿
“Are we at it again with the fake/hypocrite/exaggerated outrage over child abuse… Can we come to grips with the fact that child abuse is as common as coca cola? Over 90% punish their kids with physical/psychological pain. Not saying it’s all fine and dandy… but pleaaaase, don’t overact your being shocked by this.”
There was a story on here of a woman who suffocated to death after her fiance gagged just her mouth. Did you not read the Professor’s comments this type of abuse is considered aggravated domestic abuse for a reason. Also I do not condone abuse of any sort save maybe in extreme cases like smacking a kid to make sure he/she doesn’t run into the street.Smacking the same kid for disagreeing with you is a whole different ball game.
Uhhh 1 year old is 22 months. Also, the pic is from NBC and it is an exact copy. Please allow the big boys to criticize the Professor and shut your mouth until you have something intelligent to say.
Hey Turley, why are you posting a photoshopped pic that have removed the lower legs in order to make the child look smaller? Is it because you intentionally misreport the age at 1 year, when it is actually 22 months?
What kind of reaction are you hoping for, maybe the one you got by misrepresenting these details, and in the original photo where the face is not smudged, the child is not showing any signs of discomfort at all. This was not funny, and not forgivable, but you have a duty to report correct details, and you’ve been caught in a lie.
I am actually shocked that a parent would put duct tape on their childs mouth and hands and put them in a dark closet at that age.
I dont know what kind of kinky shit you are involved in and dont want to know, but beating children with belts or sticks or whatever is handy is not practiced by 90% of people nor is locking up a toddler with duct tape on her face and hands in a dark closet.
You can post videos to make excuses for your behaviour all day long but what you do isnt right and you need to get help if not for your sake at least for your childs sake.
BelgianBrain: “Can we come to grips with the fact that child abuse is as common as coca cola?”
I agree with you. The level of child abuse (and abuse of women) in this country and world-wide is crushing to even contemplate. Still, I think it’s a healthy response that people are outraged when an instance of it is brought to light and a name and face is put on it. The people on this blawg are universally shocked when the issue comes up and that’s a good barometer to the general mental health of the folks hereon – visceral revulsion in some matters is a positive sign. That it’s over such a common act doesn’t diminish the inherent virtue of the emotional response.
As to the video you posted, I think the mother should do time in the cell next to the judge. While I didn’t mention it in my first posting regarding the instant case, I wondered where the mother was while this was happening and if she was complicit, by silence if nothing else. If so, I’d be up for charges being filed against both of them.
Hoosierlaw; OK, I think you’re right, a bench trial or plea deal would be a gift from heaven for this guy. I guess we both made your point. Happy to be of service 🙂
Blouise, OMG! That’s totally evil, mean and vicious – can I watch? Can I help? Please, please, please, please? 🙂 I like the way you think.
Bron, “this is attempted murder in my book”.
Are we at it again with the fake/hypocrite/exaggerated outrage over child abuse… Can we come to grips with the fact that child abuse is as common as coca cola? Over 90% punish their kids with physical/psychological pain. Not saying it’s all fine and dandy… but pleaaaase, don’t overact your being shocked by this.
Lottakatz: “Show that picture and message to 12 normal people and that “father” goes to jail, period.”
Exactly my point about this not going in front of a jury. This case is cut and dry legally, but would lead to an outcome based solely on emotion. I’m not sure if IL has any special requirements for one, but these circumstances are textbook bench trial fodder.
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