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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