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In State v. Gans, Ohio St. Criminal law — Acts tending to cause delinquency in child — Section Where it is charged that a defendant did "act in a way tending to cause delinquency" init is not necessary, for a conviction, to establish an actual delinquency, but only that the acts of the defendant were within themselves of such a nature that they would tend housewives seeking casual sex ny freedom 14065 cause delinquency in such child, as delinquency is defined by Section State v.
Miclau, Jr. Where the parents of a female person under 16 years of age actively participate in enabling such person to enter into a marriage relationship, such adult dating gans constitutes acts tending to cause the child to become a "delinquent child" as defined by Section The defendants, appellees herein, the adoptive parents of Kay Gans who because of a finding of neglect was a ward of beautiful housewives ready nsa yonkers new york Juvenile Court, were charged with acts tending to cause delinquency in Kay.
In October when Kay was 11 years of age, the defendants transported her, together with one Stanley Thorn, from their home in Crawford County, Ohio, to Morgantown, West Virginia, for the avowed purpose of attending a football game.
While in Morgantown the defendants accompanied Kay adult dating gans Stanley to the marriage bureau, where she, representing her age as 17 years, procured a to marry Stanley.
The defendants ed the consent to the issuance of said. Upon these facts complaints were issued, and the defendants were tried and found guilty beautiful women want nsa tuscaloosa the Juvenile Court.
Upon appeals to the Court of Appeals, the judgments were reversed and the complaints were dismissed.
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The causes are before this court pursuant to the allowance of motions to certify the records. John D. Sears, Jr. These complaints charge an offense under the provisions of Section No person shall aid, abet, induce, cause, or encourage or a ward of the court, committed to the custody of any person, department, public or private institution, to leave the custody of such person, department, public or private institution, without legal consent. Each day of such contribution to such dependency, neglect, or delinquency is a separate offense.
The first clause of the first sentence of that section was interpreted and applied by this court in the case of State v. In that case this ladies wants sex tonight blockton determined that before one may be found guilty of contributing to the delinquency of it must first be established by evidence beyond a reasonable doubt that there was some delinquency of such child which the defendant either aided, abetted, induced, caused or to which he contributed. The finding of the court in that case, however, was limited to the first clause in Section Thus, the Miclau case is not applicable online speed dating uk the facts of the instant cases, since the complaints herein are based upon the beautiful couple looking nsa anchorage alaska clause of the first sentence of Section It is apparent mingoville pa sex dating the purpose of that clause is to prevent a delinquency before it occurs rather than to await such delinquency and then punish the adult adult dating gans.
The purpose of the clause is to avoid the undesirable result which might arise if an adult is permitted to pursue a course of conduct which tends to cause to become a delinquent. It is the old theory of preventive medicine.
A disease is much easier to prevent than to cure. Under this clause in Section See Williams v. Adult dating gans of MalvernArk. OstrowskiIll. MitchellCal. The acts upon which the complaints free red bluff women looking for nsa are based are the consents of defendants to Kay's misrepresenting her age and securing a adult dating gans. It is here noted that the fact that such consents were given in a state france interracial dating than Ohio is immaterial to the charges at hand because of the facts that Free sex hookers from newark was an Ohio resident, and that she intended to remain so after her marriage.
It adult dating gans also noted that the validity of the marriage is not in question here. The sole question is whether the defendants acted "in a way tending to cause delinquency" in Kay. A delinquent child is defined by Section It is conceded that, in order for the defendants to be guilty of violations of that part of Section In its opinion in the instant cases, the Court of Appeals stated that "it will be observed that if the marriage of the minor in the instant case can be found to be an act of delinquency it must be found in subsection E of the above-quoted section [Section Although we agree whole-heartedly with the Court of Appeals that Kay did not act in austin dating ally a way that she could be found to be a "delinquent child" under the provisions of subdivision E of Section The complaints under which the defendants were dating in french and convicted by a jury are not limited to subdivision Esuprabut include only a statement of the operative facts which the state claims tended to cause delinquency in Kay.
Therefore, unless it is found that the acts of defendants did not tend to cause Kay to be a delinquent child as defined by any of the subdivisions of Section We will now proceed to examine the facts herein, in the free chat lines rosemead of the above.
It is beyond dispute that so-called "child marriages" are against the public policy of Ohio. Section The first sentence of that statute sets forth who "may be ed in marriage.
It follows that male persons under the age of 18 years and female persons under the age of 16 years and first cousins and persons having living spouses may not be ed in marriage. The second sentence of Online adult dating smartt tn sexy women In the light of the first sentence of the statute, however, it is apparent that the word, "minor," describes only those minors who may be ed in marriage upon obtaining consent, and such minors are male persons between the ages of 18 and 21 and female persons between the ages of 16 and That statute does not contemplate the ing in wives seeking sex pa lawrenceville 16929 either of any male person under 18 years of age or of any female person under 16 years of age.
In the courts below, the question was raised and dealt with extensively as to who might, should or could have given consent to Kay's marriage, adult dating gans defendants arguing that under all the facts and circumstances of the instant cases they had such a right, being her adoptive parents and one of them being her legal custodian. The state argues that only the Juvenile Court could have consented to this marriage. How can anyone consent to an act which is against public policy? Under the facts herein no one, not even the Juvenile Court, could have consented adult dating gans Kay's marriage.
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The only exception to the public policy against the marriage of male and female persons under the ages of 18 and 16, beaumont local girls, as set out hereinbefore, is set forth in Section Since there is no indication in the records of the instant cases that Kay was either pregnant or had delivered an illegitimate child at the time of her marriage, it is seen that Section The russian dating scammers for such public policy is clear.
In keeping sex dating in nanty glo the increasing complexity of our modern civilization find sex amana iowa the absolute necessity of adult dating gans certain amount of maturity and knowledge on the part of each member thereof, the General Assembly has declared that male persons under 18 and female persons under 16 do not have the maturity and knowledge requisite to the entering of the marriage relationship with a full awareness of the ensuing obligations and responsibilities to their spouses, to the society in which they would establish themselves and to the children which they would rear.
The General Assembly has declared further that, although male persons between the ages of 18 and 21 and women want nsa lewis indiana persons between the ages of 16 and 21 might have such a degree of maturity and knowledge as to be capable of creating a adult dating gans marriage relationship in which to rear children, final judgment on such matters must be made by a mature person or an institution having such right.
The court realizes that neither the physiology of man nor some of his more basic instincts have changed much since he first became identifiable as "homo sapiens. It is a matter of historic fact, however, that until a comparatively recent date the primary role played in "marriages" all over the world by the female person was solely that of consort and childbearer.
Here again it is evident that a woman may well be capable of these activities prior to reaching the age of It is also a matter of fact free adult sausalito city in many countries of the world today these traditions still persist.
It is noted, however, that, as a general rule, whenever and wherever the scope of a "wife's" activity is limited by custom, tradition or law merely to consortium and childbearing, she is looked upon as nothing much more than a chattel — a piece of personal property to be treated and dealt with as such. It is undisputable free sex dating forsyth apparent to even the casual observer that such is no longer the case in our western civilization. Here adult dating gans has won a place for herself in the eyes of both the community and the law wherein she is distinguishable from male members of the community only by virtue of physical characteristics.
She may vote, hold office, own property, initiate divorce proceedings, inherit, girls wanting free sex into contracts and, in general, engage in all those adult dating gans which were formerly restricted to male participation.
However, with this new freedom have come new responsibilities — responsibilities formerly shouldered only by male members of the community. Although it would be possible to expound at length on this particular subject, suffice it to say that education is one of such responsibilities. After providing, adult dating gans Section The General Assembly then stated, in Section A close examination of those reasons fails to disclose that marital duties, such as house cleaning, cooking, washing, caring for infants, etc. These sections of the Code exemplify another public policy of this state, which is that our free civilization in this country and in this state will maintain itself and advance free dating service ireland as its members become educated so as to be able to add their knowledge to that of their forefathers and thus progress.
We do not mean to imply that a high school education provides a modern person with world-shaking tools of knowledge such as those of the scientists who work with atomic energy. It seems beyond argument to this court, however, that who is not at least exposed to his own potentialities by a high school education that contemplated by the statutes here under consideration can hardly be expected to realize his potential either to himself or to his community, regardless of his basic or natural intelligence.
The court notes that a high school sex dating triangle is an absolute prerequisite to obtaining most jobs nowadays, and that it is sex date free memphis likely that Kay will need or want a job at sometime in the future.
These are obviously the reasons for the public policy of this state regarding compulsory school attendance, as set out in Chapter of the Revised Code, and we are in wholehearted agreement therewith. At this point it is most ificant to note that Section Although the records in these cases are silent as to whether Kay's marital duties have yet caused her truancy, this court would be remiss in its duty if adult dating gans shut its eyes to the facts granny sex dating in fountain city the duties of homemaker are strenuous, and that there is a certain adult dating gans among young married couples to propagate, neither of which activity is conducive to regular attendance at school.
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An exhibit introduced by the defendants herein is Kay's "report card" for the years and and covering her work in the fifth grade adult dating gans Saint Joseph School. In another section of the card relating to "Relations to God" and "Relations to Neighbor and Self" which contains 10 subdivisions resulting in a total places to go in houston for free 60 marks, Kay was uniformly marked "Attitudes and Habits commendable.
In still another section of the card there is a space adult dating gans indicating "Possible Causes for Deficiencies in Achievement. There were apparently no adult seeking real sex newark delaware in Kay's achievement. This is surely a "report card" of which most parents would be extremely proud. However, instead of encouraging Women want sex doniphan to continue to realize her potential, which as to their children is the natural and legally imposed duty of all parents with respect to compulsory schooling, as set out in ChapterKay's parents, the defendants herein, chose instead to encourage and actively participate in making possible her marriage — an activity which, as already indicated, would have strong propensities to render Kay incapable of continuing her school attendance, with the probable result that she would, before reaching 18, be found a delinquent child because of truancy.
This court finds, therefore, that the tendency of the acts of the defendants in consenting to Kay's misrepresenting adult looking nsa luxemburg iowa age and obtaining a marriage is to encourage actions on the part of Kay which would in all probability cause her to be found to be a delinquent child under subdivision C of Section Although this alone is sufficient to sustain the convictions below, there is yet another aspect of the acts of the defendants which would tend to cause delinquency in Kay.
Subdivision D of Section Even if we were to assume for the purpose of argument that it is not probable that Kay's schooling will be frustrated by her marriage, and were to assume that she will continue to attend school, it is at once apparent that she will, by virtue of her marriage, have certain knowledge and attitudes which will be far more mature than those of her classmates and about which most of her classmates will, if at all, only have begun to think adult dating gans. Free kittens chicago is such knowledge and attitudes that, even in more mature years, tend to keep married groups and single groups separate.
It is unfortunate but true that, milf dating in mc mechen that Kay should remain in school, the more successful her marriage would be the more it could tend to cause her to act so as to adversely affect the morals of her classmates. In conclusion, it is quite apparent that Section Children of tender years tend to be guided more by adult advice and example and by their own unformed local online dating sights than by thought and reflection.
The Juvenile Court is concerned more with correction and prevention, if at all possible, than with punishment per se. Thus, although the minor participants in "child adult dating gans are "more to be pitied than scorned," the same attitude does not hold true of adults who participate in effecting such marriages — and it is the opinion of this court that it will behoove all adults, including parents, to discourage such marriages.