Court: Man can't be convicted for tricking guys into stripping

[matcom]

<snip>

Indiana's criminal confinement law is too vague to allow the conviction of a man who tricked men into stripping by posing as a radio disc jockey, the Indiana Court of Appeals unanimously ruled Wednesday.

The court set aside Richard C. Brown's March 2005 convictions on three counts of criminal confinement but upheld his three convictions for identity deception. The three-judge panel sent the case back to Marion Superior Court for re-sentencing.

Brown was sentenced to five years in prison, plus three years suspended, after his trial in 2005.

Brown was on house arrest for criminal confinement in July 2004 when he phoned victims and posed as a WNOU-FM (Radio Now) disc jockey holding a contest with a prize of $50,000 cash or a car, according to court records.

Three men came to Brown's home. Two undressed, but the third noticed Brown's home detention ankle bracelet and left. He called the radio station, which notified police.

The Court of Appeals agreed with Brown's contention that the wording of Indiana's law does not make it clear that his behavior constituted criminal confinement, because no force was used.

Judge Terry Crone wrote that the vagueness of the language conceivably could make it a crime to trick someone into going to a surprise birthday party.

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