06/13/08 — Man, 20, charged in teen sex case

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Man, 20, charged in teen sex case

By Nick Hiltunen
Published in News on June 13, 2008 1:49 PM

A Wayne County 20-year-old, homeless at the time of his arrest, will spend about another six months in confinement for indecent sexual liberties with a 12-year-old girl, court records show.

Bobby Allen Smith was originally charged with four counts each of first-degree statutory rape, indecent sexual liberties with a child and lewd and lascivious behavior.

"Indecent liberties," as defined by state law, is any activity with a child under 16 to arouse or gratify sexual desire.

Sheriff's Office Investigator Tammy Odom was the lead investigator to look into Smith's activity with the 12-year-old.

Through a deal with prosecutors negotiated by his attorney, Charles Gurley, Smith was charged with only the four counts of taking indecent liberties, court records show.

Those charges bring Smith 15 to 18 months jail time, with 308 days credit for time already spent in jail, according to court records.

That was after Smith and Gurley rejected another plea deal from prosecutors, who asked for 5 to 6-1/3 years in a deal turned down on May 15, records show.

Judge Jerry Braswell presided over Smith's case, in which none of the charges were shown to be sexually violent or aggravated.

With the conviction, Smith meets the criteria for being a sexual offender, and must follow the reporting requirements set out by state law.

The law requires a sexual offender to report his address and other information to the county's sheriff every year.