Jacquelinemcneal1 PA260 Unit 9 Final Project
Making the Amber Alert
Jacqueline McNealy
Kaplan University
Authors Note:
This paper was prepared for Criminal Law, Section 2,
Instructed by Stacey Callaway.
In 1996, a 9 year old girl, Amber Hagerman was riding her bike around the neighborhood when a neighbor heard her scream. The neighbor witnessed the little girl being pulled off her bike, by a man, and thrown into a pickup truck. The neighbor called the police, and Amber’s brother went home and notified their parents. After contacting a man who had a similar event happen to his daughter, the family began contacting the media and the FBI. Neighbors, friends and family began searching for Amber, and after the media aired information about her case, most in Arlington, Texas knew of the missing girl. Four days after Amber was kidnapped, a man walking his dog found Amber laying in a storm drainage ditch. After an autopsy was performed, it showed that Amber had been not only kidnapped, but also sexually assaulted then murdered. The Amber Hagerman case involves three separate crimes. According to the Texas criminal procedure and rules, the first offense is aggravated kidnapping in the first degree, as outlined in Sec 20. 04. It describes Amber’s abductor as committing the offense with intent to inflict bodily injury and abuse her sexually (State of Texas Legislation, 1995). Sec. 22.021.a.1.B outlines the crime of aggravated sexual assault if the “actor” knowingly or intentionally causes penetration with a sexual organ of a child by any means (State Of Texas Legislation, 1987). The aggravated sexual assault caused to Amber is a first degree felony act (State Of Texas Legislation, 1987). In Amber’s case, her homicide is considered a Capital Murder because it fits the criteria listed in Sec. 19.03.a.02. Capital Murder that is committed during (but not limited to) kidnapping and aggravated sexual assault is a capital felony, (State of Texas Legislation, 1974). If the criminal is not found guilty beyond a
Jacqueline McNealy
Kaplan University
Authors Note:
This paper was prepared for Criminal Law, Section 2,
Instructed by Stacey Callaway.
In 1996, a 9 year old girl, Amber Hagerman was riding her bike around the neighborhood when a neighbor heard her scream. The neighbor witnessed the little girl being pulled off her bike, by a man, and thrown into a pickup truck. The neighbor called the police, and Amber’s brother went home and notified their parents. After contacting a man who had a similar event happen to his daughter, the family began contacting the media and the FBI. Neighbors, friends and family began searching for Amber, and after the media aired information about her case, most in Arlington, Texas knew of the missing girl. Four days after Amber was kidnapped, a man walking his dog found Amber laying in a storm drainage ditch. After an autopsy was performed, it showed that Amber had been not only kidnapped, but also sexually assaulted then murdered. The Amber Hagerman case involves three separate crimes. According to the Texas criminal procedure and rules, the first offense is aggravated kidnapping in the first degree, as outlined in Sec 20. 04. It describes Amber’s abductor as committing the offense with intent to inflict bodily injury and abuse her sexually (State of Texas Legislation, 1995). Sec. 22.021.a.1.B outlines the crime of aggravated sexual assault if the “actor” knowingly or intentionally causes penetration with a sexual organ of a child by any means (State Of Texas Legislation, 1987). The aggravated sexual assault caused to Amber is a first degree felony act (State Of Texas Legislation, 1987). In Amber’s case, her homicide is considered a Capital Murder because it fits the criteria listed in Sec. 19.03.a.02. Capital Murder that is committed during (but not limited to) kidnapping and aggravated sexual assault is a capital felony, (State of Texas Legislation, 1974). If the criminal is not found guilty beyond a
References: Seybert, B. (1996). Amber Alert. Retrieved from http://www.amberalertcreator.com/ State of Texas Legislation. (1974). PENAL CODE CHAPTER 19. CRIMINAL HOMICIDE (05.19.03). Retrieved from http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.19.htm State of Texas Legislation. (1987). PENAL CODE CHAPTER 22. ASSAULTIVE OFFENSES (05.22.021). Retrieved from http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.22.htm State of Texas Legislation. (1995). PENAL CODE CHAPTER 20. KIDNAPPING, UNLAWFUL RESTRAINT, ANDSMUGGLING OF PERSONS (05. 20. 04). Retrieved from http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.20.htm The Tarrant County Observer. (2011). Amber Hagerman Case Updates « The Tarrant County Observer [Web log post]. Retrieved from https://tarrantcountyo.wordpress.com/amber-hagerman-case-updates/