A Winona Lake man is appealing his conviction on a child seduction charge.
David Kolbe, attorney for Steven Hagan, filed the appeal with the Indiana Court of Appeals.
Hagan waived his right to jury trial and was convicted of one count of child seduction and one count of contributing to the delinquency of a minor after a bench trial in March.
Hagan was sentenced to a year on probation.
The charges resulted from Hagan’s relationship with a 16-year-old girl.
The girl had been a frequent guest of Hagan and at some point he began a romantic relationship with the girl.
While 16 is the age of consent under state law, a person can still be convicted of child seduction if that person is a custodian of the minor.
Prosecutors also allege Hagan convinced the girl to run away from home.
Kolbe argues the state did not have sufficient evidence to show Hagan was a custodian or to show Hagan convinced the girl to run away from home in April 2016.
Prior to April, the girl spent a lot of time with Hagan’s daughter and at the Hagan residence.
Hagan added the girl to his family’s YMCA account and opened a bank account for her.
Kolbe argued that is not enough to show Hagan was a guardian over the girl.
“However, those acts do not constitute objective proof that he was a ‘custodian,’” Kolbe wrote
Kolbe argues the YMCA and the bank never asked to verify the girl was a dependent of Hagan, and therefore is not evidence that Hagan has custodial authority over the girl.
Even though Hagan acted as a father figure to the girl, Kolbe argued the girl’s mother retained parental authority.
“(The mother) made clear that she was the (girl’s) responsible parent, relinquished none of the authority and held greater authority than the Hagans,” Kolbe wrote.
Kolbe also contends Hagan never encouraged the teenager to leave home. Kolbe claims the girl left her home on her own.
Hagan, who was out of town when the girl ran, encouraged the girl to return to her mother, Kolbe wrote.
Kolbe argues Hagan, out of concern for the girl’s safety, got a friend to pick her up.?The friend then put her in a hotel room until Hagan could come back in the morning and he encouraged her to go home.
Kolbe argues the state showed no evidence at trial that Hagan helped the teen run away.
The appeal will be responded to by the Indiana Office of Attorney General and decided by the appeal court at a later date.
