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Court of Appeals panel affirms ruling of Lyon County man's commitment under as sexually violent predator

A Kansas Court of Appeals panel has has affirmed a Lyon County man's commitment under the Kansas Sexually Violent Predator Act.

 

Scott M. Arculeo was convicted in 1997 of rape, sodomy, and indecent liberties with a child under the age of 14. Prior to his release in September 2015, the state moved to have him committed under the act which a district court ruled upheld in July 2016. 

 

Arcueleo appealed on grounds that he did not consider his crimes to be of a serious or dangerous nature, even minimizing his crimes by blaming it on his diabetes. The panel noted in their ruling that Arculeo provided little insight into what might make him reoffend and showed no reasonable ability to exercise self-control.

 

As a result, they said it was reasonable for the district court to determine that the state proved beyond a reasonable doubt that Arculeo would experience serious difficulty controlling his dangerous behavior because he is a sexually violent predator.

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Last modified on Wednesday, 11 April 2018 10:13