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Dad Jailed for Facebook Duct Tape Pic of Daughter

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By Andrew Chow, Esq. on December 21, 2011 3:58 PM

A Chicago father's apparent idea of a social media joke has landed him in jail. Andre Curry posted a photo of his 22-month-old daughter on Facebook, duct-taped and bound. He now faces a charge of aggravated battery.

Andre Curry, 21, took the Facebook duct tape photo after babysitting his daughter Dec. 13, the Chicago Sun-Times reports. He also posted a misspelled caption: "This is wut happens wen my baby hits me back. ;)"

The picture and the caption were taken down from the site -- but not before Curry's Facebook duct tape pic spread around the Internet. Police and the Illinois Department of Family Services began to investigate.

Andre Curry's lawyer says the incident has been blown out of proportion. Curry's grandmother agreed, telling the Sun-Times that Curry is a good father, and dismissing the Facebook duct tape photo as a joke.

"He's a big jokester. He's always laughing," Curry's grandmother said, adding, "He feels awful. He said he wishes he could take it back."

Though media reports and prosecutors have referred to the tape as "duct tape," a police report reveals it was actually painter's tape.

Regardless, a judge ruled Wednesday that Andre Curry can no longer have contact with his daughter or anyone under 18 until his battery case is resolved.

The charge of aggravated battery requires an intentional, unwanted touching that is harmful or offensive. Possible defenses include self-defense and consent.

Penalties for battery vary widely in different jurisdictions. A judge often considers a violator's criminal history and past violent acts in handing down a sentence.

Aside from a misdemeanor conviction for a license plate violation, Andre Curry has no criminal history, the Sun-Times reports. That should work in Curry's favor if he's convicted for his Facebook duct tape photo. He's being held in lieu of $100,000 bail.

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