Legal Question in Criminal Law in New York

endangering the welfar of a child

My 17 yo son was charged with endangering because during a family picnic, he was lying on a trampoline with several young siblings and their friends, when an 11 yo girl they knew laid down next to him and tried to climb up on his chest. He helped pull her up a little and his hands ended up resting on her buttocks. Earlier in the day she had sat on the edge of the chair he was in and leaned into him, so he got up and moved with no contact at all. He texted her a few days later and asked if she was bothered by him touching her on the trampoline and she said no. In the weeks prior to the party, she had been texting him asking when he was coming up again (he lives out of town) and telling him that she wants to see him. He told her she shouldn't be texting him because of her age. Sadly, we don't have those texts saved. The only one is the one her Mom saved which he sent her after the party, which is the one she showed the police. The only reason he sent it to her was because he wanted to apologize if she felt bothered by the whole thing, even though he said it was just a stupid slip, he meant nothing by it, sexual or otherwise. She acts too old for her age but he should never have let it happen. Should he plead guilty and move on?


Asked on 7/06/08, 3:04 am

2 Answers from Attorneys
Christopher Hoyt The Law Offices of Christopher W. Hoyt

Re: endangering the welfar of a child

He should speak to a lawyer. This is not the type of thing you plead guilty to without having an attorney.

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Answered on 7/06/08, 1:27 pm
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: endangering the welfar of a child

He absolutely should not plead guilty cavalierly. Speak to a lawyer and hire the best one you can find. If he just pleads guilty it will follow him around for a long long time.

I assume based on the discussion that he is charged with a misdemeanor and he is a mandatory youthful offender. If so he has nothing to lose and everything to gain by going to trial if necessary to clear his name.

One more thing, some text messages can be retrieved. Your lawyer can subpeona them.

Move on this quickly.

Good luck.

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Answered on 7/06/08, 9:02 pm


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