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can a man who is 24 get in trouble because of masturbating

Resolved Question:

can a man who is 24 get in trouble because of masturbating a patient he took care of one time when he was 16?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  John Legal replied 4 years ago.

Thanks for asking Just Answer:

 

If the patient was 16 then, yes. here is the New York state statute on sodomy:

 

S 130.40 Sodomy in the third degree.
A person is guilty of sodomy in the third degree when: 1. He or she engages in deviate sexual intercourse with a person who
is incapable of consent by reason of some factor other than being less than seventeen years old; 2. Being twenty-one years old or more, he or she engages in deviate sexual intercourse with a person less than seventeen years old; or 3. He or she engages in deviate sexual intercourse with another person without such person`s consent where such lack of consent is by reason of some factor other than incapacity to consent. Sodomy in the third degree is a class E felony.

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Customer: replied 4 years ago.
I'm sorry I miss typed. The patient was a older incapacitated person and the healthcare worker was 16.
Expert:  Cowgirl Lawyer replied 4 years ago.
HelloCustomer

I note that John Wills has opted out. I will try to assist you.

In order to answer your question, I need more information. It would be helpful to know:

1) Was the healthcare worker prosecuted as juvenile at the time? OR

2) Is there a concern that he still might be prosecuted?

3) If so, were any complaints made or police reports filed around the time of the incident?

Thanks!

Gloria M

Please be aware that my answer is not legal advice, it is merely informational and educational. This public forum is designed to provide only general information, to give you a basis of legal knowledge. This public forum does not give you attorney-client privilege. You and I have not entered into an attorney-client relationship. I am not responsible for your legal rights. You should consult with an attorney in your area for specific advice relevant to your situation.

Customer: replied 4 years ago.
No no complaints were filed and no one knew about the incident. Until it was mentioned by the employee who confessed to a friend.
Expert:  Cowgirl Lawyer replied 4 years ago.
HelloCustomer

While it is sometimes possible to prosecute a defendant some years after the incident based upon a confession, there generally needs to be some corroborating evidence, whether testimony from the victim, DNA evidence, etc.

In your case, since it has been about 8 years since the incident, you have the protection of the statute of limitations, which for felonies is generally 5 years from the date of the incident.

Therefore, prosecution is unlikely.

I will be happy to clarify my answer if you need me to do so, or give you further explanation if you need me to do so.

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Next time you visit Just Answer, please ask for me by name by starting your question with "For Gloria M."

Good luck and best wishes!

Gloria M

Please be aware that my answer is not legal advice, it is merely informational and educational. This public forum is designed to provide only general information, to give you a basis of legal knowledge. This public forum does not give you attorney-client privilege. You and I have not entered into an attorney-client relationship. I am not responsible for your legal rights. You should consult with an attorney in your area for specific advice relevant to your situation.






Cowgirl Lawyer, Lawyer
Category: Criminal Law
Satisfied Customers: 1422
Experience: Attorney for 22 years, criminal defense, from misdemeanors to murder, trials and appeals.
Cowgirl Lawyer and 2 other Criminal Law Specialists are ready to help you

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