Thank you for your question.
First of all, please permit me to calm you down (at least a little bit)--age of consent in New York is 17. That means that if the female sticks to her story that she agreed and consented to the touching, your son did not break ANY laws when he was engaged in sexual activity with her.
Second, this is the statute that your son was charged under:
130.52 Forcible touching.
A person is guilty of forcible touching when such person
intentionally, and for no legitimate purpose, forcibly touches the
sexual or other intimate parts of another person:
1. for the purpose of degrading or abusing such person; or
2. for the purpose of gratifying the actor`s sexual desire.
For the purposes of this section, forcible touching includes the
squeezing, grabbing or pinching of such other person`s sexual or other
Forcible touching is a class A misdemeanor
In New York, a class A misdemeanor's penalties are listed below. To summarize, he has up to 1 year in jail and up to $1,000 fine. Usually a "forcible touching" penalty, even if upheld, is given simply probation, and is not usually considered a sexual registry requirement:
§ 70.15 Sentences
of imprisonment for misdemeanors and violation.
1. Class A misdemeanor. A sentence of imprisonment for a class A
misdemeanor shall be a definite sentence. When such a sentence is
imposed the term shall be fixed by the court
, and shall not exceed one
year; provided, however, that a sentence of imprisonment imposed upon a
conviction of criminal
possession of a weapon in the fourth degree as
defined in subdivision one of section 265.01 must be for a period of no
less than one year when the conviction was the result of a plea of
guilty entered in satisfaction of an indictment or any count thereof
charging the defendant with the class D violent
felony offense of
criminal possession of a weapon in the third degree as defined in
subdivision four of section 265.02, except that the court may impose any
other sentence authorized by law upon a person who has not been
previously convicted in the five years immediately preceding the
commission of the offense for a felony or a class A misdemeanor defined
in this chapter, if the court having regard to the nature and
circumstances of the crime and to the history and character of the
defendant, finds on the record that such sentence would be unduly harsh
and that the alternative sentence would be consistent with public safety
and does not deprecate the seriousness of the crime.
That is very unlikely--if your son or your attorney can get the other child to admit that she consented, then your son will not be convicted.
Edited by Dimitry Alexander Kaplun on 8/1/2010 at 8:01 PM EST