You are here:

Criminal Law/CAN YOU BECOME A SEX OFFENDER IN NY OVER A KISS

Advertisement

Expert: - 6/6/2008


Question
I HAVE A BOYFRIEND HE IS LISTED AS A (level 1) sex offender. we live in upstate new york. my boyfriend when he was 18 he got charged with SEXUAL ABUSE IN THE 3RD DEGREE. the description of the crime only says ( 14yr old female, acutal sexual contact, non stranger) he told me that he got charged of ONLY KISSING  the 14 year old girl. is that possible to be charge of only (1) kiss? what DOES (actual sexual contact mean? i dont want to no what sexual contact mean what does acutal mean ?

And if he is lieing about what he really did. Am i able to find out what exactly happened? am i able to obtain the report of the crime and the statement that the 14 girl wrote about what happened to her and am i able to obtain the statment he wrote about what happened between him and the 14 yr old girl??i just had a 2 month little girl i was also wondering if i should have concerns with him being around her because of his sex offender statis.


i want to no the whole that had happened between them two. he is my boyfriend cant he get in trouble for not telling me?

Answer
Ashley,

   You asked me this same question ysterday.  I will try to explain it again.

   There are fifty states.  Each state has its own laws.  I know what "sexual contact" means in MY state but the definitition is not necessarily the same as in YOUR state.  So it would do you no good to know what the law is in MY state because you would apply it to YOUR state and it would confuse you.

  Since you are not the defendant I doubt seriously that you are able to obtain anything in the discovery process.  You have no legal standing whatsoever.  If you are asking me if he legally has to tell you the details of the crime the answer is NO.  

   Yesterday I suggested that you meet with the investigator and perhaps he will be candid enough to tell you what happened.  

    But either way what is your boyfriend, who I assume is an adult, doing getting involved with a fourteen year old?  Maybe he is the one who needs to tell you the trugh?

Criminal Law

All Answers

Answers by Expert:

Ask Experts

Volunteer

Jack Toomey

Expertise

Please do not ask me about potential jail sentences that you, your friends, or family might receive in court. There is no way for me to know that. Only a judge could answer a question like that. I am also NOT a probation officer or parole officer so I cannot answer questions that relate to parole or probation. Also please keep in mind that every state has different laws. If you are planning to ask a question about a specific law or criminal charge that pertains to your state only it could be difficult to answer. I also cannot give you legal advice on what to do or what not to do in court. Retired police officer with 26 years experience. Worked in the patrol division as well as over 14 years in the detective bureau. Investigated a wide range of crime such as murder, rape, robbery, theft, fraud, missing persons, and other very sensitive crimes. I am available to answer your questions about criminal law and especially as it applies to police work. I taught at the police academy for several years and am especially knowledgeable about search and seizure. Any question about criminal law is welcome! Please don't ask me to do your homework or ask me questions that obviously come from your teachers or professors. I also do not do online interviews or surveys. Young people need to gain face to face interviewing skills. Local police officers usually are very agreeable to assist in these assignments.

Experience

I am a retired police officer with 26 years experience. I investigated almost every type of crime including murder, rape, theft, missing persons, fraud, and domestic abuse. I am very knowledgeable about search and seizure and taught at the police academy for several years on a variety of subjects. I can answer questions that a lot of attorneys cannot since they do not have "street experience".

Education/Credentials
Bachelor of Science degree in Criminolgy from the University of Maryland.

©2012 About.com, a part of The New York Times Company. All rights reserved.