Other Criminal Charges & Offenses Child endangerment by accident

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Foster59

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New York
If an adult attached indecent(nudity) material to a file BY MISTAKE , i.e. didn't know it was attached, to a 13 year old.
Does the prosecution have to show/prove willfull intent?
Or..since the 13 year old opened and saw the attachment maybe it doesn't matter WHY/HOW..? It just matters they got it and saw it?
 
Foster59 said:
If an adult attached indecent(nudity) material to a file BY MISTAKE , i.e. didn't know it was attached, to a 13 year old.
Does the prosecution have to show/prove willfull intent?
Or..since the 13 year old opened and saw the attachment maybe it doesn't matter WHY/HOW..? It just matters they got it and saw it?
Click to expand...
Is this homework? If not, who are you in this situation?

If you are the adult in the situation, you should not be posting about your very serious criminal matter on the internet. Consult with your criminal defense attorney regarding any questions/concerns you have.
 
justblue said:
Is this homework? If not, who are you in this situation?

If you are the adult in the situation, you should not be posting about your very serious criminal matter on the internet. Consult with your criminal defense attorney regarding any questions/concerns you have.
Click to expand...

OK. I am sorry. Yes I am the adult. I thought I could get legal matters opinions on this site.

Is there a site I could get advise?

My lawyer is great. Just looking for perspective/ experience of others.

Thanks and sorry.
 
It looks like some people are getting legal opinions on this site.

Also I've read people sharing experiences and it seemed helpful to others.

I'm not looking for legal Advice. I'm halfway through the process and my lawyer is great.

He just never had a case like mine in 25 years of practice. So keeps saying "I don't know, it depends, etc"
 
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Foster59 said:
It looks like some people are getting legal opinions on this site.

Also I've read people sharing experiences and it seemed helpful to others.
Click to expand...
This site is 'manned" by volunteers. It is early on Sunday morning....give them a chance to wake up. ;)
 
I'm trying to figure out how one attaches material by mistake.

Is your lawyer aware you're posting about this on the internet?

If you're not satisfied with his answer, it would be better to pay for a second opinion.
 
Foster59 said:
If an adult attached indecent(nudity) material to a file BY MISTAKE , i.e. didn't know it was attached, to a 13 year old.
Click to expand...

Didn't know it was attached?

It takes several steps to attach a file to a text or email. It was certainly a mistake (a big one) to do it but not an accident.

Foster59 said:
Does the prosecution have to show/prove willfull intent?
Click to expand...

If you are being charged under the following NY Penal Code, I don't believe intent is required.Although how you can do it without intending to do it is beyond me.

New York Obscenity and Related Offenses ( 235) Law (2022) :: 2022 New York Laws :: US Codes and Statutes :: US Law :: Justia

Foster59 said:
He just never had a case like mine in 25 years of practice. So keeps saying "I don't know, it depends, etc"
Click to expand...

Then you have the wrong lawyer.
 
And then.... as an adult - why are you emailing a 13yo? Is it your child? A student? Some other 13yo?

^^rhetorical questions. Don't answer them here, for your own well-being.
 
Foster59 said:
It looks like some people are getting legal opinions on this site.

Also I've read people sharing experiences and it seemed helpful to others.

I'm not looking for legal Advice. I'm halfway through the process and my lawyer is great.

He just never had a case like mine in 25 years of practice. So keeps saying "I don't know, it depends, etc"
Click to expand...

sigh...

Yes, people do get some general guidance here, and at times the volunteer is an attorney, but for the most part the volunteers are educated laypersons.

With a very serious charge, such as you are facing, it is very, VERY unwise to post on a public website where your posting could be used against you in your criminal case. Prosecutors have been known to peruse these sites and subpoena the owner for IP addresses and other information on the poster. IOW your very own words posted here can end up convicting you in criminal court. If you have doubts about this just google up one of the hundreds of cases the DOJ is trying/tried against the January 6th insurrectionists.
Also ask your attorney what s/he thinks of you posting about your case on the net.

You should not be discussing the case with anyone except your attorney. Not your wife/girlfriend/boyfriend/BBF/sibling/parents/cousin/neighbor/mechanic/old flame from highschool/dog/cat/fish/parakeet/stranger on the bus...NO ONE except your attorney.

As Stealth advised...if you want another opinion, pay for a consult with another criminal defense attorney...preferably one that is experienced in this type of crime. .
 
Foster59 said:
Does the prosecution have to show/prove willfull intent?
Click to expand...

They just have to show that the event happened.

The only time I could imagine "intent" being relevant would be in sentencing. However, even then, I'd have to realllly stretch my imagination to posit a situation where your argument would be even remotely credible.

Foster59 said:
He just never had a case like mine in 25 years of practice. So keeps saying "I don't know, it depends, etc"
Click to expand...

Then he is either leading a very charmed life, or you have the wrong kind of lawyer.

Just because he's been practicing for 25 years doesn't not mean that he has any expertise in criminal law. Your lawyer may indeed be "great" at his specialty, but his specialty might not me a good match for your current legal needs.

Perhaps you're not asking the right questions. Or perhaps you should consider consulting other attorneys to see if you can find a better match.
 
No he is great. I highly doubt someone is hacking me.

One felony is already dismissed.
I'd rather do private messages with someone to discuss it.

If that's not cool...then I'm fine. I'll leave the forum. All good either way.

He was the former DA. He gas not ever lost a case that went to trial. His batting average is 1000.00
 
I guess I am looking for someone who could be a make believe grand jurory. I'll tell u my case and u tell me if you would indict or dismiss.

I purposely was very vague in my description
 
Foster59 said:
I purposely was very vague in my description
Click to expand...

Your admission indicates WHY your responses have been, in your view, vague.

No one can predict what 12 jurors will decide.

I've practiced criminal law primarily for 40 odd years.

I can see individual juror "tells", however that doesn't mean anything collectively.

On most occasions, there are "tells" one can discern when the jury has reached their verdict.

Other than what I've said above, no one can consistently predict what verdict 12 jurors will render.

Furthermore, I've had several criminal trials interrupted by "mistrial" rulings.

In the instant matter under discussion, I suggest that things are no longer in your control.

A quick perusal of NY law reveals that the crime with which you APPEAR to have been charged isn't a SPECIFIC intent crime.

Specific intent crimes require the government to prove that a defendant had both the desire to commit the act as well as the knowledge or intent that committing the act would achieve the end result.

Contrast that to a general intent crime which only requires the government to prove that a defendant had intended to perform the act in question and that the act is one that is prohibited by law or is illegal.

In other words, you can be charged and convicted of a general intent crime simply by committing an act that is considered both illegal and a crime under the law.




Justia › US Law › US Codes and Statutes › New York Laws › 2022 New York Laws › PEN - Penal › Part 3 - Specific Offenses › Title M - Offenses Against Public Health and Morals › Article 235 - Obscenity and Related Offenses › 235.23 - Disseminating Indecent Material to Minors; Presumption and Defenses.
Go to previous versions of the New York Laws
2022 New York Laws
PEN - Penal
Part 3 - Specific Offenses
Title M - Offenses Against Public Health and Morals
Article 235 - Obscenity and Related Offenses
235.23 - Disseminating Indecent Material to Minors; Presumption and Defenses.
Universal Citation: NY Penal L § 235.23 (2022) § 235.23 Disseminating indecent material to minors; presumption and defenses.

1. A person who engages in the conduct proscribed by section 235.21 is presumed to do so with knowledge of the character and content of the material sold or loaned, or the motion picture, show or presentation exhibited or to be exhibited.
2. In any prosecution for disseminating indecent material to minors in the second degree pursuant to subdivision one or two of section 235.21 of this article, it is an affirmative defense that:
(a) The defendant had reasonable cause to believe that the minor involved was seventeen years old or more; and

(b) Such minor exhibited to the defendant a draft card, driver's license, birth certificate or other official or apparently official
document purporting to establish that such minor was seventeen years old or more.

3. In any prosecution for disseminating indecent material to minors in the second degree pursuant to subdivision three of section 235.21 of this article or disseminating indecent material to minors in the first degree pursuant to section 235.22 of this article, it shall be a defense that:

(a) The defendant made a reasonable effort to ascertain the true age of the minor and was unable to do so as a result of actions taken by the minor; or

(b) The defendant has taken, in good faith, reasonable, effective and appropriate actions under the circumstances to restrict or prevent access by minors to materials specified in such subdivision, which may involve any appropriate measures to restrict minors from access to such communications, including any method which is feasible under available technology; or

(c) The defendant has restricted access to such materials by requiring use of a verified credit card, debit account, adult access code or adult personal identification number; or

(d) The defendant has in good faith established a mechanism such that the labelling, segregation or other mechanism enables such material to be automatically blocked or screened by software or other capabilities reasonably available to responsible adults wishing to effect such blocking or screening and the defendant has not otherwise solicited minors not subject to such screening or blocking capabilities to access that material or to circumvent any such screening or blocking

2022 New York Laws :: PEN - Penal :: Part 3 - Specific Offenses :: Title M - Offenses Against Public Health and Morals :: Article 235 - Obscenity and Related Offenses :: 235.23 - Disseminating Indecent Material to Minors; Presumption and Defenses.
 
They cited 235.21(3) And that charge has already been dismissed.
In 1997 the Supreme court declared it unconstitutional. So they changed it to DO NOT CHARGE.



Could you PM me?
 
Foster59 said:
Could you PM me?
Click to expand...

In the interest of avoiding confusion or conflict, I don't PM any posters.

Its in the best interests of all concerned that whatever needs to be said, we do it for public consumption.

That said, I suggest you confine and restrict all conversation relative to your current charges with your attorney of record.

I also suggest you end your search for anyone knowledgeable of how a jury will vote.

Why?

No living human being is capable of predicting what any other human being will do or say.

I wish you the best as you seek justice before the bar.
 
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