Legal Question in Criminal Law in New York

molestation

i just broke up w/ a boyfriend after 7 years. my daughter is 19 just told me he use to molest her strting at 14yrs. can she or i still prosecute this individual or is it too late? any type of case fed, state, civl or any other type? she said she was afraid to tell me while we were together. she is more than willing to cooporate. plse reply


Asked on 8/11/08, 7:29 pm

11 Answers from Attorneys

Sergey Mikhlin Law Office of Sergey Mikhlin

Re: molestation

Generally, a prosecution for a felony offense (other than class A felony) must commence within 5 yrs of its commission. If the subject offense is a misdemeanor, the applicable period is 2 yrs. However, NY Criminal Procedure Law Sec. 30.10(3)(f) specifically provides that for purposes of a prosecution of certain sexual offenses committed against a child less than 18 years of age, the period of limitation (5yrs/felony v. 2yrs/misdemeanor) will not begin to run until the child has reached the age of 18 or the offense is reported to a law enforcement agency or statewide central register of child abuse and maltreatment, whichever occurrs first.

In other words, if you report this incident to the police/ prosecutor's office now, there should be no issue regaridng the statute of limitation. Your child's reaching the age of 18 last year started the clock. And from the date of your child's 18th birthday, the prosecutor will have either 1 more year to prosecute the case as a misdemeanor, or 4 more years to prosecute the case as felony. I hope this helps.

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Answered on 8/12/08, 2:45 am
Sergey Mikhlin Law Office of Sergey Mikhlin

Re: molestation

Generally, a prosecution for a felony offense (other than class A felony) must commence within 5 yrs of its commission. If the subject offense is a misdemeanor, the applicable period is 2 yrs. However, NY Criminal Procedure Law Sec. 30.10(3)(f) specifically provides that for purposes of a prosecution of certain sexual offenses committed against a child less than 18 years of age, the period of limitation (5yrs/felony v. 2yrs/misdemeanor) will not begin to run until the child has reached the age of 18 or the offense is reported to a law enforcement agency or statewide central register of child abuse and maltreatment, whichever occurrs first.

In other words, if you report this incident to the police/ prosecutor's office now, there should be no issue regaridng the statute of limitation. Your child's reaching the age of 18 last year started the clock. And from the date of your child's 18th birthday, the prosecutor will have either 1 more year to prosecute the case as a misdemeanor, or 4 more years to prosecute the case as felony. I hope this helps.

Read more
Answered on 8/12/08, 2:46 am
Sergey Mikhlin Law Office of Sergey Mikhlin

Re: molestation

Generally, a prosecution for a felony offense (other than class A felony) must commence within 5 yrs of its commission. If the subject offense is a misdemeanor, the applicable period is 2 yrs. However, NY Criminal Procedure Law Sec. 30.10(3)(f) specifically provides that for purposes of a prosecution of certain sexual offenses committed against a child less than 18 years of age, the period of limitation (5yrs/felony v. 2yrs/misdemeanor) will not begin to run until the child has reached the age of 18 or the offense is reported to a law enforcement agency or statewide central register of child abuse and maltreatment, whichever occurrs first.

In other words, if you report this incident to the police/ prosecutor's office now, there should be no issue regaridng the statute of limitation. Your child's reaching the age of 18 last year started the clock. And from the date of your child's 18th birthday, the prosecutor will have either 1 more year to prosecute the case as a misdemeanor, or 4 more years to prosecute the case as felony. I hope this helps.

Read more
Answered on 8/12/08, 2:46 am
Sergey Mikhlin Law Office of Sergey Mikhlin

Re: molestation

Generally, a prosecution for a felony offense (other than class A felony) must commence within 5 yrs of its commission. If the subject offense is a misdemeanor, the applicable period is 2 yrs. However, NY Criminal Procedure Law Sec. 30.10(3)(f) specifically provides that for purposes of a prosecution of certain sexual offenses committed against a child less than 18 years of age, the period of limitation (5yrs/felony v. 2yrs/misdemeanor) will not begin to run until the child has reached the age of 18 or the offense is reported to a law enforcement agency or statewide central register of child abuse and maltreatment, whichever occurrs first.

In other words, if you report this incident to the police/ prosecutor's office now, there should be no issue regaridng the statute of limitation. Your child's reaching the age of 18 last year started the clock. And from the date of your child's 18th birthday, the prosecutor will have either 1 more year to prosecute the case as a misdemeanor, or 4 more years to prosecute the case as felony. I hope this helps.

Read more
Answered on 8/12/08, 2:46 am
Sergey Mikhlin Law Office of Sergey Mikhlin

Re: molestation

Generally, a prosecution for a felony offense (other than class A felony) must commence within 5 yrs of its commission. If the subject offense is a misdemeanor, the applicable period is 2 yrs. However, NY Criminal Procedure Law Sec. 30.10(3)(f) specifically provides that for purposes of a prosecution of certain sexual offenses committed against a child less than 18 years of age, the period of limitation (5yrs/felony v. 2yrs/misdemeanor) will not begin to run until the child has reached the age of 18 or the offense is reported to a law enforcement agency or statewide central register of child abuse and maltreatment, whichever occurrs first.

In other words, if you report this incident to the police/ prosecutor's office now, there should be no issue regaridng the statute of limitation. Your child's reaching the age of 18 last year started the clock. And from the date of your child's 18th birthday, the prosecutor will have either 1 more year to prosecute the case as a misdemeanor, or 4 more years to prosecute the case as felony. I hope this helps.

Read more
Answered on 8/12/08, 2:47 am
Sergey Mikhlin Law Office of Sergey Mikhlin

Re: molestation

Generally, a prosecution for a felony offense (other than class A felony) must commence within 5 yrs of its commission. If the subject offense is a misdemeanor, the applicable period is 2 yrs. However, NY Criminal Procedure Law Sec. 30.10(3)(f) specifically provides that for purposes of a prosecution of certain sexual offenses committed against a child less than 18 years of age, the period of limitation (5yrs/felony v. 2yrs/misdemeanor) will not begin to run until the child has reached the age of 18 or the offense is reported to a law enforcement agency or statewide central register of child abuse and maltreatment, whichever occurrs first.

In other words, if you report this incident to the police/ prosecutor's office now, there should be no issue regaridng the statute of limitation. Your child's reaching the age of 18 last year started the clock. And from the date of your child's 18th birthday, the prosecutor will have either 1 more year to prosecute the case as a misdemeanor, or 4 more years to prosecute the case as felony. I hope this helps.

Read more
Answered on 8/12/08, 2:47 am
Sergey Mikhlin Law Office of Sergey Mikhlin

Re: molestation

Generally, a prosecution for a felony offense (other than class A felony) must commence within 5 yrs of its commission. If the subject offense is a misdemeanor, the applicable period is 2 yrs. However, NY Criminal Procedure Law Sec. 30.10(3)(f) specifically provides that for purposes of a prosecution of certain sexual offenses committed against a child less than 18 years of age, the period of limitation (5yrs/felony v. 2yrs/misdemeanor) will not begin to run until the child has reached the age of 18 or the offense is reported to a law enforcement agency or statewide central register of child abuse and maltreatment, whichever occurrs first.

In other words, if you report this incident to the police/ prosecutor's office now, there should be no issue regaridng the statute of limitation. Your child's reaching the age of 18 last year started the clock. And from the date of your child's 18th birthday, the prosecutor will have either 1 more year to prosecute the case as a misdemeanor, or 4 more years to prosecute the case as felony. I hope this helps.

Read more
Answered on 8/12/08, 2:47 am
Sergey Mikhlin Law Office of Sergey Mikhlin

Re: molestation

Generally, a prosecution for a felony offense (other than class A felony) must commence within 5 yrs of its commission. If the subject offense is a misdemeanor, the applicable period is 2 yrs. However, NY Criminal Procedure Law Sec. 30.10(3)(f) specifically provides that for purposes of a prosecution of certain sexual offenses committed against a child less than 18 years of age, the period of limitation (5yrs/felony v. 2yrs/misdemeanor) will not begin to run until the child has reached the age of 18 or the offense is reported to a law enforcement agency or statewide central register of child abuse and maltreatment, whichever occurrs first.

In other words, if you report this incident to the police/ prosecutor's office now, there should be no issue regaridng the statute of limitation. Your child's reaching the age of 18 last year started the clock. And from the date of your child's 18th birthday, the prosecutor will have either 1 more year to prosecute the case as a misdemeanor, or 4 more years to prosecute the case as felony. I hope this helps.

Read more
Answered on 8/12/08, 2:47 am
Sergey Mikhlin Law Office of Sergey Mikhlin

Re: molestation

Generally, a prosecution for a felony offense (other than class A felony) must commence within 5 yrs of its commission. If the subject offense is a misdemeanor, the applicable period is 2 yrs. However, NY Criminal Procedure Law Sec. 30.10(3)(f) specifically provides that for purposes of a prosecution of certain sexual offenses committed against a child less than 18 years of age, the period of limitation (5yrs/felony v. 2yrs/misdemeanor) will not begin to run until the child has reached the age of 18 or the offense is reported to a law enforcement agency or statewide central register of child abuse and maltreatment, whichever occurrs first.

In other words, if you report this incident to the police/ prosecutor's office now, there should be no issue regaridng the statute of limitation. Your child's reaching the age of 18 last year started the clock. And from the date of your child's 18th birthday, the prosecutor will have either 1 more year to prosecute the case as a misdemeanor, or 4 more years to prosecute the case as felony. I hope this helps.

Read more
Answered on 8/12/08, 2:49 am
Sergey Mikhlin Law Office of Sergey Mikhlin

Re: molestation

Generally, a prosecution for a felony offense (other than class A felony) must commence within 5 yrs of its commission. If the subject offense is a misdemeanor, the applicable period is 2 yrs. However, NY Criminal Procedure Law Sec. 30.10(3)(f) specifically provides that for purposes of a prosecution of certain sexual offenses committed against a child less than 18 years of age, the period of limitation (5yrs/felony v. 2yrs/misdemeanor) will not begin to run until the child has reached the age of 18 or the offense is reported to a law enforcement agency or statewide central register of child abuse and maltreatment, whichever occurrs first.

In other words, if you report this incident to the police/ prosecutor's office now, there should be no issue regaridng the statute of limitation. Your child's reaching the age of 18 last year started the clock. And from the date of your child's 18th birthday, the prosecutor will have either 1 more year to prosecute the case as a misdemeanor, or 4 more years to prosecute the case as felony. I hope this helps.

Read more
Answered on 8/12/08, 2:49 am
Sergey Mikhlin Law Office of Sergey Mikhlin

Re: molestation

Generally, a prosecution for a felony offense (other than class A felony) must commence within 5 yrs of its commission. If the subject offense is a misdemeanor, the applicable period is 2 yrs. However, NY Criminal Procedure Law Sec. 30.10(3)(f) specifically provides that for purposes of a prosecution of certain sexual offenses committed against a child less than 18 years of age, the period of limitation (5yrs/felony v. 2yrs/misdemeanor) will not begin to run until the child has reached the age of 18 or the offense is reported to a law enforcement agency or statewide central register of child abuse and maltreatment, whichever occurrs first.

In other words, if you report this incident to the police/ prosecutor's office now, there should be no issue regaridng the statute of limitation. Your child's reaching the age of 18 last year started the clock. And from the date of your child's 18th birthday, the prosecutor will have either 1 more year to prosecute the case as a misdemeanor, or 4 more years to prosecute the case as felony. I hope this helps.

Read more
Answered on 8/12/08, 2:49 am


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