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Jul 13 2012

Creepy . . . Yes, but Criminal . . . Not So Much.

Here’s the story from News12 Long Island – “A Nassau man is accused of taking cell phone pictures of a young girl in an ice cream shop. Richard Stacel was arrested last night by an undercover officer in North Massapequa. Police say the officer saw the 44-year-old man taking pictures of an 8-year-old girl. When the officer confronted the suspect, he allegedly broke his phone.Stacel is now charged with endangering the welfare of a child.”

OK, so without a doubt, Mr. Stacel needs a new hobby, but did he a commit a crime? I think not. The Penal Law defines Endangering the Welfare of a Minor as follows:

He or she knowingly acts in a manner likely to be injurious to the
physical, mental or moral welfare of a child less than seventeen years
old or directs or authorizes such child to engage in an occupation
involving a substantial risk of danger to his or her life or health;

So taking photos of an 8 year old girl who is not your daughter is certainly likely to be injurious to yourself, but how is it injurious to the girl? I know what you’re saying: Oscar who cares about this creep! I assure you I don’t. But I care about the law and here law enforcement is stretching what could be innocent conduct into a crime. And its one of those crimes that is so embarrassing to be accused of that even an innocent person might take a quick plea to some reduced charge just to stop having to go to court and defend himself from being the “The Ice Cream Shop Pervert” as the court staff will undoubtedly refer to his case. (As in – Court officer to Court Clerk:“Why is there a Newsday reporter in the courtroom today?” Court Clerk to Court Officer: “Oh, because The Ice Cream Shop Pervert’s case is on today.That’s him in the second row. Court Officer to Court Clerk: Gotcha. You got today’s crossword puzzle?

There has to be more to this story, there just has to be. Taking a picture of child from your cell phone on a public street or place is simply not a crime. Weird, yes, dangerous to your health, definitely, but criminal, no.

Here’s a link to the News 12 story
http://news12.com/articleDetail.jsp?articleId=326830&position=1&news_type=news

2 comments

  1. Granny

    Shut the fuck up Oscar this guys a perv fuck what you think is right or wrong he’s a fucking PERVERT and deserves more

    1. Oscar Michelen

      I bet you’re not really my Granny and even if you are don’t use my blog site as your email address!

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