In an interview with VINNews, Rockland County District Attorney Thomas Zugibe repeatedly says a haredi man convicted of forcible touching and other related misdomeaanors could not have gone to prison. Is Zugibe telling the truth?
Above: Thomas Zugibe
Is Zugibe inaccurate? Is he lying? You decide:
What was Herschel Taubenfel originally charged with? This:
• 10 counts of Forcible Touching (Class A Misdemeanors)
• 10 counts of Endangering the welfare of a Child (Class A Misdemeanors)
• 10 counts of Sex Abuse in the 3rd degree (Class B Misdemeanors)
What did he pleade guilty to? Forcible touching.
What are these charges specifically and how can they be sentenced?
§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 for the purpose of degrading or abusing such person; or for the purpose of gratifying the actor’s sexual desire.
For the purposes of this section, forcible touching includes squeezing, grabbing or pinching.
Forcible touching is a class A misdemeanor.(Eff.11/1/03,Ch.264,L.2003)
§130.55 Sexual abuse in the third degree.
A person is guilty of sexual abuse in the third degree when he or she subjects another person to sexual contact without the latter’s consent; except that in any prosecution under this section, it is an affirmative defense that (a) such other person’s lack of consent was due solely to incapacity to consent by reason of being less than seventeen years old, and (b) such other person was more than fourteen years old, and (c) the defendant was less than five years older than such other person.
Sexual abuse in the third degree is a class B misdemeanor.
§ 260.10 Endangering the welfare of a child.
A person is guilty of endangering the welfare of a child when:
1. 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; or
2. Being a parent, guardian or other person legally charged with the care or custody of a child less than eighteen years old, he or she fails or refuses to exercise reasonable diligence in the control of such child to prevent him or her from becoming an "abused child," a "neglected child," a "juvenile delinquent" or a "person in need of supervision," as those terms are defined in articles ten, three and seven of the family court act.
3. A person is not guilty of the provisions of this section when he or
she engages in the conduct described in subdivision one of section
260.00 of this article: (a) with the intent to wholly abandon the child by relinquishing responsibility for and right to the care and custody of such child; (b) with the intent that the child be safe from physical injury and cared for in an appropriate manner; (c) the child is left with an appropriate person, or in a suitable location and the person who leaves the child promptly notifies an appropriate person of the child'slocation; and (d) the child is not more than thirty days old.
Endangering the welfare of a child is a class A misdemeanor.
Possible Penalties for Sexual Assault Offenses
The New York State Penal Law provides for the following possible penalties for the various classifications of sexual assault offenses:
Class B Felony - Imprisonment for 5 to 25 years
Class C Felony - Imprisonment for 3 1/2 to 15 years
Class D Felony - Imprisonment for 2 to 7 years
Class E Felony - Imprisonment for 1 1/2 to 4 years
Class A Misdemeanor - Imprisonment for up to 1 year
Class B Misdemeanor - Imprisonment for up to 3 months