Chat Draws Suspension

A criminal conviction for misdemeanor child endangerment led to an 18-month suspension by the New York Appellate Division for the Second Judicial Department

The respondent testified that he was ashamed to admit it but he had been looking at internet pornography. He had also been chatting on an internet relay chat known as MIRC. On the day of the incident, he had a sexually explicit chat with a person who identified  herself as a 13-year-old girl. At no point did he disclose his name or arrange to have any kind of meeting with this individual. Approximately two weeks later, several New York City police officers appeared at his home with a warrant. They examined his laptop, cell phone, and hard drive. They had a copy of the transcript of the conversation he had with the individual he thought was a 13-yearold girl. He admitted what he had done. He accepted responsibility for his behavior and expressed remorse.

The respondent testified that he sought professional help to examine and correct the behavior that led to his arrest. He sought to create a treatment and lifestyle to guarantee that he would not be involved in this type of behavior in the future. He engaged in talk therapy with a licensed psychologist, who had concluded that he suffered from, inter alia, depression. After he pleaded guilty, he was ordered to participate in weekly group therapy sessions administered by ABS, and he completed 52 sessions.

The respondent also provided character evidence indicating that his conduct was “aberrational” and “not consistent with his good character.”

(Mike Frisch)