A local teenager has been arrested and accused of incest.
According to the Saratoga County Sheriff's Office, the teen was arrested on Sunday evening following an investigation into a reported sex offense.Third degree implies this was NOT assault, but rather something the other person did willingly. See for yourself...
The teenager was arrested and charged with Incest in the 3rd, a felony, and sexual misconduct, a misdemeanor.
§ 255.25 Incest in the third degree. A person is guilty of incest in the third degree when he or she marries or engages in sexual intercourse, oral sexual conduct or anal sexual conduct with a person whom he or she knows to be related to him or her, whether through marriage or not, as an ancestor, descendant, brother or sister of either the whole or the half blood, uncle, aunt, nephew or niece. Incest in the third degree is a class E felony.If this had been an assault, then he could have been charged with second degree (which specifies nonconsent) and/or some other crimes. Third degree should not even be a matter of criminal law.
Back to the article...
Authorities say the teen is accused of engaging in the sex offense with a younger family member.
He was arraigned and remanded to the Saratoga County Jail in lieu of bail or bond.
It is rather difficult to commit incest with someone who isn't a relative. Seriously, what's really going on here? If this was assault, charge it as such. If this was consensual, leave it alone. Since they didn't name him, and since they didn't say they were withholding his name to protect the other person, my guess is that he's a minor himself, and my guess is also that someone else ratted them out. Again, if this was an assault, charge him accordingly. Otherwise, this is a waste of law enforcement and ruining a young man's life for no good reason. A reminder to all to read this.