Obscene Matter and Child Reckless Endangerment Charges Dismissed
Criminal Charges:
Woman charged in Fall River District Court for:
- Obscene Matter to a Minor, in violation of M.G.L. c. 272, § 28
- Open and Gross Lewdness, in violation of M.G.L. c. 272, § 16
- Reckless Endangerment to a Child, in violation of M.G.L. c. 265, § 13L
- Procuring Liquor to a Person Under 21, in violation of M.G.L. c. 138, § 34A
City, State, County, and Court:
- Swansea, Massachusetts
- Bristol County
- Fall River District Court
Case Overview:
Two adolescent boys were observed by a school resource officer to be highly intoxicated and drinking alcohol in public. The boys informed the officer they acquired the alcohol from the bathroom lady at school and that she had also been sending them pictures of her breasts. Upon further investigation, police learned the woman had purchased alcohol for them on at least two prior occasions. The boys were formally interviewed by police later, and provided additional information, to include details of their ongoing communications with the woman by Snapchat, to include her telling them she was horny, her nicknames for them, and how she would give the boys rides in her car where she would allow them to drink and smoke marijuana. Police searched the boys’ phones and found a Facetime video of the woman flashing the boys her breasts and messages about drinking alcohol. The woman was charged in Fall River District Court with 2 counts of Obscene Matter to a Minor (which requires sex-offender registration), 2 counts of Open and Gross Lewdness, 4 counts of Reckless Endangerment to a Child, and 4 counts of Procuring Alcohol to a Person Under 21. She retained Massachusetts Criminal Defense Lawyer, John L. Calcagni III, to defend her in her case.
Case Result: 18-Month Continuation Without a Finding.
After ongoing negotiations with the Commonwealth, and its consideration of a lengthy mitigation packet submitted on the woman’s behalf, the case was successfully resolved with an 18-month Continuation Without a Finding (CWOF) on 1 count of Open and Gross Lewdness and 1 count of Procuring Alcohol to a Person Under 21. All remaining charges were dismissed. The woman avoided both incarceration and sex offender registration. Providing she is not charged with a new offense during the CWOF period, the charges will be dismissed and eligible to be sealed in the end.