Tuesday, June 8, 2010

Robert Musmacker - Repeat Sex Offender - A Public Health Menace

An HIV-positive Oceanside man faces 18 years in prison after he pleaded guilty to having unprotected sex with young men and boys as young as 16 years of age.

Robert Musmacker, 38, pleaded guilty to a 25-count indictment in Suffolk County court in Riverhead on Monday, June 7, which included multiple charges of first-degree reckless endangerment, third-degree criminal sexual acts and endangering the welfare of a child. According to prosecutors, Musmacker — who has been described publicly by Suffolk County District Attorney Thomas Spota as a public health menace — admitted in court that he had sexual contact with nine males between the ages of 16 to 20 between the summer of 2007 and late 2008.

In a statement, Spota said that Musmacker was a high-risk, level three sex offender when he was arrested by New York state police on Dec. 28, 2008, for having sex with a male teenager. Musmacker had a prior sodomy conviction in Nassau County at the time of his arrest.

Prosecutors said that Musmacker had known since October 2005 that he was HIV positive and did not inform his victims; did not use condoms or ask his victims to use condoms. Prosecutors said that none of the victims has contracted AIDS.

Suffolk County Judge Barbara Kahn promised to sentence Musmacker to 14 years in prison, along with 15 years of post-release supervision. Spota said that Musmacker is scheduled to be sentenced on July 13, at which point the people will recommend a prison sentence of 18 years.

"25% of all sex offenders re-offend within 15 years"
.........Sarah Tofte

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