In the off chance there is anyone still hanging out reading the forum today...

Got a call from a detective about a 73 year old guy who is a retired massage therapist. He was approached by a ten year old girl and her friend. One of the girls said she wanted to be a massage therapist when she grew up. So our guy says ok, I'll show you some tips. Has her get completely naked, while he is on the other side of a curtain. The other girl covers her with a sheet. He comes out and essentially gives her a massage with oils, lotions, etc. He never touches any of the forbidden zones for indecency. He doesn't tell her not to tell anyone. The other girl is present the whole time. Little girl says she was uncomfortable because it was more than she thought.

Is there a crime other than maybe class c assault? I would think you couldn't give a massage to a ten year old without parental consent, but haven't found anything applicable in the occupations code. Understandably, the little girl's parents are **quite*** upset.

Suggestions?

I can't think of any law that's been broken, so that's the only suggestion I can think of!

I don't know if you have a Class C Assault if the girl consented (see PC 22.06(a)).

Since the old guy didn't charge a fee, it's doubtful he violated any massage therapy regulations under
Occupations Code Ch. 455, either, but you might review them for your own satisfaction just to be sure.

I'm sure the parents are upset, but I can't think of anything about this situation (as you described it) that makes it a crime. Creepy, yes; crime, no.

You know, when I was 12-13-ish I wanted to be a veterinarian. My mother took me to the zoo (not to stay, smartypants). I met the zoo vet and made rounds with him. That was a ton of fun and I was encouraged. Then she drove me to our vet and I got to talk to him as well. He let me observe him performing a surgery, and I was immediately cured of any desire to be involved in *any* field of medicine.

So why did this girl go with her friend rather than having her parents help her find an age-appropriate way to explore this profession? Did this man seek these children out in some way?

If you are brave, you could always charge an attempted sexual offense (perhaps attempted indecency by contact or exposure), using the theory that the conduct must have been grooming or more than mere preparation for a completed crime.

one of the two.... no getting around it..

He is her next door neighbor. Before the massage incident the guy and his wife were showing the girls how to make stained glass in a shed in their backyard. Wife goes back to the house to check on something she had cooking. guy just happens to keep his old massage table in the same shed.

I thought about attempted, but wasn't sure I would be able to prove the intent to sexually gratify. Especially to a jury around here.

I honestly didn't figure I would find a crime, but now I will be able to assure the parents that I have consulted the best minds in the state on the issue.

By the way, after having talked to everyone involved, it was the detective's professional opinion that the old guy is just a freaking* idiot. (*Language edited for polite company.)

Perhaps a protective order?