DELHI — Delaware County Acting District Attorney Shawn J. Smith announced that the Delaware County Grand Jury indicted Benjamin W. Moyse, 45, of Delhi New York, for 1 felony charge and 10 misdemeanors on August 3, 2023.
Count One of the indictment charges the defendant, who was a 10th grade teacher at Delaware Academy, with Criminal Facilitation in the Third Degree, a Class E Felony in violation of New York State Penal Law Section 115.01. The indictment alleges that the defendant intentionally aided a person under 16 years of age, to commit the felony crimes of possessing and disseminating child pornography. The allegations stem from incidents beginning on August 3, 2020 and continuing until November 28, 2022.
The Grand Jury also indicted the defendant for 5 separate counts of Endangering the Welfare of a Child. Each count is a Class A Misdemeanor. The defendant is alleged to have knowingly engaged in a course of conduct which was likely to be injurious to the physical, mental, or moral welfare of 5 separate children that were all students in the school where he worked.
The defendant also faces 2 Counts of Official Misconduct, Class A Misdemeanors in violation of New York State Penal Law Section 195. The allegations relating to these charges are that the defendant was a public servant, and knowingly refrained from performing a duty which was imposed upon him by law and/or inherent in the nature of his office as a public-school teacher. Specific allegations include that the defendant failed to follow the school’s policy and procedures when students and parents repeatedly reported to him that students were being sexually abused. It is alleged that the defendant failed to take any action in response to these numerous reports.
The defendant also faces 3 Class A Misdemeanors for allegedly being a mandated reporter, and failing to report child abuse or maltreatment that was disclosed to him, on separate occasions, by his students and his students’ parents.
Acting District Attorney Shawn Smith commended Detective Justin Mohr and Officer Tiffany Crozier of the Delhi Police Department for their investigation into this case. Smith also thanked the officials of Delaware Academy for their cooperation during this investigation.
As are all persons accused of a crime, the defendant is presumed innocent unless proven guilty in a court of law.
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