Yesterday, a convicted sex offender who admitted to having unprotected sex with boys and men ages 16 to 20—while not telling them he had HIV—was sentenced to 14 years in prison. Oceanside resident Robert Musmacker, who knew he was HIV positive since 2005, had pleaded guilty to 25 charges, including reckless endangerment, criminal sex acts and endangering the welfare of a child, and was also sentenced to 15 years of post-release supervision.
LI Man With HIV Gets 14 Years For Unprotected Sex, Abuse
LI Man With AIDS Admits To Unprotected Sex
Robert Musmacker, a high-level sex offender with AIDS, pleaded guilty to 25 counts, incuding "first-degree reckless endangerment, third-degree criminal sexual act and endangering the welfare of a child" in Suffolk County yesterday. Newsday reports, "Musmacker admitted in court to having sex with his victims, the oldest of whom was 20, from 2007 to 2008" and that he "he did not tell his victims that he had known since October 2005 that he was HIV positive, and he said he did not use condoms or ask his victims to use condoms." (Prosecutors said none of the victims has contracted AIDS.) His lawyer said Musmacker pleaded guilty because "The people's case was overwhelming." Earlier this year, Attorney General Andrew Cuomo sought to stop the release of Nushawn Williams, who knowingly spread HIV.
Suffolk DA Accuses Sex Offender of Exposing Victim to AIDS
Suffolk County DA Thomas Spota is concerned that convicted sex offender Robert Musmacker has exposed a 16-year-old boy—and potentially other victims—with the virus that causes AIDS. Musmacker was pulled over for speeding two weeks ago and, Newsday reports, the "trooper took note of the driver's 16-year-old passenger, along with Musmacker's undone belt buckle on his pants." The tropper then found that Musmacker was a high-level sex offender and the boy "revealed not only that he'd had sexual contact with Musmacker on several occasions, but also that Musmacker has AIDS." Spota told the AP, "This is a very, very tragic case. We believe he definitely had sexual contact with other young males. This could possibly develop into a significant number." He urged other possible victims to contact the New York State Police Major Case Bureau at 631-756-3390. And Musmacker was charged committing a criminal sex act, endangering the welfare of a child and several traffic violations.

