How are you doing youtube people.
I hope you are very well
Here we are in a new video of lawyer analyzes
This is a very complex video as it has to do with James Charles
This is a well-known YouTuber who performs makeup on the platform
He became well known in recent years
He had 16 or 17 million subscribers.
Now has about 14. I would have to check it
But he lost 2 or 3 million subscribers in 2 or 3 days because of this problem of which we are going to talk today
He has 13 million 800 thousand. He's losing a lot of subscribers really
I will try to summarize what happened
I´m going to enter twitter
Here someone left me the message chain
This says that Tati Westbrook, another youtuber, who is the person James fought with
She does makeup for Hollywood and has a Youtube channel too
She has 7 or 8 million subscribers
Tati Westbrook was like Charles's mom in the industry
She made a brand of vitamins called Halo
9 days after Coachella, which is a music event, James Charles promoted Hair Gummy Bears, the main competitor of Tati in IG stories
His excuse to promote them was that things in Coachella became dangerous for him and his friends
and Hair Gummy Bears gave them security, also Charles said that the gummies helped him to sleep and to control his anxiety
After that Tati uploaded a video to IG stories crying and talking about a betrayal. Everyone started saying that it was because of Charles' announcement, so he also uploaded a statement to IG stories.
He apologized and when people asked him on Twitter about Tati, he said he would talk about it when Tati was ready to talk to him.
But while he expected that, he was giving his version to YouTube gossip channels to do "damage control"
While this was happening, James's mom put like in IG to people who supported their son and threw shit at Tati
James had no money and Tati paid him the ticket to go to his wedding, even he had a good deal with Tati's father and husband.
She knew James had bad behavior but never gave her any importance thinking that someday he was going to grow up
and whenever he had a problem she and her husband helped him, either with life advice or advice on contracts
Tati even put himself at risk once to help Charles, he had a business proposal in which he was given little percentage so she helped him.
She talked about the last conversation she had with him in which James talked about a situation that happened on Tati's birthday,
in which James wanted to convince a heterosexual man that he was gay.
Surely to have sex with him, the people who accuse him say he has stalker behaviors
She scolded him
After that, she told that she once invited James and James's parents to dinner, and that during dinner, James told his dad that
there were no heterosexual men. He talked about the sexual things he would like to do (oral sex, penises, etc)
He did the same at Tati's birthday dinner.
Listen to this because it's important on a legal level.
He said everything he'd like to do to the waiter. Poor Tati had to apologize the next day with all her guests and invent excuses to justify James' behavior
In addition, she tried to stop him by telling that the waiter was heterosexual and James replied: "Never mind I'm a celebrity"
James uploaded an 8-minute video on YouTube called "Tati," in which he apologizes and he gives the whole reason to her,
he also admitted that he always took the role of victim and thanked his mother for defending him.
Here says that James tried to convince a man to have sex with him, he told him he was straight, and James replied "it doesn´t matter, I'm famous"
James pretended to be a girl to cheat guys in high school and get pictures of his penises.
We're going to see that in the New York Penal Code, because his high school was there
and in the video that Tati uploaded, she tells how she had to apologize to people because James talked about performing oral sex on heterosexual men,
and he stated in front of his parents and friends that every heterosexual man has a "gay" percentage
It makes me curious how he became famous. Here is with Katy Perry
At the age of 17, the local newspaper commented as an achievement that he was having relevance
This page explains what I said earlier, who is James Charles, who is Tati Westbrook. It says she's a youtuber, makeup artist and Hollywood stylist,
why they fought, thr vitamins. And the scandals that came to light.
The important thing is the waiter's theme. The case of Cage Gomez, reportedly James harassed other guys.
And also the alleged case of harassment of Shawn Mendes. It says that James Charles was definitively expelled from the Met Gala
This is a fashion event in New York.
for harassing during the latest edition to Shawn Mendes and also to Harry Styles reportedly
There is no proof of what happened, so no one can say that this really happened. But there is a IG live from Shawn in which James Charles makes him an offensive comment and Shawn ended up with the live.
Let's start with the legal analysis, I swear to you I analyzed so much the case that I burned my eyelashes reading
At the beginning, most of the sexual harassment occurs in work environments, but I found a type of harassment in which the actions allegedly carried out by James Charles can be included.
The acts allegedly committed by James Charles not only have a criminal consequence, but also a possible civil consequence, like everything.
I say this so we can forget about that (the civil consequences) and go straight to the penal consequences, this is what we always talk about in this channel and we like related to
those penalties related to a deprivation of freedom.
I mean go to prison, this would be typified in the penal offense
In the civil, to compensate in some way the damage produced to a person a monetary compensation is made
It speaks to the New York City Human Rights Law that protects all people against gender-based discrimination
which includes sexual harassment in places of work, housing and public places such as shops and restaurants.
Sexual harassment is an unwanted behavior verbal or physical and it says that criminals can be held liable with civil penalties of up to $ 250,000 in the case of an intentional violation.
quite big really
Now we are going to what is important and we are going to analyze what would be the hypothetical sanctions that Charles could suffer if the harassment was proven.
Offenses against public order, public sensitivities and the right to privacy
We have crimes against public order and if we go down, we have harassment in the first degree. Here we have, first degree harassment
Why am I analyzing the New York Penal Code? Very simple, because the Met Gala was there,
so we analyzed what sanction would correspond to James Charles if it was proven the harassment of Harry Styles and Shawn Mendez in the Met Gala.
Here you see effectively that the Met Gala is held in New York and this was on Monday, May 6
Here we have harassment in the first degree, but this is not the crime.
It's second-degree harassment. A person is guilty of second-degree harassment when, with intent to harass, annoy or alarm another person...
(If what James did is true, it is an attempt at harassment)
1- He or she hits, pushes, kicks or otherwise submit other people to physical contact, or attempts or threatens to do the same; or
2- Follow a person in or on a public place or places
(It would be included in this)
3- He or she participates in a course of conduct or repeatedly commits acts that seriously alarm or annoy that other person and that do not serve legitimate purpose.
This would also be included because it performs a type of behavior that has no legitimate purpose,
say inappropriate things or imply to have sex and others
This also applies in the case of the waiter if it is true as Tati says. The question is that it is not very punishable,
If we see what is the penalty, because remember that in the United States there are different levels
There is type A- Felony,  class B, class B violent, class C, class C violent, and so on until Violations.
Here it explains that second-degree harassment is a rape.
If we see how much is the penalty of a rape... Let's see, we are in violations, here we have harrasment in the second degree
(He reads and translates at the same time)
Tenemos desempeño sexual de un niño. En esta parte tenemos varios delitos
Now we go to the important thing and see what would happen if the high school theme was proven, if in truth he pretended to be a girl to get photos and thus harm a minor.
Very simple, the school was in Bethlehem Central High School in New York, so we continue to analyze the New York Penal Code
What part of the Code are we going to now? Very simple, to the part of Family and Child Welfare
We have a child's sexual performance. In this part we have several crimes. We begin to see all types of crime.
Use of a child in a sexual performance. Before we start with this, let's go a second to another article that has to do with minors, which crimes can be applied.
In New York, the minimum age of attribution for certain crimes is 13 years. Federal crimes 7 years. But depending on the crime, it also depends on how old that person is going to be able to penalize.
We translate this into Spanish and it says
Childhood: except as provided in subdivisions 2 and 3 below.
Which explains what crimes can be condemned to minors, for example homicide at age 13
A person of 13, 14 or 15 years of age is criminal for example when he is responsible for acts constituting homicide in the second degree
Subdivisions 2 and 3 explain everything. The crime that we now analyze about the high school and get photos of minors, that section is not included in subdivisions 2 and 3
So we're going to see in New York at what age one is responsible for the other crimes that are not in subdivisions 2 and 3
And it says: except as provided in subdivisions 2 and 3 of this section, a person under 17 years of age or from 1 October 2019
This would not have happened in 2019, it happened in 2016 or 2017.
A person under the age of 18, but this is not the case, has no criminal responsibility for conduct.
Perfect, this means that from the age of 17, for what James would have done in 2016/2017, he would be responsible.
Everything done after October 1, 2019, after the age of 18, the New York Penal Code can condemn you.
Everything done after October 1, 2019, after age 18 the New York Penal Code can sentence you, except that it is in subdivision 2 or 3 that I mentioned
that have to do with other crimes that we are analyzing now of minors and sexual acts
Then if it proves that James Charles committed the crimes in high school would be responsible because he would be more than 17 years old at that time, as I have already investigated
So being able to close this part, this first crime says
Use of a child in a sexual performance: a person is guilty of the use of a child in a sexual performance if he knows the character and content that employs, authorizes or induces a child under 17 years of age
to participate in a sexual performance or be a parent, legal guardian or custodian of such child, he consents the participation of such child in a sexual performance
Here it explains what performance is any game, movie, cinematographic, photography or dance.
It also means any other visual representation displayed in front of a public.
Then it is any representation that is made or forced to make a minor.
This is a class C felony and this type of crime can be sentenced to imprisonment for more than 1 year.
This does not clarify how much, but it can be more than 1 year the sentence for this type of crime
Another crime says: to have an obscene sexual performance by a child
A person is guilty of possessing an obscene sexual performance by a child when, knowing the character and content and knowing that he has in his power or control or access, knowingly with the intention of seeing,
any action that includes the sexual behavior of a child under 16 years of age
For example having pictures, the possession of child pornography that would be a class E felony
In a class E felony, the sentence is more than 1 year in prison.
He can go to an arrangement, the judge decides how much penalty puts him and if he commited 2 crimes, the penalty shall be increased
I hope you liked this video, it's a pretty complex case to prove if it's true
I tried to analyze most of the crimes that I could include in the New York legislation which is quite complex, because it is in another language, another system, of common law and this is different
I hope you liked it, do not forget to leave your constructive criticism. Follow me on social networks.
Also your opinion of the case, of James, if you knew him, if you follow him. Put it in the comments and we chatted.
A greeting of heart and see you in the next video. BYE!
