The New York Criminal Law Blog

Teenage Pizza Boy Accused of Rape, Used Pizza to Get Past Doorman

Many Gothamites are up in arms over the emergence (and eBay sale) of master keys to the City of New York. These magical keys will get the bearer into many construction sites, city buildings, and other supposedly secure facilities. However, we’re thinking it’s a little overblown. After all, you don’t need keys to get into nearly any door in New York. Apparently, all you need is a pizza.

Sixteen-year-old Cesar Lucas already has a severe criminal record. According to the New York Daily News, Lucas was arrested back in August after he allegedly used his pizza delivery gig to get access to a W. 42nd St. apartment and stole a woman’s wallet and credit cards. Despite the arrest, he kept his job at Sal’s Pizzeria on 10th Ave.

Over the weekend, his criminal activity escalated, and was again facilitated by his position as a pizza delivery driver. According to the Daily News, he delivered a pie to the tenth floor of a doorman-guarded building. After he finished with the delivery, he tried the doors until he found one that was unlocked. He entered the apartment and raped a woman that was sleeping next to her 7-year-old daughter. He then apologized and left. He was apprehended shortly thereafter while still on duty at Sal's Pizzeria. According to an update by the Daily News, he later confessed to the assault.

He is now facing charges for burglary and rape. Despite his young age, he is being charged as an adult.

Burglary is defined in New York as entering a dwelling in order to commit a crime therein. Under the statutory definition, he could be charged with either second or first degree burglary. Second degree burglary is a class C felony, whereas first degree is a class B felony. The former carries a maximum of fifteen years, whereas the latter carries a maximum of twenty-five years.

As for the rape charge, he should be facing a first degree charge, since physical compulsion was used. Lesser degrees are reserved for sex with someone unable to consent due to mental disability or age. First degree rape is also a class B felony. Because of the violent nature of this crime, the statute calls for a minimum of five years imprisonment if convicted and a maximum of twenty-five years.

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