Judge Tosses 3 NY Lawsuits Against Ex-Elmo Actor

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Sex with a person under age 17 is a felony in New York if the perpetrator is 21 or older.

Adam D. Horowitz, an attorney for the men who brought the lawsuits, noted that the case was dismissed only on statute of limitations grounds.

“It should not be viewed as a vindication for Kevin Clash or a determination that he is innocent,” Horowirz said. “We are considering an appeal of this decision. We are also still hearing from more of his alleged victims.”

Other lawyers on both sides of the case did not immediately return messages seeking comment.

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