Margaretville Man Indicted for Alleged Rape

DELHI — Delaware County District Attorney Shawn J. Smith announced the unsealing of a seven-count indictment against Mason A. Kowatch, 18, of Margaretville on April 18.

Count One alleges Rape in the First Degree, a Class B Felony. It is alleged that on or about October 22, 2024, Kowatch used force to compel a child victim to engage in vaginal sex with him.

Count Two alleges Rape in the Third Degree, a Class E Felony. It is alleged that on or about October 22, 2024, Kowatch engaged in vaginal sexual contact with another person without their consent.

Count Three alleges Promoting a Sexual Performance by a Child, a Class D Felony. It is alleged that Kowatch on or about June 7, 2024, knowing the character and content thereof, did produce a performance which included sexual conduct by a child less than seventeen years of age. 

Count Four alleges Promoting a Sexual Performance by a Child, a Class D Felony. It is alleged that Kowatch on or about June 8, 2024, knowing the character and content thereof, did produce a performance which included sexual conduct by a child less than seventeen years of age. 

Count Five alleges Unlawful Surveillance in the 2nd Degree, a Class E Felony. It is alleged that on or about June 7, 2024, Kowatch, for his own amusement, entertainment, sexual arousal or sexual gratification, did intentionally use an imaging device to surreptitiously record another person in an identifiable manner engaging in sexual activity at a time and place when they had a reasonable expectation of privacy, and without their knowledge or consent.

Count Six alleges Unlawful Surveillance in the 2nd Degree, a Class E Felony. It is alleged that on or about June 8, 2024, Kowatch, for his own amusement, entertainment, sexual arousal or sexual gratification, did intentionally use an imaging device to surreptitiously record another person in an identifiable manner engaging in sexual activity at a time and place when they had a reasonable expectation of privacy, and without their knowledge or consent.

Count Six alleges Unlawful Surveillance in the 2nd Degree, a Class E Felony. It is alleged that on or about July 2, 2024, Kowatch, for his own amusement, entertainment, sexual arousal or sexual gratification, did intentionally use an imaging device to surreptitiously record the sexual or intimate parts of a person at a time and place when they had a reasonable expectation of privacy, and without their knowledge or consent.

As with all cases involving minors, the identity of the victim is being withheld per office policy.

District Attorney Shawn Smith commended Investigator Adam Cernauskas of the New York State Police for his thorough investigation into this serious case. DA Smith also thanked the tireless advocates at Safe Against Violence for making sure the victim was and is supported as the case progresses. 

Chief Assistant District Attorney Richard D. Northrup Jr. presented the case to the Grand Jury.

Indictments and Criminal Complaints are allegations.  All defendants are presumed innocent unless proven guilty.