My question involves criminal law for the state of: California
My 19 yr old daughter was given alcohol by a 35 yr old male waiter at a restaraunt that does not serve, nor is lisenced to serve, alcohol. She was with a 21 yr old friend who was also served alcohol at the same restaraunt. They willingly and knowingly consumed the alcohol, that was purchased by the waiter and poured into their glasses secretly, without other staff members noticing. He was also drinking at work. My daughter became seriously drunk...and ended up driving her friend and herself home (I know, I know!) Horrifically horrible choices being made here.
The rest of my story is long and gets very complicated, but here it is in a nutshell...
After several text messages between myself and the waiter (he assumed he was texting with my daughter), he came to my home that evening with even more alcohol for her...hoping she would provide him with naked photos of herself and a friend once drunk. I confronted him and he admitted everything. I also have the text messages with him acknowledging he knew her age, provided the alcohol at the restaraunt, was drinking himself, and came to the house with the intent to provide her with more acohol.
Questions: If I report him to the police, is it possible for my daughter to be charged also? If he claims that her friend (21) also at some point in time, purchased alcohol for her (which I suspect she did), is it possible her friend will be charged as well? This guy is on probation and as a condition, he is not allowed to drink. What are the possible penalties if he is charged? What are the possible charges and pentalties for my daughter and her friend if the officer decides to charge them also?
I spoke with the sheriffs dept very briefly over the phone and the lady told me it was unlikely that he would be charged. She said it was the sole discretion of the officer I speak with, as to whether a report would be made, but said he/she 'probably won't make a report about something like that'.
Please give me any advice you can...this guy is a registered sex offender (pled guilty to molesting a 15 yr old girl) and he knows where we live. He knows where my daughter goes to school. My daughter, while is recognized as an adult because she is 19, is a special needs kids with a very low IQ. She looks 13 at most. He got lucky...a mentally and physically young looking girl, with a legally consentable age. I realise the 'other' things he did with and to her are not illegal because she is 19, but they were wrong on many levels.
I'm very afraid of what he might do if I go ahead and speak with the police. On the flip side, I'm afraid if he gets away with this completely, he may do it again with some other poor girl. I was able to intevene before it went any further....next girl might not be as lucky.
Thanks in advance for any advice you can give me.

