Chayav misa? I suppose he was watched by two shomer shabbos adult male witnesses, fit to testimony, who warned him and he carried on, and that the abuse was a highly specific one and with certain specifications which we don’t detail because we either know it already, or the coffeeroom is not the place to learn such details. If not, then looks like it’s going to be a bit of a problem for those who accuse him of a capital crime.
And after all, we can’t impose penalties outside of Torah can we?