high school prank

[angelal319]

What is the name of your state? Missouri

A friend of my daughter pulled a prank on one of his teachers. First let me say that I don't agree with what he did, and I would be angry too. Here's what he did:
He pulled down the back of his pants and rubbed the teacher's coffee cup on his behind

I know that's disgusting!!! I would be angry too. But here is deal- the teacher is pressing charges against this boy who is 17- a junior in HS. The police came to the school and arrested him- all the while saying that it was the funniest thing they had ever heard of and it was silly that he was being arrested for it. They are charging him as an adult for indecent exposure- and will put him on the sex offender registry to the rest of his life. I guess his lawyer thinks that this will be reduced or is going to try. The thing is- this boy has never been in any trouble, is a good student, and just made a really bad decision- and completely is taking responsibility for that. Today the school board was going to decide whether they were going to suspend him for the rest of the school year too. I just think they are taking all of this way too far!!! A high school teacher has to expect at some point in his career that he will be the subject of a prank.
I realize he has to pay for what he has done- but does anyone have any advice as to what steps he could take at this point?

 

[racer72]

but does anyone have any advice as to what steps he could take at this point?

How about hiring a lawyer. He will also find out that there are a lot of folks stuck in dead end jobs because they did something stupid. Put yourself in the teacher's place, how would you feel if someone rubbed their butt all over something you put in your mouth?

 

[angelal319]

How about hiring a lawyer. He will also find out that there are a lot of folks stuck in dead end jobs because they did something stupid. Put yourself in the teacher's place, how would you feel if someone rubbed their butt all over something you put in your mouth?

Like I said, I would be very angry about it. I wouldn't, however, ruin a young man's life over it. I can see suspending him from school for awhile- not completely expelling him. I can also see making him pay for his bad choice- but I DEFINITELY don't think he should be on the SEX OFFENDER LIST for the rest of his life. He would have to notify the local authorities everytime he moved- I don't think this should be a sex offense.

 

[fairisfair]

Yes, this is gross, but doesn't a charge of indecent exposure require the person to "willingly and knowfully expose him/herself in a manner so as to create alarm or distress" ?

 

[angelal319]

Yes, this is gross, but doesn't a charge of indecent exposure require the person to "willingly and knowfully expose him/herself in a manner so as to create alarm or distress" ?

I don't know- but if that's the case- I wouldn't consider this to fit into that category. I'll tell him to talk to his attorney and see what they can do about that.
Thanks

 

[fairisfair]

I don't know- but if that's the case- I wouldn't consider this to fit into that category. I'll tell him to talk to his attorney and see what they can do about that.
Thanks

I was hoping that one of the attorneys on site would comment on that, give them time, they will come around to the posting. In the meantime, yes, I would definitely have him ask, Missouri has changed it's laws several times in regard to this charge, it was considered too be to broad previously.

 

[Mbarr77]

Indecent exposure is actually defined as exposing one's genitals or socially deemed "private parts" in a public place where others are present and may witness the act. In some cases it is deemed to be for sexual excitement, but it can also be considered an act of social rebellion. Which is why I am thinking they are charging him with this. Also, because he committed this act likely in the presence of other minors he may actually be subjected to a harsher penalty, and is also likely why he would have to register on the sex offender list.

 

[averad]

Im so glad out society has come to the point of registering sextual offender for coffee cup rape.

 

[fairisfair]

Indecent exposure is actually defined as exposing one's genitals or socially deemed "private parts" in a public place where others are present and may witness the act. In some cases it is deemed to be for sexual excitement, but it can also be considered an act of social rebellion. Which is why I am thinking they are charging him with this. Also, because he committed this act likely in the presence of other minors he may actually be subjected to a harsher penalty, and is also likely why he would have to register on the sex offender list.

That is partially correct, Missouri is at least one state that has changed the laws, especially regarding another person being present. Example, a person sending pictures of themselves over the internet, no one is present, but still indecent exposure laws apply. Public urination is another reason that the laws have been changed to include the purpose of "exposure" , obviously the intent is not to alarm or expose oneself to another, but still persons were charged with indecent exposure. I think they are charging him with this because they have a really pissed off teacher, I doubt this will be the eventual outcome.

 

[Mbarr77]

That is partially correct, Missouri is at least one state that has changed the laws, especially regarding another person being present. Example, a person sending pictures of themselves over the internet, no one is present, but still indecent exposure laws apply. Public urination is another reason that the laws have been changed to include the purpose of "exposure" , obviously the intent is not to alarm or expose oneself to another, but still persons were charged with indecent exposure. I think they are charging him with this because they have a really pissed off teacher, I doubt this will be the eventual outcome.

I see your point, and I agree that chances are the final outcome may not be as harsh as what it appears right now....

 

[Mediate This!]

Like I said, I would be very angry about it. I wouldn't, however, ruin a young man's life over it. I can see suspending him from school for awhile- not completely expelling him. I can also see making him pay for his bad choice- but I DEFINITELY don't think he should be on the SEX OFFENDER LIST for the rest of his life. He would have to notify the local authorities everytime he moved- I don't think this should be a sex offense.

Put him on the sex offender's list?

Oh please. That's a crock of crap. There's absolutely no grounds for that.

Personally, I think the kid should be expelled. Although I don't think it'll go that far. The way kids act nowadays is past the point of pathetic. It hasn't been THAT long since I've graduated from high school and the biggest prank anyone ever thought of doing was toilet papering the school grounds.

Now, kids seem to be audition for "Jackass" or some other reality TV show. They are just outright disrespectful and seem to get a thrill off of CRIMINAL activity -- thinking nothing will happen.

Should have the police have been called?

No. This is a matter that should've been dealt strictly with the school and the Administration.

 

[stealth2]

Yes, this is gross, but doesn't a charge of indecent exposure require the person to "willingly and knowfully expose him/herself in a manner so as to create alarm or distress" ?

You wouldn't be alarmed or distressed to see his pimply a$$?

 

[Ohiogal]

Like I said, I would be very angry about it. I wouldn't, however, ruin a young man's life over it. I can see suspending him from school for awhile- not completely expelling him. I can also see making him pay for his bad choice- but I DEFINITELY don't think he should be on the SEX OFFENDER LIST for the rest of his life. He would have to notify the local authorities everytime he moved- I don't think this should be a sex offense.

She is not ruining the young man's life. he is doing that on his own. It is the type of crime he committed. Mooning and goosing (around here showing the frontal groin area) IS indecent exposure and CAN get the person placed on the sex offender list. His fault. Actions have consequences. he has to pay them for his consequences.

 

[Ohiogal]

Put him on the sex offender's list?

Oh please. That's a crock of crap. There's absolutely no grounds for that.

Personally, I think the kid should be expelled. Although I don't think it'll go that far. The way kids act nowadays is past the point of pathetic. It hasn't been THAT long since I've graduated from high school and the biggest prank anyone ever thought of doing was toilet papering the school grounds.

Now, kids seem to be audition for "Jackass" or some other reality TV show. They are just outright disrespectful and seem to get a thrill off of CRIMINAL activity -- thinking nothing will happen.

Should have the police have been called?

No. This is a matter that should've been dealt strictly with the school and the Administration.

And I can agree with you on some of this. He should be expelled and he should not be a registered sex offender because of this. However, the police being called is where we separate. What he did is criminal and if he is a good kid he wouldn't have rubbed his butt on her coffee cup which could spread disease. This is a legal matter.
Do I think he would be found guilty as a sex offender? I would hope not. Do I think he might be found guilty of a lesser charge -- maybe. Good kids don't do stuff like this. Somewhere he got the idea that he could get away with it. Maybe this will be a wake up call.

 

[BelizeBreeze]

There is no such law in Missouri as Indecent exposure anymore. The law was deemed unconstitutional as a result of State of Missouri v. James A. Beine. The correct charge now would be Sexual Misconduct.

Sexual misconduct, second degree, penalties.
566.093. 1. A person commits the crime of sexual misconduct in the second degree if such person:

(1) Exposes his or her genitals under circumstances in which he or she knows that his or her conduct is likely to cause affront or alarm;

(2) Has sexual contact in the presence of a third person or persons under circumstances in which he or she knows that such conduct is likely to cause affront or alarm; or

(3) Has sexual intercourse or deviate sexual intercourse in a public place in the presence of a third person.

2. Sexual misconduct in the second degree is a class B misdemeanor unless the actor has previously been convicted of an offense under this chapter, in which case it is a class A misdemeanor.

That being said, this Dumbass needs an attorney and now. And the attorney's first job will be to get the case remanded back to family court.

Now, if anyone wants to read the case, the REASON this school counselor was charged with such a crime is because he used the students bathroom.