I never once said it was normal or not a crime. I said it is unlikely that a crime can be (or will be) prosecuted, and aside from one disorderly conduct offense, it is unlikely another could be readily articulated.
Whether you like my reply or not, it is a simple fact that the law is as it is, and this is not likely to see the inside of a courtroom even if the officer felt this was the most heinous thing he or she had ever seen (and if so, I would question the officer's experience - and knowledge of juvenile law).
Likewise, neither the officer, nor the school, nor the parents can arbitrarily alter the rules under which the school must conduct itself and mete out penalties. The school board can exact a further suspension if they wish, but no more than 20 days in total and that would leave them with no more suspension days for the year. But, suspension - staying away from school - is often nothing more than a holiday if the kids are miscreants anyway.
Most schools have, and I believe all of them here are required, to have policies that address bullying and this could certainly fall within that realm. The school would still be within its rights to compel the child to attend classes or sessions on bullying, and depending on the program in place, perhaps it would be effective. Not knowing the kids involved or the specific details, it would be impossible for me to say whether I think the program might be effective.
Regardless of your belief that my thoughts on this are cavalier and dismissive, they reflect the reality of the legal situation as they exist in CA (provided the P has provided an adequate summary of the facts). I have spent more than a decade as a juvenile crimes investigator, am an educator myself, and have worked closely with the schools over the years to develop programs and policies to address deviant behavior in the schools. Obviously, I cannot speak to the policies and practices in every jurisdiction, and certainly not in other states, so mileage might vary to some degree - but not much, at least in CA.
Oh, and yes, kids are doing some pretty stupid stuff with those darn phone cameras. You might be surprised. For the most part these are being handled in house (at the school) and not being reported to the police. To me this kind of abuse with a cell phone is one of the reasons why they should sometimes be banned at school. They often encourage deviant behavior such as recording fights, pranks, embarrassments, etc.,, and then uploading them to YouTube and elsewhere. Indeed, they can be banned in CA schools and up until a few years ago they were prohibited entirely.
Yes, the kids involved should be punished. They should face discipline at the school, even greater discipline at home, and they should receive some sort of education geared towards addressing teasing, bullying, etc. No, I do not believe criminal prosecution is warranted. If that makes me a Neanderthal, I'll accept that. But, the hammer of the criminal justice system should not be wielded solely to spank a child who behaved poorly.
