- My Forums
- Tiger Rant
- LSU Recruiting
- SEC Rant
- Saints Talk
- Pelicans Talk
- More Sports Board
- Fantasy Sports
- Golf Board
- Soccer Board
- O-T Lounge
- Tech Board
- Home/Garden Board
- Outdoor Board
- Health/Fitness Board
- Movie/TV Board
- Book Board
- Music Board
- Political Talk
- Money Talk
- Fark Board
- Gaming Board
- Travel Board
- Food/Drink Board
- Ticket Exchange
- TD Help Board
Customize My Forums- View All Forums
- Show Left Links
- Topic Sort Options
- Trending Topics
- Recent Topics
- Active Topics
Started By
Message
re: Teacher who had phone stolen and nudes stolen may face criminal charges
Posted on 3/2/16 at 2:32 pm to KG6
Posted on 3/2/16 at 2:32 pm to KG6
quote:
Is it theft if he didn't distribute them? Honest question. If you left your phone on the table at a restaurant and went to the bathroom. Then a person sits at your table and looks through your phone. Doesn't remove it from the table, just is looking through it. Can you have them arrested for theft? I guess that's where my folder analogy from yesterday came from. If it was just a file on the table and they opened it up, is that illegal and can you press charges? Again, no one is taking anything, just accessing and viewing.
I don't know if it falls under theft but I would assume it could fall under a hacking/illegal access of technology law if it exists.
0
Posted on 3/2/16 at 2:34 pm to KG6
quote:
Is it theft if he didn't distribute them? Honest question. If you left your phone on the table at a restaurant and went to the bathroom. Then a person sits at your table and looks through your phone. Doesn't remove it from the table, just is looking through it. Can you have them arrested for theft
Similar to the homeless guy that breaks into someone's house to take a nap. Regardless of their intention, the act remains - they broke in without permission.
Posted on 3/2/16 at 2:35 pm to RB10
quote:
A kid breaks into your house and finds a personal video of you and your lady/man doing the deed. Would you be charged then?
This is no different.
The fact that it was on her person at her workplace and in a setting dealing with minors does not equate her given situation to the one you depicted above.
Posted on 3/2/16 at 2:38 pm to saint amant steve
A better scenario would be her changing clothes in the school bathroom and forgetting to lock the door
Technically she just flashed a minor, but there was a reasonable expectation of privacy and a mistake was made that made it more accessible but not more intentional
Technically she just flashed a minor, but there was a reasonable expectation of privacy and a mistake was made that made it more accessible but not more intentional
Posted on 3/2/16 at 2:39 pm to KG6
There has to be a presumption of privacy.
Smartphones are are their own beast these days. They're no longer a simple communication device.
Smartphones are are their own beast these days. They're no longer a simple communication device.
Posted on 3/2/16 at 2:40 pm to saint amant steve
quote:
The fact that it was on her person at her workplace and in a setting dealing with minors does not equate her given situation to the one you depicted above.
You too?
Let me break it down for you:
Someone enters your house, takes a nude photo of you and distributes it without your permission = illegal
Someone accesses your phone, takes a nude photo of you and distributes it without your permission = illegal
It's really as simple as that. Whether unlocked or not, it's still illegal. That goes for both the home and the phone.
The analogy works just fine.
Posted on 3/2/16 at 2:40 pm to shel311
quote:
I mean, you'd agree that she can't literally have anything she wants on her phone and get away with it being made public just because it was illegally accessed, you'd agree with that, correct?
I mean if it's something that breaks the law like child pornography or something along those lines. That's a whole different story though and likely violates some pretty specific parts of her contract and some pretty obvious laws.
It would be like a kid walking in on her changing in a gym locker room because the door wasn't locked. Technically you can't be nude in front of your students but in that case there's expectation of privacy.
Posted on 3/2/16 at 2:40 pm to SlowFlowPro
quote:
Interim superintendent David Eubanks
idiot
Posted on 3/2/16 at 2:41 pm to idlewatcher
Yeah, I guess as soon as he swipes the phone open, it could be construed as a type of breaking and entering.
Posted on 3/2/16 at 2:41 pm to wildtigercat93
quote:I'd doubt it's against any school policy to change clothes in a bathroom though.
A better scenario would be her changing clothes in the school bathroom and forgetting to lock the door Technically she just flashed a minor, but there was a reasonable expectation of privacy and a mistake was made that made it more accessible but not more intentional
And while they didn't have a specific policy against her nudes on a cell phone, i can only guess they have a policy on possessing something like that while at school, logically speaking.
In your hypo, if the kid barged in intentionally, he should face action, but I wouldn't see any reason for the teacher to be responsible.
Posted on 3/2/16 at 2:43 pm to BluegrassBelle
quote:Sure, but what if it's something that breaks school policy, like not having pornographic material, which I'd imagine is a policy at any school?
I mean if it's something that breaks the law like child pornography or something along those lines. That's a whole different story though and likely violates some pretty specific parts of her contract and some pretty obvious laws.
quote:Whoa, freaky. Alter!!!
It would be like a kid walking in on her changing in a gym locker room because the door wasn't locked
Posted on 3/2/16 at 2:43 pm to SlowFlowPro
This only says the super thinks she should be charges. While I agree with the school's right to force her resignation, I do not agree with legal charges.
Posted on 3/2/16 at 2:44 pm to shel311
Well, she didn't lock the door like she didn't lock her phone.
Posted on 3/2/16 at 2:44 pm to upgrayedd
quote:True. I didn't think so at first, but just thinking about it logically, if he just swiped it open, went to camera roll, found nudes, I'd hope that is still breaking some kind of law as it's a huge invasion of privacy.
Yeah, I guess as soon as he swipes the phone open, it could be construed as a type of breaking and entering.
Posted on 3/2/16 at 2:44 pm to LSUTANGERINE
quote:
While I agree with the school's right to force her resignation
did the student get disciplined?
Posted on 3/2/16 at 2:44 pm to Topwater Trout
quote:From what i recall, he's currently under investigation.
did the student get disciplined?
Posted on 3/2/16 at 2:45 pm to upgrayedd
quote:Against school policy to possess porn, I'm sure.
Well, she didn't lock the door like she didn't lock her phone.
Not against school policy to change clothes in a bathroom, I'm guessing.
Posted on 3/2/16 at 2:46 pm to SlowFlowPro
I wonder how this case would be handled if instead of the teacher's phone being stolen by this kid it was a girl in his class. Would they be looking at charging her in the same manner they're looking at charging this teacher?
Posted on 3/2/16 at 2:46 pm to LSUTANGERINE
quote:
While I agree with the school's right to force her resignation, I do not agree with legal charges.
This is the American legal system. You cannot open one door and close the other. If the precedent is set in a civil court, then it is completely viable in criminal court. This is what those arguing on behalf of the school are failing to see. Either the student accessed information that was private, or the teacher allowed access. You cannot have your cake and eat it too.
Posted on 3/2/16 at 2:47 pm to shel311
quote:
Sure, but what if it's something that breaks school policy, like not having pornographic material, which I'd imagine is a policy at any school?
I guess if we really wanted to split hairs, simply by carrying a smartphone into school could be construed as bringing in porn simply for the fact that it has internet access. It takes less time to steal her phone and look up porn than it does to find a nude pic buried in her camera roll.
Page 6 of 13
Popular
Back to top
Follow TigerDroppings for LSU Football News