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Original post made
on May 30, 2014
They are part of a generation that has experienced real-world success at an early age through their startups and nonprofits, pursued interests as diverse as music, sports and world affairs, and explored the potential of technology they've been immersed in all their lives.
Read the full story here Web Link
posted Friday, May 30, 2014, 12:00 AM
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Posted by Steve Dallas
a resident of Palo Alto High School
on May 30, 2014 at 3:30 pm
Paly grad Kian McHugh states, "I understand the gravity of the situation and the legalities behind it, but going from watching the tradition that all seniors have gone through to being told I could be a legal sex offender ... if I were caught streaking is a very intense transition. And that's the direction we're headed. I think certain limitations are good, but we definitely have to be careful because if it does go too far it could taint what makes Paly so wonderful. High school students need to keep a sense of fun."
After the administration received complaints from staff and parents they had no choice but to crack down on streaking. However, I agree with Kian that the method employed was unfortunate particularly when the threat of having to register as a lifetime sex offender is not supported by law. Streaking per se does not constitute indecent exposure as defined under CA penal code Section 314. Lewd intent must be proven which is further defined by the following California Case Law:
In re Smith, (1972) 7 Cal.3d 362, 366. ("From the foregoing definitions and cases the rule clearly emerges that a person does not expose his private parts "lewdly" within the meaning of section 314 unless his conduct is sexually motivated. Accordingly, a conviction of that offense requires proof beyond a reasonable doubt that the actor not only meant to expose himself, but intended by his conduct to direct public attention to his genitals for purposes of sexual arousal, gratification, or affront.") See Web Link
In re Dallas W., (2000) 85 Cal.App.4th 937, 938. ("The juvenile court found this was "a mooning case," and that Dallas had "exposed his buttocks ... with the intent to annoy and affront people." The court specifically found that Dallas did not act with "sexual intent in the sense that he intended to arouse himself or a third person by his act. I think he did it strictly to annoy and to affront people." The petition was nevertheless sustained, and Dallas was made a ward of the court. He appeals. Because the court found Dallas acted without any sexual intent, we reverse [his indecent exposure conviction].") See Web Link
Furthermore under the California Ed Code students may not be suspended for streaking if it is a first time offense:
48900.5. (a) Suspension, including supervised suspension as
described in Section 48911.1, shall be imposed only when other means
of correction fail to bring about proper conduct. A school district
may document the other means of correction used and place that
documentation in the pupil's record, which may be accessed pursuant
to Section 49069. However, a pupil, including an individual with
exceptional needs, as defined in Section 56026, may be suspended,
subject to Section 1415 of Title 20 of the United States Code, for
any of the reasons enumerated in Section 48900 upon a first offense,
if the principal or superintendent of schools determines that the
pupil violated subdivision (a), (b), (c), (d), or (e) of Section
48900 or that the pupil's presence causes a danger to persons.
Section 48900 defines a-e as:
(a) (1) Caused, attempted to cause, or threatened to cause
physical injury to another person.
(2) Willfully used force or violence upon the person of another,
except in self-defense.
(b) Possessed, sold, or otherwise furnished a firearm, knife,
explosive, or other dangerous object, unless, in the case of
possession of an object of this type, the pupil had obtained written
permission to possess the item from a certificated school employee,
which is concurred in by the principal or the designee of the
(c) Unlawfully possessed, used, sold, or otherwise furnished, or
been under the influence of, a controlled substance listed in Chapter
2 (commencing with Section 11053) of Division 10 of the Health and
Safety Code, an alcoholic beverage, or an intoxicant of any kind.
(d) Unlawfully offered, arranged, or negotiated to sell a
controlled substance listed in Chapter 2 (commencing with Section
11053) of Division 10 of the Health and Safety Code, an alcoholic
beverage, or an intoxicant of any kind, and either sold, delivered,
or otherwise furnished to a person another liquid, substance, or
material and represented the liquid, substance, or material as a
controlled substance, alcoholic beverage, or intoxicant.
(e) Committed or attempted to commit robbery or extortion.
See: Web Link