I have a question for you about a juvenile case that Iím working on. There were two students who decided to use their cell phones to take pictures under the teacherís skirt because they were bored after finishing a class project. One of the students showed the picture to a couple of other students in the class. The pictures have since been deleted and have not been posted on any social web sites. Is there ground to charge them with voyeurism or obscenity? Also, if Breach of Peace only applies would it be best to go through JRB instead of Court?On the facts you have described, I'm not sure the obscenity statute (CGS section 53a-194) would apply. I would say that the crime of voyeurism (CGS section 53a-189a) would apply to each kid and, for the one that shared the pictures, the crime of disseminating voyeuristic material (CGS section 53a-189b) would also apply.
Since both of these charges are felonies, they might not be appropriate for the JRB.
In a case of this nature, I would speak to the teacher about the JRB and get her thoughts. She probably knows the kids involved and might have an opinion regarding the JRB option versus going to court. I would be guided by her decision because of the personal nature of the offenses. If she agrees to the JRB referral, you could charge breach of peace if the JRB is unable or unwilling to take a felony charge. If she has a problem with a JRB referral, the cases should go to court.
Ordinarily a victim would not dictate the decision to divert a case to the JRB but, in a case like this that could go either way, or where the crime is so personal in nature, the position of the victim should be considered.
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