Hero: District Attorney Vows To Prosecute Overly-Touchy TSA Pat-Downs
At first blush I was inclined to think that what does and does not constitute an appropriate pat-down was going to fall within the definition of what the TSA is already doing, with the DA warning that any abuse of the situation by screeners going further would be prosecuted. But after reading the article, it would seem as though the TSA’s new screening practices may well violate California state law:
AN MATEO COUNTY, Calif. (KGO) — The San Mateo district attorney’s office has a warning for all TSA personnel at SFO — anyone inappropriately touching a passenger during a security pat down will be prosecuted.
Incoming San Mateo DA Steve Wagstaffe says any complaints of inappropriate touching during an airport security pat down will land on his desk.
“The case would be reviewed and if we could prove the elements of it, that it was inappropriately done with a sexual or lewd intent, that person would be prosecuted,” he said.
The charge — sexual battery.
“If it is skin to skin, if someone were to take their hand and put it underneath somebody’s blouse and touch someone inappropriately and go skin to skin, that’s a felony, and if it’s done simply over the clothing, according to California law, that’s a misdemeanor,” Wagstaffe said.
The hang up is going to be intent. Does the man feeling your crotch for explosives have lewd intent? Does the woman running her hands over your breasts have sexual intent? Given the situation – an airport security screening – the onus is going to be on the complainant to prove that there was sexual or lewd intent. Something that’s pretty much impossible to prove in these situations even if it exists.
Which speaks to another problem with this situation. Even if the TSA agent gives you a little extra squeeze while patting you down, how do you prove it? It’s such an intimate encounter it’s going to be your word against theirs.
Again, difficult to prove.
Maybe Americans shouldn’t be put in this situation to begin with.
Tags: california, privacy, tsa
