Tuesday, May 25, 2010

My 12 year old may be charged with disorderly conduct (O.R.C.2917.11 (A) for pantsing another student?

The pants came down almost under the butt - and the other student had boxers on - If we don't show for our "community Diversion Program" court action could be taken - (complaints have been filed) - could he really be charged in court for this ?!!
Answers:
ha! sorry. but what the hell? lighten up everybody, no harm no foul. i can't believe complaints (more than 1?) have been filed. what kind of society are we becoming?
I'm surprised it's not considered assault.

Tell him that is inappropriate behavior.
It's called assault. (No pun intended.) Yes, he can be charged.
Yes, he really could get charged in Ohio for that. It's called disorderly conduct.

2917.11 Disorderly conduct.
(A) No person shall recklessly cause inconvenience, annoyance, or alarm to another by doing any of the following:

(1) Engaging in fighting, in threatening harm to persons or property, or in violent or turbulent behavior;

(2) Making unreasonable noise or an offensively coarse utterance, gesture, or display or communicating unwarranted and grossly abusive language to any person;

(3) Insulting, taunting, or challenging another, under circumstances in which that conduct is likely to provoke a violent response;

(4) Hindering or preventing the movement of persons on a public street, road, highway, or right-of-way, or to, from, within, or upon public or private property, so as to interfere with the rights of others, and by any act that serves no lawful and reasonable purpose of the offender;

(5) Creating a condition that is physically offensive to persons or that presents a risk of physical harm to persons or property, by any act that serves no lawful and reasonable purpose of the offender.

(B) No person, while voluntarily intoxicated, shall do either of the following:

(1) In a public place or in the presence of two or more persons, engage in conduct likely to be offensive or to cause inconvenience, annoyance, or alarm to persons of ordinary sensibilities, which conduct the offender, if the offender were not intoxicated, should know is likely to have that effect on others;

(2) Engage in conduct or create a condition that presents a risk of physical harm to the offender or another, or to the property of another.

(C) Violation of any statute or ordinance of which an element is operating a motor vehicle, locomotive, watercraft, aircraft, or other vehicle while under the influence of alcohol or any drug of abuse, is not a violation of division (B) of this section.

(D) If a person appears to an ordinary observer to be intoxicated, it is probable cause to believe that person is voluntarily intoxicated for purposes of division (B) of this section.

(E)(1) Whoever violates this section is guilty of disorderly conduct.

(2) Except as otherwise provided in division (E)(3) of this section, disorderly conduct is a minor misdemeanor.

(3) Disorderly conduct is a misdemeanor of the fourth degree if any of the following applies:

(a) The offender persists in disorderly conduct after reasonable warning or request to desist.

(b) The offense is committed in the vicinity of a school or in a school safety zone.

(c) The offense is committed in the presence of any law enforcement officer, firefighter, rescuer, medical person, emergency medical services person, or other authorized person who is engaged in the person’s duties at the scene of a fire, accident, disaster, riot, or emergency of any kind.

(d) The offense is committed in the presence of any emergency facility person who is engaged in the person’s duties in an emergency facility.

(F) As used in this section:

(1) “Emergency medical services person” is the singular of “emergency medical services personnel” as defined in section 2133.21 of the Revised Code.

(2) “Emergency facility person” is the singular of “emergency facility personnel” as defined in section 2909.04 of the Revised Code.

(3) “Emergency facility” has the same meaning as in section 2909.04 of the Revised Code.

(4) “Committed in the vicinity of a school” has the same meaning as in section 2925.01 of the Revised Code.

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When they cited your son, they gave you something that said just 2917.11(A)? There wasn't another letter or number after the "A"?
Welcome to the hell created by the democrats.
Yes, he can be charged with this.
Speak to a lawyer, my dear. This is real serious. I suggest you get your answers from a lawyer that has knowledge of such situations.

MAYBE IF YOU HAD MONEY LIKE PARIS. PARIS ALREADY OUT OF JAIL, SHE JUST HAD TO THROW A KISS AT THE JUDGE.
When I pantsed a kid last year in gym class, all I got was a saturday school. But the kid never came back to school.

He could, but I think they'll just give him community service.
Have you thought that maybe you should take him to the program and let him receive his punishment for his behavior? Or maybe you could, as well, tell him and show him that behavior is wrong and that certain behavior gets punished? Maybe then this will be the last time he is charged with disorderly conduct. I doubt very highly that he got this punishment for one incident. Smells like this is in a stream of events that would be considered disorderly.

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No excuses. I work with someone who has a very low IQ and she would never consider doing anything malicious to someone, and she would never consider something like that remotely funny. So, it lays right on the parents shoulders. It's what the parents teach the kids, that the kid mostly learns. You can either help your child grow up into being a responsible adult, or be a crutch.

Obviously there is some truth to what I said, and the last responder said or you wouldn't have been so defensive about it.

***********

The advice I give as a mother, is to let your child receive his punishment,, don't give him the idea that he can give it and not take responsibility for his actions. You will have less legal trouble in the future.
Haven't you heard of home land security. We have a concern for wmds, no buts about it. All we need is a pair of good boxers and we can clean their clocks anywhere. We are not talking division, divergance, deliverence or what ever, we simply need good examples.
Did you kick his ***? How would you feel if you got pantsed or if your son was the one who got pantsed.
That should not be the question...the question should be how blind are you to your 12 year old being a bully...
The thing is that this punishment is more than likely for numerous events leading up to this
It depends on your school district.
It's an environment- today of zero tolerance. I.Q. no longer matters, it's the action of one student towards another or faculty.

The district can be sued for failure to protect.
Wide open to lawsuits.
They are trying to save themselves a 2.5 million dollar judgments by instituting this diversion program to show they have policies in place to correct behaviors and protect the students/staff on campus during school hours.


Please show for the diversion program- I know. It bites, but this will go away upon completion of the program. Get that promise in writing!
yes and needs to be, he done it ,Have you ask your self what this has done mentally to the others He done it to. Sure we all make mistakes, BUT we all have to pay for or mistakes.Probably get probation, And when he dose it again is when serious actions or taken, But who is to say what the ones He done it to could do to Him.Our children are killing each other because of things like this...Its the mental part of it that the children cant deal with .Like the other children teasing the ones He done this too...Get Him some Help and bust His a..and make him learn from the wrong He has done...Instead of trying to sugar coat it.

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