mn311601

Hello,

I've only flown one round trip in my life and it was before 9/11, but like all of you I'm outraged at what the TSA and the government are doing at airports across the country. Unfortunately, the vast majority of the public doesn't fly that much and gets their opinions from 24/hr news stations, having no thoughts of their own.

I have a question about a scenario for you all that I was thinking about. According to 18 U.S.C. § 2242, sexual abuse is defined as the following:

18 USC Sec. 2242 02/01/2010

-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 109A - SEXUAL ABUSE

-HEAD-
Sec. 2242. Sexual abuse

-STATUTE-
Whoever, in the special maritime and territorial jurisdiction of
the United States or in a Federal prison, or in any prison,
institution, or facility in which persons are held in custody by
direction of or pursuant to a contract or agreement with the head
of any Federal department or agency, knowingly -
(1) causes another person to engage in a sexual act by
threatening or placing that other person in fear (other than by
threatening or placing that other person in fear that any person
will be subjected to death, serious bodily injury, or
kidnapping); or
(2) engages in a sexual act with another person if that other
person is -
(A) incapable of appraising the nature of the conduct; or
(B) physically incapable of declining participation in, or
communicating unwillingness to engage in, that sexual act;

or attempts to do so, shall be fined under this title and
imprisoned for any term of years or for life.


What would happen if someone had 911 on speed dial and called them to report a sexual assault in progress while receiving a TSA pat down? The police would have to respond and I'm sure the TSA wouldn't be happy and would try to make your life miserable, but would anything come of the charges you would file?

From what I've read on here and other places on the internet, the TSA's position is that buying a ticket is an agreement to submit to a search of your person prior to getting on an airplane. This section of the USC would seem to make what the TSA is doing illegal, government mandate or not.

tehiota

I mentioned something similar in another thread, but can't find it. When you call 911 from an airport, it goes to the airport PSAP and dispatched to APD/AFD. So basically, you're going to get the APD responding to your call and they're going to mad at you for wasting their time and possibly placing a prank/false 911 call.

If you have 4 or 5 bars on your cell phone, your provider most likely has a cell system in the airport and yes, your 911 call will get routed to the Airport. If you have 1 or 2 bars, you may be talking to an outside tower, but that's less likely at a 'major' airport.

mn311601

I don't see how they can say it's a prank/false call when the TSA agents are blatantly violating the USC. Even so, if enough people started to do this every time they were pat down, eventually the message would get across.

Ellie M

What the TSA is doing does not violate the federal sexual abuse statute. That statute applies to "the special maritime and territorial jurisdiction of
the United States or in a Federal prison, or in any prison, institution," So basically vessels at sea and prison. Despite TSA's beliefs, airports aren't prisons quite yet.

RichardKenner

As a general rule, things like assult, murder, robbery, and most other crimes are not Federal crimes, but rather state crimes. So you need to look at the laws in your state. That being said, there are probably a dozen threads on this topic already.

boiflyer

Based on my experience of talking to a LEO after getting my testicles and anus touched by a TSO without the TSO specifically stating he was going to do so, I would not call 911.

I would recommend having witness (either a person or a recording device), and ask specific questions and tell them you will comply as long as you are specifically told what is going on before allowing them to proceed.

I did exactly that and was told by a 3-striper they would not touch my testicles. The TSO then proceeded to do exactly that. When he also touched my anus and I stopped the patdown and voiced my concern, the TSO told me I should have "deduced" that my anus was going to be touched .

You can then, *try* to talk to a LEO and make a complaint. Remain calm and non confrontational and just let the LEO know you request them to take a complaint as they would anywhere else outside of an airport. It didn't really get anywhere in my specific example other than learning LEO told me the Constitution did not apply at the airport, the Supreme Court had already ruled on it, there was no criminal intent, he did not agree with what they do, and for me to use a TSA complaint form.

Affection

I would call 911 and complain under state battery/sex crimes laws, rather than that statute. The TSA would argue that they don't "have you in custody," and in my non-lawyerly opinion, would win that argument.

--Jon

____________________________________
My lawsuit against the TSA:
http://tsaoutofourpants.wordpress.com/

PDILLM

Did your anus get specificially touched or just your buttocks? Seems like it would be difficult to spread ones buttocks through their clothes and then hold them open to then touch the anus. Did the finger on the blue glove turn brown?

jkhuggins

IANAL. But I suspect that such a tactic isn't going to work out well.

TSA will claim that you consented to the contact when you entered the checkpoint ... either by passing the sign notifying you of the screening procedures, or by agreeing to the pat-down, or both. The natural counter-response would be to claim that the consent was not informed; you didn't know exactly what kind of contact would be occurring. But TSA's claims inserted into the process now create reasonable doubt as to whether a crime actually occurred.

And I suspect that most beat cops aren't going to get into that debate. You might get them to take a complaint. If you're supremely lucky, you might find a rare DA who would be willing to prosecute. But I'm not sure how many local DAs would really be interested in taking on the federal government.

Saitek

maybe instead of giving your info to the offending TSO maybe you should demand THEIR info, you want to see THEIR drivers license. Then, once off the property head on over to your local police station / district attorneys office and press criminal charges against the individual 'officers'

eyecue

This has been beat to death. First off you wont be able to get to your phone and second you would be charged with false reporting of a crime.

Ellie M

You really should look into what constitutes false reporting of a crime before throwing that threat out there.

gojirasan

Unless the crime weren't false. If The TSO had committed "sexual assault" or "indecent assault" as defined in that particular state he would be liable for it. As to the phone issue, you would have to ask for the airport police and if they didn't allow you to file a complaint then ask for their supervisor etc until you can reach someone who allows you to file a complaint. Otherwise just walk over and get your cell phone and dial 911. I am not aware of any immunity the TSO has in the face of sexual/indecent assault charges. Although it wouldn't surprise me if they eventually did get such immunity, especially after a few succesful TSO prosecutions.

meisterau

Has to be sexual intent. Not from receiver's side but from do'ers and the TSA do not have sexual intent despite what posters here say. They are doing their job to keep you safe. So next time, just say "Thank You"

Caradoc

No, they're not.