In 2011 two 14-year-old girls held an 11-year-old boy down and stripped him completely naked The girls then uploaded a video of him being held down naked to Youtube and they weren't prosecuted, why is this? https://web.archive.org/web/20110604124555/https://www.winknews.com/Local-Florida/2011-06-01/Online-video-shows-Fort-Myers-boy-being-bullied
Because the relevant law enforcement decided not to In the US (and indeed in all common law jurisdictions), law enforcement and prosecutors have discretion over when and if to lay charges by considering such things as the wishes of the victim, the prospects of success and whether charges would be just in the circumstances. At best, this allows a measured response to the particular situation. At worst, it enables discrimination and persecution. Either way it solves the problem of allocating limited resources to comparatively unlimited need.
The law of Texas is controlled by federal law, viz. the First Amendment. This item by the ACLU summarizes what that law is. Regarding your concern, public schools are not required to be "religion-free zones". Individuals have the right to hold and express their religious beliefs, or their lack of such beliefs, as long as it is contextually appropriate. That is, you don't get to invoke the First Amendment in the middle of a math lesson in order to engage in a rant. Students are allowed to try to persuade others to believe whatever they want, and students are allowed to be snarky about people who don't share their beliefs. Schools can teach about religion as part of the curriculum, though they cannot teach religion. It is okay to teach the historical fact that some guy decided based on the Bible that the world was created 10,000 years ago, but it not not okay to teach as a scientific fact that the world was created 10,000 years ago. Although I can't name a specific movie about Christmas that would be plainly objectionable to a non-Christian, we could assume that there is some such movie which is plainly advocacy of a religious viewpoint and which mocks Yazidism. A Yazidi student could then be excused from this movie, just as Christian students could be excused from attending an analogous Yazidi-advocating movie.
If an adult had physically restrained the miscreant brat, they could be sued for / charged with battery (which does not mean "beating up", per Cal Penal 242, it is the "willful and unlawful use of force or violence upon the person of another". In either case, there is a defense that can be mounted, the "defense of others" defense, to the effect that the person had a reasonable belief that it was necessary to prevent physical harm to others. Which means, the jury would imagine themselves in that situation and guess how likely it is that someone might get hurt. Lofting 5 lb chess pieces at a 2 year old could poke out an eye, especially since they haven't learned to duck at that age – however, I question (as would an opposing attorney) the characterization "quite dangerous". At any rate, it would depend on the level of danger posed. There is also a "proportionality" requirement for the defense of others defense: "The defendant used no more force than was reasonably necessary to defend against that danger" (CalCrim instruction 3470). The battery might not have been necessary, since simply getting between the criminal and his victims could have been sufficient. As to whether there would actually be a lawsuit, that depends in part on the mind-set of the parents. Assuming that the level of force did not rise above simple bodily contact, it is unlikely that a jury would vote to convict / find liable, but certainly not impossible. If under those circumstances the results would not be in serious doubt, then it is unlikely that the person would be prosecuted (the prosecutor wouldn't bother with such a case). We may also assume that a decent attorney would persuade the offended parent-client that it is not a good use of their money to pursue he matter. Still, the risk is not negligible, since you don't know whether you'll have bad luck with the jury, or whether the child suffers from eggshell skull syndrome and then you would be is serious trouble. I don't think the fears are unrealistic, though they may be improbable, and they could be definitive for people who live in fear.
Yes. This is treated as time served as several media accounts of sentencing hearings in these cases have demonstrated. See, e.g., this account in The Atlantic magazine, and this one in the newspaper USA Today, and this one in the newspaper the Houston Chronicle. I also saw a similar account in the L.A. Times but can't provide a link because my non-subscription access limit has been exceeded.
You are wrong that they never get into legal trouble. It isn't terribly common but it certainly happens to those that get relatively prominent. Many of the folks doing the copyright infringement are judgement proof. It makes little sense for Disney, for example, to sue some guy living in his parents' basement for uploading a clip of their movie when that guy has no assets. Financially, it wouldn't be worth the cost of a lawyer. Many of the folks doing the copyright infringement are in jurisdictions that look the other way. If you're a Russian citizen pirating content owned by American companies, the Russian authorities aren't going to cooperate and arrest you and the American companies likely can't recover any judgement they'd get because you don't have any assets in America. There is a whack-a-mole problem. If there are hundreds of people posting pirated content to Facebook and each one is running hundreds of pages, that's tens of thousands of pages posting content. By the time you identify and close all of them, the pirates will have created tens of thousands of new pages. There is a cat-and-mouse problem. Copyright owners have automated tools to scan for their IP to issue takedown notices. Piraters know this so they modify the video (posting it as a mirror image or adding some additional video elements) in order to evade the automated tools. If copyright owners have to manually identify pirated content, it's realistically not cost effective to do so. The humans finding that content would cost more than the business loses in revenue to pirates. Tracking down the actual human/ business behind the copyright infringement is often a fair amount of work and may involve motions in courts in multiple countries. That work tends not to be highly prioritized by law enforcement. If you're a small fish, it is unlikely that anyone would go to the effort of unmasking you in order to sue.
We're missing a lot of facts that would help drive the analysis. The first question I'd ask was whether this was part of an actual or attempted sex offense. If that's the case, the suspect could be facing particularly serious charges. Other information is also missing, such as the drug involved, whether it's on the list of controlled substances, her knowledge of the drug, her relationship to the suspect, and so on. Still, based on the information we've got and the inferences we can make from them, I could reasonably see the following charges being filed: Sec. 12-3. Battery. (a) A person commits battery if he or she knowingly without legal justification by any means (1) causes bodily harm to an individual Sec. 12-3.05. Aggravated battery. (g) Offense based on certain conduct. A person commits aggravated battery when, other than by discharge of a firearm, he or she does any of the following: (1) Violates Section 401 of the Illinois Controlled Substances Act by unlawfully delivering a controlled substance to another and any user experiences great bodily harm or permanent disability as a result of the injection, inhalation, or ingestion of any amount of the controlled substance. (2) Knowingly administers to an individual or causes him or her to take, without his or her consent or by threat or deception, and for other than medical purposes, any intoxicating, poisonous, stupefying, narcotic, anesthetic, or controlled substance, or gives to another person any food containing any substance or object intended to cause physical injury if eaten. Sec. 12-4.5. Tampering with food, drugs or cosmetics. (a) A person who knowingly puts any substance capable of causing death or great bodily harm to a human being into any food, drug or cosmetic offered for sale or consumption commits tampering with food, drugs or cosmetics. Sec. 12-5. Reckless conduct. (a) A person commits reckless conduct when he or she, by any means lawful or unlawful, recklessly performs an act or acts that: (1) cause bodily harm to or endanger the safety of another person; or (2) cause great bodily harm or permanent disability or disfigurement to another person. Sec. 21-1. Criminal damage to property. (a) A person commits criminal damage to property when he or she: (1) knowingly damages any property of another Sec. 11-1.20. Criminal sexual assault. (a) A person commits criminal sexual assault if that person commits an act of sexual penetration and: (2) knows that the victim is unable to understand the nature of the act or is unable to give knowing consent; Sec. 11-1.30. Aggravated Criminal Sexual Assault. (a) A person commits aggravated criminal sexual assault if that person commits criminal sexual assault and any of the following aggravating circumstances exist during the commission of the offense or, for purposes of paragraph (7), occur as part of the same course of conduct as the commission of the offense: (2) the person causes bodily harm to the victim, except as provided in paragraph (10); (3) the person acts in a manner that threatens or endangers the life of the victim or any other person; (4) the person commits the criminal sexual assault during the course of committing or attempting to commit any other felony; (7) the person delivers (by injection, inhalation, ingestion, transfer of possession, or any other means) any controlled substance to the victim without the victim's consent or by threat or deception for other than medical purposes; Sec. 11-1.50. Criminal sexual abuse. (a) A person commits criminal sexual abuse if that person: (2) commits an act of sexual conduct and knows that the victim is unable to understand the nature of the act or is unable to give knowing consent. Sec. 11-1.60. Aggravated criminal sexual abuse. (a) A person commits aggravated criminal sexual abuse if that person commits criminal sexual abuse and any of the following aggravating circumstances exist (i) during the commission of the offense or (ii) for purposes of paragraph (7), as part of the same course of conduct as the commission of the offense: (2) the person causes bodily harm to the victim; (5) the person acts in a manner that threatens or endangers the life of the victim or any other person; (6) the person commits the criminal sexual abuse during the course of committing or attempting to commit any other felony; or (7) the person delivers (by injection, inhalation, ingestion, transfer of possession, or any other means) any controlled substance to the victim for other than medical purposes without the victim's consent or by threat or deception. Sec. 9-1. First degree Murder (a) A person who kills an individual without lawful justification commits first degree murder if, in performing the acts which cause the death: (2) he knows that such acts create a strong probability of death or great bodily harm to that individual or another; or (3) he is attempting or committing a forcible felony other than second degree murder. Sec. 9-3. Involuntary Manslaughter and Reckless Homicide. (a) A person who unintentionally kills an individual without lawful justification commits involuntary manslaughter if his acts whether lawful or unlawful which cause the death are such as are likely to cause death or great bodily harm to some individual, and he performs them recklessly Sec. 9-3.3. Drug-induced homicide. (a) A person commits drug-induced homicide when he or she violates Section 401 of the Illinois Controlled Substances Act or Section 55 of the Methamphetamine Control and Community Protection Act by unlawfully delivering a controlled substance to another, and any person's death is caused by the injection, inhalation, absorption, or ingestion of any amount of that controlled substance. Sec. 9-3.4. Concealment of homicidal death. (a) A person commits the offense of concealment of homicidal death when he or she knowingly conceals the death of any other person with knowledge that such other person has died by homicidal means. Sec. 9-3.5. Concealment of death. (b) A person commits the offense of concealment of death when he or she knowingly conceals the death of any other person who died by other than homicidal means.
Section 230 (of Title 47) grants immunity from civil liability under certain circumstances, so the website is not liable to the porn-distributor for taking down their images. There are also criminal laws pertaining to child porn, such as 18 USC 2252. It is not a crime to &quot;see&quot; child porn. Instead, the crime is defined with reference to one who knowingly receives, or distributes, any visual depiction... of child porn. Therefore you cannot be prosecuted if you do not know that the image is has the prohibited characteristics (is child porn). See US v. X-Citement Video, 513 U.S. 64 for discussion of th scienter requirement. The surrounding circumstances (the report) at most indicate that the moderator has some reason to believe that it is porn, and the immediate deletion of the material supports the conclusion that the moderator's action complies with the law. Paragraph (c) of that law also provides a defense, in case of prosecution: It shall be an affirmative defense to a charge of violating paragraph (4) of subsection (a) that the defendant— (1) possessed less than three matters containing any visual depiction proscribed by that paragraph; and (2) promptly and in good faith, and without retaining or allowing any person, other than a law enforcement agency, to access any visual depiction or copy thereof— (A) took reasonable steps to destroy each such visual depiction; or (B) reported the matter to a law enforcement agency and afforded that agency access to each such visual depiction.
Why would this be a concern? The adults have some duty in an elementary school setting to monitor the children in the restroom in any case. Separate restrooms are an employee perk, not a liability driven decision.