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To: TexasGreg
As for the searches being criminal violations of Title 18 U.S.C., Section 2242, the question becomes the nature of the touch, its being intentional and not incidental, and the perception of the person being touched relative to the coercion of the situation involved. The recent "upping-of-the-ante" by telling people they can't leave until questioned, etc., places the TSA in an even worse legal situation by increasing the coercion levels even further beyond where they were before that aspect of the situation was publicized.

Add the fact of the $11,000 fine that is being threatened, and the coercion levels are further increased. I believe sexual abuse or molestation also includes the requirement that the person carrying out the touching/etc. is doing it for some personal gratification. Do we need to have tests for the TSA workers to prove they have not been gratified in some way to determine whether it was sexual abuse (legally)?

This whole thing is insane. Yelling out by several TSA agents, "Opt out, we have a male opt-out," (paraphrased) makes them sound like a pack of hyenas/gangsters/whathaveyou. They should be ashamed of themselves. These TSA workers should be shunned by society. Next time, I hope someone prints their names, etc. Their neighbors, friends, and family should know what type of people they are dealing with.
46 posted on 11/20/2010 12:42:56 PM PST by Girlene
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To: Girlene
I believe sexual abuse or molestation also includes the requirement that the person carrying out the touching/etc. is doing it for some personal gratification. Do we need to have tests for the TSA workers to prove they have not been gratified in some way to determine whether it was sexual abuse (legally)?

Title 18 U.S.C. Section 2242 is particularly helpful in this matter. Section 2242, subsection 2a states that if one is "incapable of appraising the nature of the conduct" the code is violated.

In other words, if I'm standing there under coercion, without a lawyer present, being frisked for weaponry, and the screener takes time to squeeze my rather prominent front-side sexual organ, I am contextually incapable of "appraising the nature of the conduct." Granted, it may have been sexual, or it may not have been. What it might have been other than sexual, however, is entirely immaterial. Fondling or squeezing a sexual organ cannot, in any way, be reconciled with the STATED purpose for the "pat down," hence my suspicion as to the ACTUAL purpose of the sexual-touch is generated. That suspicion produces sufficient emotional anguish to justify the violation of Title 18 U.S.C. Section 2242. Indeed, it is almost certain that ANY such touch is a violation of Title 18 section 2242 because of its SEXUAL nature -- i.e, the manipulation of MY sexual organ. The purpose behind the screener's touching my organ is immaterial to the fact that it was a sexual organ being intentionally manipulated.
53 posted on 11/20/2010 1:07:41 PM PST by TexasGreg ("Democrats Piss Me Off")
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