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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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To: TexasGreg
I see your point. Here's the written language from Title 18, Sec. 2242, Cornell University Law School

§ 2242. Sexual abuse
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.

Now I see where the TSA came up with the revision for not such "invasive" pat-downs for 12 year old and younger childeren.....Read Here, 18 USC CHAPTER 109A - SEXUAL ABUSE

Ah-hah - they know they have a potential problem with sexual abuse allegations....especially for 12 year olds and younger. Lawyers need to be all over this "junk".
56 posted on 11/20/2010 1:40:19 PM PST by Girlene
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