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".
I agree with Greg - by now threatening jail or fine if you refuse, they've definitely crossed the line under section 2242. Now the victim has been threatened and placed in a position of fear. I would also like to point out:
Under 18 U.S. Code Chapter 109A – Sexual Abuse - Code Section 2244 – Abusive Sexual Contact – Defined under Code Section 2246 – Definitions for Chapter - Subsection 3) the term “sexual contact” means the intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person;
At the very least 2244 and 2246 are being violated with any contact of the genitalia even through the clothing is a criminal act. Notice the clarifier: "With an INTENT to....HUMILIATE...HARASS.....DEGRADE...." We have the statements of TSA higher ups that the purpose of these 'pat downs' is to force people into the scanner. He admits to harrassment and humiliation of passengers per the above code. They've upped the ante more than once to be subject to prosecution under Title 18, Sections 2242, 2244, and 2246.
Then there is 49 U.S.C. § 40103 US Code - Section 40103: Sovereignty and use of airspace - (2) A citizen of the United States has a public right of transit through the navigable airspace.
There goes the threat that 'if you don't like it don't fly' bit we keep hearing. NO. U.S. Citizens has a RIGHT OF TRANSIT through the navigable airspace! Without being molested, harrassed, abused, strip searched without cause, or violated.
Its time for LAWSUITS. A LOT OF THEM!