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You're right about the teacher's responsibility in the matter. What really concerns me about all of these ambiguous laws is this, how do you keep track of everything? What ever happened to childhood mistakes? The boy is wrong, and should be suspended. But, not prosecuted. Children are not being taught what is right or wrong, but later, they are held to the highest standard when it comes to prosecution.

What responsibility? These clueless incompetent nitwits never expect to be held accountable for anything, but woe to a child who is just learning about the world around him... what he learns is that these same "adults" will call the cops if he does something wrong. The state now gets involved in what used to be handled between the schools and the parents. I really feel sorry for kids these days, because many never learn what righteous judgment is. Good authority figures - people who know how to 'lay down the law' without involving authorities, while teaching a lesson and deterring future mischief - are practically non-existent. Everything becomes a federal case, nobody thinks for themselves, they call an agent of the government to take care of their silly problems, and voila! sane people are herded into the cattlecars.

It's a different world these days than when we were kids. Parents didnt' sue the school at the drop of a hat. Corporal punishment was allowed... actually expected.

One thing that I feel certain about.. this kid will not be a party to identity theft or other related computer / internet crimes when he grows up.

I think the punishment is to stiff in this case. But I think lots ways that society and schools interact are screwed up.