Sunday, August 15, 2010

Bad Choices versus No Choices

Some comments here have expressed that the nature of offenses committed by long-term suspended students should not be treated seriously. Again, opposition is to the location, not the program. Long-term suspended students made choices to commit illegal acts, have forfeited their privilege of attending classes at their home school, and are not permitted on any other Union County School campus. Upon closer inspection, most of the offenses committed are illegal offenses as outlined in NCGS Chapter 14 Criminal Law. Some basic research reveals why CHS parents do not want these students on CHS campus, yet CHS familes are being given NO choices....  Many of these statutes are cross-referenced in the UCPS Board of Education Policy Manual, Chapter 4, Sect. 4-3b. Here are a few:

Physical Violence/ Aggressive Behavior:

§ 14 33. Misdemeanor assaults, batteries, and affrays, simple and aggravated; punishments.
(a) Any person who commits a simple assault or a simple assault and battery or participates in a simple affray is guilty of a Class 2 misdemeanor.


§ 14 35. Hazing; definition and punishment. It is unlawful for any student in attendance at any university, college, or school in this State to engage in hazing, or to aid or abet any other student in the commission of this offense. For the purposes of this section hazing is defined as follows: "to subject another student to physical injury as part of an initiation, or as a prerequisite to membership, into any organized school group, including any society, athletic team, fraternity or sorority, or other similar group." Any violation of this section shall constitute a Class 2 misdemeanor.


§ 14 56.2. Damaging or destroying coin or currency operated machines.
Any person who shall willfully and maliciously damage or destroy any coin or currency operated machine shall be guilty of a Class 1 misdemeanor. The term "coin or currency operated machine" shall be defined as set out in G.S. 14 56.1.


§ 14 60. Burning of schoolhouses or buildings of educational institutions.
If any person shall wantonly and willfully set fire to or burn or cause to be burned or aid, counsel or procure the burning of, any schoolhouse or building owned, leased or used by any public or private school, college or educational institution, he shall be punished as a Class F felon.


§ 14 71.1. Possessing stolen goods.
If any person shall possess any chattel, property, money, valuable security or other thing whatsoever, the stealing or taking whereof amounts to larceny or a felony, either at common law or by virtue of any statute made or hereafter to be made, such person knowing or having reasonable grounds to believe the same to have been feloniously stolen or taken, he shall be guilty of a Class H felony, and may be indicted and convicted, whether the felon stealing and taking such chattels, property, money, valuable security or other thing shall or shall not have been previously convicted, or shall or shall not be amenable to justice; and any such possessor may be dealt with, indicted, tried and punished in any county in which he shall have, or shall have had, any such property in his possession or in any county in which the thief may be tried, in the same manner as such possessor may be dealt with, indicted, tried and punished in the county where he actually possessed such chattel, money, security, or other thing; and such possessor shall be punished as one convicted of larceny.


§ 14 196.3. Cyberstalking.
(a) The following definitions apply in this section:
     (1) Electronic communication. – Any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature, transmitted in whole or in part by a wire, radio, computer, electromagnetic, photoelectric, or photo optical system.
     (2) Electronic mail. – The transmission of information or communication by the use of the Internet, a computer, a facsimile machine, a pager, a cellular telephone, a video recorder, or other electronic means sent to a person identified by a unique address or address number and received by that person.
(b) It is unlawful for a person to:
     (1) Use in electronic mail or electronic communication any words or language threatening to inflict bodily harm to any person or to that person's child, sibling, spouse, or dependent, or physical injury to the property of any person, or for the purpose of extorting money or other things of value from any person.
     (2) Electronically mail or electronically communicate to another repeatedly, whether or not conversation ensues, for the purpose of abusing, annoying, threatening, terrifying, harassing, or embarrassing any person.
     (3) Electronically mail or electronically communicate to another and to knowingly make any false statement concerning death, injury, illness, disfigurement, indecent conduct, or criminal conduct of the person electronically mailed or of any member of the person's family or household with the intent to abuse, annoy, threaten, terrify, harass, or embarrass.
     (4) Knowingly permit an electronic communication device under the person's control to be used for any purpose prohibited by this section.
(c) Any offense under this section committed by the use of electronic mail or electronic communication may be deemed to have been committed where the electronic mail or electronic communication was originally sent, originally received in this State, or first viewed by any person in this State.
(d) Any person violating the provisions of this section shall be guilty of a Class 2 misdemeanor.

False Fire Alarm:

§ 14 286. Giving false fire alarms; molesting fire alarm, fire detection or fire extinguishing system.
It shall be unlawful for any person or persons to wantonly and willfully give or cause to be given, or to advise, counsel, or aid and abet anyone in giving, a false alarm of fire, or to break the glass key protector, or to pull the slide, arm, or lever of any station or signal box of any fire alarm system, except in case of fire, or willfully misuse or damage a portable fire extinguisher, or in any way to willfully interfere with, damage, deface, molest, or injure any part or portion of any fire alarm, fire detection, smoke detection or fire extinguishing system. Any person violating any of the provisions of this section shall be guilty of a Class 2 misdemeanor.

Disruptive Behavior:

§ 14 288.4. Disorderly conduct.
(a) Disorderly conduct is a public disturbance intentionally caused by any person who does any of the following:
     (1) Engages in fighting or other violent conduct or in conduct creating the threat of imminent fighting or other violence.
     (2) Makes or uses any utterance, gesture, display or abusive language which is intended and plainly likely to provoke violent retaliation and thereby cause a breach of the peace.
     (6) Disrupts, disturbs or interferes with the teaching of students at any public or private educational institution or engages in conduct which disturbs the peace, order or discipline at any public or private educational institution or on the grounds adjacent thereto.
     (6a) Engages in conduct which disturbs the peace, order, or discipline on any public school bus or public school activity bus.
(b) Except as provided in subsection (c) of this section, any person who willfully engages in disorderly conduct is guilty of a Class 2 misdemeanor.

Tobacco Use:

§ 14 313. Youth access to tobacco products.
(c) Purchase by persons under the age of 18 years. – If any person under the age of 18 years purchases or accepts receipt, or attempts to purchase or accept receipt, of tobacco products or cigarette wrapping papers, or presents or offers to any person any purported proof of age which is false, fraudulent, or not actually his or her own, for the purpose of purchasing or receiving any tobacco product or cigarette wrapping papers, the person shall be guilty of a Class 2 misdemeanor.