13yr old, faces up to 3yrs in prison and $25K fine for recording conversation with school principal

[sunonmars]

Link to tweet

http://www.dailymail.co.uk/news/article-5878607/Illinois-student-13-faces-three-years-prison-25-000-fine-eavesdropping.html?ito=social-twitter_dailymailus

Illinois student, 13, faces up to 'three years in prison and $25,000 fine' for recording conversation between himself and school principal
Manteno Middle School student Paul Boron, 13, made the recording earlier this year after being summoned to principal David Conrad's office in February
Boron said that he began recording audio on his cellphone as he made his way to the school's administration building
Following a heated conversation, Boron revealed that he had recorded the entire exchange, an incident that eventually led to a felony charge
Boron is being prosecuted as a juvenile and is charged with one count of eavesdropping – a class 4 felony in Illinois

Boron is being prosecuted as a juvenile and is charged with one count of eavesdropping – a class 4 felony in Illinois.

A class 4 felony, the state's lowest felony designation, can include a prison sentence of between one and three years and a $25,000 fine.

It blew my mind that they would take it that far … I want to see him be able to be happy and live up to his full potential in life, especially with the disability he has,' she said. Boron is legally blind in his right eye.

The issue has raised concerns about the state's vague eavesdropping laws that some critics contend can be abused or misapplied.

Only 12 states require the consent of every party to a phone call or conversation in order to make the recording lawful.

............................

What sort of world do we live in where school administrators think it is ok to prosecute a 13 yr old for this....What do they have to hide?

With a fully technological world and accusations of things happening, I would record it too.

My question is why the school officials want the recording supressed. What was said?

An absolute waste of time and money.

[MagickMuffin]

1. Calling Michael Avanatti

Boggles the mind that these "adults" would took this approach.

[sunonmars]

2. Can only think its because the recording has the official lying and this supresses the conversation.

[MrsCoffee]

11. That was my first thought too.

[superpatriotman]

3. We must be tough on crime

Law and order and whatnot...

[MichMan]

4. All electronic eavesdropping laws need to be repealed

[rainin]

5. If the tape has incriminating speech, why withhold it? Apparently, the student is in trouble for

recording it. Is sharing it a crime, too?

[Jersey Devil]

6. The story doesn't make sense

First it says he is being prosecuted "as a juvenile", then it goes on to recite the criminal charge he would face as an adult. If he is being charged with "juvenile delinqency" (or the equivalent in Ill), then he would not have a record as an adult for the adult criminal charge, only as a juvenile for "delinquency".

Second, it is not up to the principal to determine whether or not to prosecute. That decision is made by the prosecutor.

Finally, why are the details being made public. Juvenile cases are not supposed to be publicized.

Something is screwy with this report.

[csziggy]

7. Here is a much better article with much more discussion of the legal details

Illinois 13-year-old charged with eavesdropping felony for recording meeting with principal

Austin Berg
Director of Content Strategy
Austin Berg
/ Criminal Justice
June 21, 2018

<SNIP>

Boron’s case raises a number of questions critics pointed out in the debate surrounding the 2014 law. Namely, when does someone have a “reasonable” expectation of privacy? And is it fair to expect Illinoisans to know where to draw that line in their everyday lives?

One of the eavesdropping law’s sponsors, former state Rep. Elaine Nekritz, responded to criticisms of the law’s clarity with an especially vague remark. How does one tell when there is a reasonable expectation of privacy when recording police officers, for example? “We’ll know it when we see it,” she told the Chicago Reader.

That’s not likely to serve as any comfort to a 13-year-old facing criminal charges.

“In a public school setting, what kind of reasonable expectation of privacy can there be for a principal interacting with the public?” asked Wayne Giampietro, former president of the Illinois-based First Amendment Lawyers Association.

More: https://www.illinoispolicy.org/illinois-13-year-old-charged-with-eavesdropping-felony-for-recording-meeting-with-principal/

This is probably the original article the Daily Mail used as a source.

Unfortunately it does not mention why the child's name has been made public. I wonder if his mother went to the press for the benefit of her son?

[Shrike47]

8. A juvenile does not face time in prison, nor the fine. Juvenile court is a different animal.

Very sloppy reporting.

[marybourg]

9. The object is not accuracy;

it’s shit-stirring, just like the Russians do, to destroy confidence in democracy.

[DrDan]

10. I am not a lawyer, but I don't think the school administrators decide to prosecute

[fescuerescue]

12. Yes and No

I agree with you actually, and that was my first thought as well "the school doesn't decide that".

But...Prosecutions don't happen in vacuum. The local prosecutor isn't cold calling around to schools asking if they've had any unauthorized recordings lately, or spying on students with recording devices.

The school obviously engaged law enforcement so as to punish the student beyond their capabilities such as suspension or detention to punish.