# High school senior pulls yearbook photo prank. Are the charges excessive? **URL:** \ **Category:** In My Humble Opinion\ **Created:** [May 4, 2016, 9:57pm UTC](https://boards.straightdope.com/t/high-school-senior-pulls-yearbook-photo-prank-are-the-charges-excessive/753946 "2016-05-04T21:57:26Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![aceplace57](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aceplace57/32/3500_2.png) [@aceplace57](https://boards.straightdope.com/u/aceplace57)\ **Post date:** [May 4, 2016, 9:57pm UTC](https://boards.straightdope.com/t/high-school-senior-pulls-yearbook-photo-prank-are-the-charges-excessive/753946/1 "2016-05-04T21:57:26Z")
Are the charges excessive? Yeah, I think they are. There’s no sexual intent here. His penis wasn’t even fully exposed. It was a dumb stupid prank by an immature 18 year old. Why destroy this kid’s entire future over this? Teens do dumb stuff. Making mistakes is part of maturing and becoming a responsible adult. He should face consequences. Make him pay restitution to republish the yearbooks. Community service and a years parole. Six months of picking up roadside trash and cleaning up city parks would make him think twice before pulling another prank. Whats your reaction to this story? > **[Arizona News](https://www.azfamily.com/news/)** > > Arizona Breaking news, local stories, and On Your Side investigations from the state’s largest television newsroom. > [@](#): > > The photo of the Red Mountain High School varsity football team was taken while players and coaches were on the football field bleachers. > > There were 69 students, ranging in age from 15 to 19, and 10 faculty members present when the picture was taken. Police said Osborn knowingly exposed the top of his penis through the top of the waistband of his football uniform pants during the photo session. > > Based on the photo and admission, Osborn was booked for 69 counts of indecent exposure – a class 1 misdemeanor – and one count of furnishing harmful items to minors – a class 4 felony. > > That number, however, could change. > > “It is still an ongoing investigation,” Berry said. “The number of charges may go up or down depending upon how the investigation continues.” ---
**Author:** ![aceplace57](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aceplace57/32/3500_2.png) [@aceplace57](https://boards.straightdope.com/u/aceplace57)\ **Post date:** [May 4, 2016, 10:12pm UTC](https://boards.straightdope.com/t/high-school-senior-pulls-yearbook-photo-prank-are-the-charges-excessive/753946/2 "2016-05-04T22:12:55Z")
I didn’t make a poll here because there’s one at the end of the article. ---
**Author:** ![aceplace57](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aceplace57/32/3500_2.png) [@aceplace57](https://boards.straightdope.com/u/aceplace57)\ **Post date:** [May 4, 2016, 10:34pm UTC](https://boards.straightdope.com/t/high-school-senior-pulls-yearbook-photo-prank-are-the-charges-excessive/753946/3 "2016-05-04T22:34:46Z")
Thankfully the felony charge is being dropped by Maricopa county. But the city prosecutor can still proceed with the 69 misdemeanor charges. Which would still be pretty devastating to his future. I think about the dumb crap teens did when I was in high school. I did a few dumb things that I regret now. I’m glad there was some common sense in applying our laws back then. > **[Arizona student who flashed his genitals in school yearbook photo won’t be...](https://www.nydailynews.com/2016/05/04/arizona-student-who-flashed-his-genitals-in-school-yearbook-photo-wont-be-prosecuted-by-county-could-be-charged-by-city/)** > > The Arizona football player who bared his genitals in his high school’s team yearbook photo won’t be charged by the County District Attorney’s office for the whopping 69 counts of… > [@](#): > > The Maricopa County Attorney’s Office said Wednesday that they wouldn’t prosecute Red Mountain High School student Hunter Osborn > [@](#): > > Osborn’s prank did “not establish a violation of the statute” of “Furnishing Harmful Items to Minors,” according to Maricopa County Attorney Bill Montgomery. ---
**Author:** ![Broomstick](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/broomstick/32/246_2.png) [@Broomstick](https://boards.straightdope.com/u/Broomstick)\ **Post date:** [May 4, 2016, 10:41pm UTC](https://boards.straightdope.com/t/high-school-senior-pulls-yearbook-photo-prank-are-the-charges-excessive/753946/4 "2016-05-04T22:41:36Z")
> [@aceplace57](#): > > Why destroy this kid’s entire future over this? Because we live in a prudish, puritanical, zero-tolerance society. Really, it’s sad. ---
**Author:** ![Just\_Asking\_Questions](https://avatars.discourse-cdn.com/v4/letter/j/ba9def/32.png) [@Just\_Asking\_Questions](https://boards.straightdope.com/u/Just_Asking_Questions)\ **Post date:** [May 4, 2016, 10:55pm UTC](https://boards.straightdope.com/t/high-school-senior-pulls-yearbook-photo-prank-are-the-charges-excessive/753946/5 "2016-05-04T22:55:13Z")
> [@Broomstick](#): > > Because we live in a prudish, puritanical, zero-tolerance society. > > Really, it’s sad. You think not wanted some teenage wanker’s dick in a yearbook is “prudish” and puritanical? THAT’s sad. It’s more likely the prosecutor being a tab overzealous. 69 (heh heh) counts! Why not be realistic - one for everyone who saw the yearbook, or read the program. Maybe they can give the guy a 1000 year sentence if they make it consecutive! That’ll show those punk kids! I think some punishment is warranted, though. More than a wrist slap. ---
**Author:** ![Morgenstern](https://avatars.discourse-cdn.com/v4/letter/m/f9ae1b/32.png) [@Morgenstern](https://boards.straightdope.com/u/Morgenstern)\ **Post date:** [May 4, 2016, 11:36pm UTC](https://boards.straightdope.com/t/high-school-senior-pulls-yearbook-photo-prank-are-the-charges-excessive/753946/6 "2016-05-04T23:36:22Z")
It won’t be that bad, Sheriff Joe will take good care of him. ---
**Author:** ![Flyer](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/flyer/32/7298_2.png) [@Flyer](https://boards.straightdope.com/u/Flyer)\ **Post date:** [May 4, 2016, 11:47pm UTC](https://boards.straightdope.com/t/high-school-senior-pulls-yearbook-photo-prank-are-the-charges-excessive/753946/7 "2016-05-04T23:47:20Z")
> [@Broomstick](#): > > Because we live in a prudish, puritanical, zero-tolerance society. > > Really, it’s sad. I keep seeing this “prudish, puritanical” complaint on this board about society, and I keep wondering where it’s coming from, and I wonder if the people making the complaint have bothered to actually notice what’s going on around them. A society that was **actually** prudish or puritanical would have its women dressing something like this. [![](http://recollections.biz/Merchant2/graphics/00000001/web726_2.jpg) ](http://recollections.biz/Merchant2/graphics/00000001/web726_2.jpg) Or maybe something like this. [https://upload.wikimedia.org/wikipedia/commons/e/e4/Female\_hijab\_in\_Islam.jpg](https://upload.wikimedia.org/wikipedia/commons/e/e4/Female_hijab_in_Islam.jpg) But instead, nearly everybody thinks that it’s perfectly fine for people to go half naked in public. [![](https://www.distractionmagazine.com/wp-content/uploads/2013/09/DSC00541.jpg) ](https://www.distractionmagazine.com/wp-content/uploads/2013/09/DSC00541.jpg) [![](https://www.majormusthaves.com/wp-content/uploads/aug-12-2014-6.jpg?7d6fae) ](https://www.majormusthaves.com/wp-content/uploads/aug-12-2014-6.jpg?7d6fae) [http://www.npc-wear.com/colorpics/CottonHoodie-athlete.jpg](http://www.npc-wear.com/colorpics/CottonHoodie-athlete.jpg) A society that thinks that a person somehow needs to be 60-80% naked in order to exercise is not a “prudish, puritanical” society. A society that thinks it’s ok to be 90% naked in public in order to swim is not a “prudish, puritanical” society. A society where very large parts of the population are ok with showing simulations of sex in popular entertainment is not a “prudish, puritanical” society. ---
**Author:** ![aceplace57](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aceplace57/32/3500_2.png) [@aceplace57](https://boards.straightdope.com/u/aceplace57)\ **Post date:** [May 4, 2016, 11:54pm UTC](https://boards.straightdope.com/t/high-school-senior-pulls-yearbook-photo-prank-are-the-charges-excessive/753946/8 "2016-05-04T23:54:07Z")
> [@Morgenstern](#): > > It won’t be that bad, Sheriff Joe will take good care of him. Perhaps for quite awhile. I found the Arizona statute. 13-1402. Indecent exposure It’s not clear if the fine is in addition to jail or replaces a jail sentence. Either way, 69 possible charges of this statute is pretty punitive for a teen prank. [http://naturistaction.org/StatesFrames/State\_Laws\_Frames/Arizona\_Laws/body\_arizona\_laws.html](http://naturistaction.org/StatesFrames/State_Laws_Frames/Arizona_Laws/body_arizona_laws.html) > [@](#): > > Indecent exposure to a person who is fifteen or more years of age is a class 1 misdemeanor. > [@](#): > > A. A sentence of imprisonment for a misdemeanor shall be for a definite term to be served other than a place within custody of the state department of corrections. The court shall fix the term of imprisonment within the following maximum limitations: > > 1. For a class 1 misdemeanor, six months. > [@](#): > > A. A sentence to pay a fine for a class 1 misdemeanor shall be a sentence to pay an amount, fixed by the court, not more than two thousand five hundred dollars. ---
**Author:** ![jtur88](https://avatars.discourse-cdn.com/v4/letter/j/e9c0ed/32.png) [@jtur88](https://boards.straightdope.com/u/jtur88)\ **Post date:** [May 5, 2016, 12:06am UTC](https://boards.straightdope.com/t/high-school-senior-pulls-yearbook-photo-prank-are-the-charges-excessive/753946/9 "2016-05-05T00:06:36Z")
All 69 of the people that he “indecently exposed” himself to will see his entire penis, live and in color, in the shower room ten minutes later. ---
**Author:** ![kopek](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kopek/32/337_2.png) [@kopek](https://boards.straightdope.com/u/kopek)\ **Post date:** [May 5, 2016, 1:44am UTC](https://boards.straightdope.com/t/high-school-senior-pulls-yearbook-photo-prank-are-the-charges-excessive/753946/10 "2016-05-05T01:44:18Z")
Somewhat on the excessive side. I would feel better if the idiots on the committee or whatever who approved and used the picture were getting a slap of some kind as well; that’s the part that amazes me – that it got published. ---
**Author:** ![usedtobe](https://avatars.discourse-cdn.com/v4/letter/u/ec9cab/32.png) [@usedtobe](https://boards.straightdope.com/u/usedtobe)\ **Post date:** [May 5, 2016, 2:00am UTC](https://boards.straightdope.com/t/high-school-senior-pulls-yearbook-photo-prank-are-the-charges-excessive/753946/11 "2016-05-05T02:00:19Z")
Anybody remember the “mac&cheese kid”? If you can remember his name, try a google - it returned 420,000 hits at the peak of Internet Feeding Frenzy. I’m guessing his life has proceeded pretty much normally… ---
**Author:** ![Spiderman](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/spiderman/32/230_2.png) [@Spiderman](https://boards.straightdope.com/u/Spiderman)\ **Post date:** [May 5, 2016, 2:19am UTC](https://boards.straightdope.com/t/high-school-senior-pulls-yearbook-photo-prank-are-the-charges-excessive/753946/12 "2016-05-05T02:19:22Z")
> [@kopek](#): > > Somewhat on the excessive side. I would feel better if the idiots on the committee or whatever who approved and used the picture were getting a slap of some kind as well; that’s the part that amazes me – that it got published. Here’s why… > [@OP's article](#): > > “He made a dumb mistake a little bit, but I don’t think he should be charged so heavily for that,” senior Zach Anthony said. > > Anthony and Brooke Bodrero, a sophomore, said they would not have noticed the offending image without being instructed where to look. ---
**Author:** ![Miller](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/miller/32/481_2.png) [@Miller](https://boards.straightdope.com/u/Miller)\ **Post date:** [May 5, 2016, 2:39am UTC](https://boards.straightdope.com/t/high-school-senior-pulls-yearbook-photo-prank-are-the-charges-excessive/753946/13 "2016-05-05T02:39:27Z")
> [@Just\_Asking\_Questions](#): > > You think not wanted some teenage wanker’s dick in a yearbook is “prudish” and puritanical? THAT’s sad. Not wanting some kid’s dick in your yearbook is reasonable. Pressing charges on a kid for screwing up a group photo is fucking insane. ---
**Author:** ![spamforbrains](https://avatars.discourse-cdn.com/v4/letter/s/e274bd/32.png) [@spamforbrains](https://boards.straightdope.com/u/spamforbrains)\ **Post date:** [May 5, 2016, 3:02am UTC](https://boards.straightdope.com/t/high-school-senior-pulls-yearbook-photo-prank-are-the-charges-excessive/753946/14 "2016-05-05T03:02:29Z")
He’s not a kid. He’s an adult who exposed himself in public, and not in an innocent way like in a shower or a nude beach. He exposed himself to a lot of public in a sexually explicit way. This is not a prank. ---
**Author:** ![PastTense](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pasttense/32/14550_2.png) [@PastTense](https://boards.straightdope.com/u/PastTense)\ **Post date:** [May 5, 2016, 3:32am UTC](https://boards.straightdope.com/t/high-school-senior-pulls-yearbook-photo-prank-are-the-charges-excessive/753946/15 "2016-05-05T03:32:02Z")
It’s enough for him to pay to republish the yearbook. 3400 copies at $20 each is $68,000. ---
**Author:** ![Isosleepy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/isosleepy/32/479_2.png) [@Isosleepy](https://boards.straightdope.com/u/Isosleepy)\ **Post date:** [May 5, 2016, 3:33am UTC](https://boards.straightdope.com/t/high-school-senior-pulls-yearbook-photo-prank-are-the-charges-excessive/753946/16 "2016-05-05T03:33:41Z")
> [@spamforbrains](#): > > He’s not a kid. He’s an adult who exposed himself in public, and not in an innocent way like in a shower or a nude beach. He exposed himself to a lot of public in a sexually explicit way. This is not a prank. If he wasn’t a kid, he’d be able to legally order a beer. But he can’t, so he is. Can’t have it both ways. It wasn’t sexual. It was just stupid. And it was a prank. A stupid one, but a prank. The way all this played out is the consequence of years of the travesty of “zero tolerance” , which, being the refuge of the intellectually lazy and a complete abdication of moral responsibility, is making our schools a dangerous place to be a kid. ---
**Author:** ![aceplace57](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aceplace57/32/3500_2.png) [@aceplace57](https://boards.straightdope.com/u/aceplace57)\ **Post date:** [May 5, 2016, 4:18am UTC](https://boards.straightdope.com/t/high-school-senior-pulls-yearbook-photo-prank-are-the-charges-excessive/753946/17 "2016-05-05T04:18:03Z")
> [@PastTense](#): > > It’s enough for him to pay to republish the yearbook. 3400 copies at $20 each is $68,000. That many copies? :eek: Geez we only had 350 students in my graduating class. I don’t recall if they offered yearbooks to the juniors and sophomores or not. But that would still be less than a 1000 copies. I doubt many will turn in their yearbook. I’ve read that this photo wasn’t very large in the yearbook. Not particularly noticeable unless you look for the penis. A where’s Waldo hunt. 😉 Most students will probably get a good laugh about it at their 20 year reunions. But right now it’s not a laughing matter. ---
**Author:** ![nearwildheaven](https://avatars.discourse-cdn.com/v4/letter/n/90db22/32.png) [@nearwildheaven](https://boards.straightdope.com/u/nearwildheaven)\ **Post date:** [May 5, 2016, 4:38am UTC](https://boards.straightdope.com/t/high-school-senior-pulls-yearbook-photo-prank-are-the-charges-excessive/753946/18 "2016-05-05T04:38:25Z")
> [@spamforbrains](#): > > He’s not a kid. He’s an adult who exposed himself in public, and not in an innocent way like in a shower or a nude beach. He exposed himself to a lot of public in a sexually explicit way. This is not a prank. I also can’t believe nobody, from the photographer to the yearbook advisor, noticed it until now. :dubious: ---
**Author:** ![Alley\_Dweller](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alley_dweller/32/430_2.png) [@Alley\_Dweller](https://boards.straightdope.com/u/Alley_Dweller)\ **Post date:** [May 5, 2016, 5:27am UTC](https://boards.straightdope.com/t/high-school-senior-pulls-yearbook-photo-prank-are-the-charges-excessive/753946/19 "2016-05-05T05:27:49Z")
I wonder if the student had been 17 instead of 18, would they have thrown child porn charges at the photographer, school staff, printer, and everyone who bought a copy? ---
**Author:** ![Mangetout](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mangetout/32/19_2.png) [@Mangetout](https://boards.straightdope.com/u/Mangetout)\ **Post date:** [May 5, 2016, 6:27am UTC](https://boards.straightdope.com/t/high-school-senior-pulls-yearbook-photo-prank-are-the-charges-excessive/753946/20 "2016-05-05T06:27:47Z")
The two guys standing in front of him are also obviously in on the act. [Next page](https://boards.straightdope.com/t/high-school-senior-pulls-yearbook-photo-prank-are-the-charges-excessive/753946.md?page=2)