Any Lawyers in the house?

[TrevorRC]

First, I know that any information you give me should not be taken as valid legal information etc.; and I hold you in no way accountable for any advice you give...
You know the drill.

Anyway, onto the real stuff.

My brother [and yes; not my 'brother' [AKA Me]; but trully my brother] did something stupid.

No, stupid doesn't quantify it. Idiotic would be a bit better.

He was in class yesterday; and decided to play a teenage 'prank'.... he somehow got a hold of someone else's soda, urinated in it [Possibly 1/4 of the entire contents; enough so that it was not visible, but was still there], then had the kid drink out of it.

Kid noted it tasted funny, but downed the entire thing anyway; no suspicion.

Sean [brother], being the bright person that he is, either told him yesterday, or somehow let it get around that the kid found out what had happened.

It was reported to the deans [Step below principal, they deal with punishment and the like], and my Sean was instantly suspended, Out-of-School, 10 days.

A bit harsh IMO; but punishment is necessary.

Also, there is a chance he is going to be charged with something dealing with bodily fluids.

Assault with Bodily Fluids?

I remember reading about a case a while back about an inmate with HIV threatening the cards he was going to cut himself and throw blood on them, potentially exposing them to the virus... there was no punishment at the time, so one was created [Assault with Bodily Fluids].

Misdemeanor... I think?
Any confirmation on that?
Also, what class of a misdemeanor is it? I'd assume it would be A, but not sure.

Next question... I was talking to my step-mom about it, and she said there might be potential for a lawsuit. Wasn't so sure about this, so I figured I'd ask you guys I know there are a lot of lawyers in here.

What could he be sued for?
Well, what could my father be sued for, as Sean is a teenager and I'm assuming my Dad will be held responsible.
Specifics, if possible.

What would potential damages be; assuming my father makes roughly 250k/year? [Lawyers not included in the cost.]

Just curious. I'd ask my Dad, as he is relatively knowledgable in terms of the law; but he is a bit angry right now.

Thanks for the time.

--Trevor

Edit: State is Indiana.

 

[RKS]

Criminal:
Maybe battery but not assault. Any unlawful 'touching' can be deemed a battery. Assault is usually defined af the 'fear of a battery' and since the guy didn't know he was about to get 'battered' there is no assault. Not sure about the level. Charges are up to the school/local prosecuter. He could also be charged with intentional infliction of emotional distress caused by the subsequent revelation.

Civil:
In todays society all lawsuits are possible. I don't think your dad can be too liable if this was an intentional act by your brother comitted while in school.

I guess your brother could say he didn't actually urinate in the can but told his classmate in jest. It doesn't seem like the can was retrieved for physical evidence.


edit: I am not a licensed Indiana attorney. This reply should not be taken as or is it intended to substitute for proper legal advice. Please consult a licensed IN attorney.

 

[FoBoT]

i don't think 10 day suspension is harsh, he got off easy

that should go on his Permanent Record

 

[Armitage]

I think I'd sue for the right to kick your brother's ass around the block a few times :|

 

[DevilsAdvocate]

Wow. Just wow.

Lemme look at Indiana's criminal statutes...

 

[jagec]

Originally posted by: FoBoT
i don't think 10 day suspension is harsh, he got off easy

that should go on his Permanent Record

I don't think it needs to go to court, though...on his school record, sure, but this isn't the sort of thing worth putting on his legal record.

Urine is sterile, after all.

 

[tfcmasta97]

your brother is a useless POS, lets hope he doesnt get into college

sry a bit harsh, but pissing into a persons drink and letting em drink it? really how stupid is he

 

[DevilsAdvocate]

IC 35-42-2-6
Battery by body waste
Sec. 6. (a) As used in this section, "corrections officer" includes a person employed by:
(1) the department of correction;
(2) a law enforcement agency;
(3) a county jail; or
(4) a circuit, superior, county, probate, city, or town court.
(b) As used in this section, "human immunodeficiency virus (HIV)" includes acquired immune deficiency syndrome (AIDS) and AIDS related complex.
(c) A person who knowingly or intentionally in a rude, insolent, or angry manner places blood or another body fluid or waste on a law enforcement officer or a corrections officer identified as such and while engaged in the performance of official duties or coerces another person to place blood or another body fluid or waste on the law enforcement officer or corrections officer commits battery by body waste, a Class D felony. However, the offense is:
(1) a Class C felony if the person knew or recklessly failed to know that the blood, bodily fluid, or waste was infected with:
(A) hepatitis B;
(B) HIV; or
(C) tuberculosis;
(2) a Class B felony if:
(A) the person knew or recklessly failed to know that the blood, bodily fluid, or waste was infected with hepatitis B and the offense results in the transmission of hepatitis B to the other person; or
(B) the person knew or recklessly failed to know that the blood, bodily fluid, or waste was infected with tuberculosis and the offense results in the transmission of tuberculosis to the other person; and
(3) a Class A felony if:
(A) the person knew or recklessly failed to know that the blood, bodily fluid, or waste was infected with HIV; and
(B) the offense results in the transmission of HIV to the other person.
(d) A person who knowingly or intentionally in a rude, an insolent, or an angry manner places human blood, semen, urine, or fecal waste on another person commits battery by body waste, a Class A misdemeanor. However, the offense is:
(1) a Class D felony if the person knew or recklessly failed to know that the blood, semen, urine, or fecal waste was infected with:
(A) hepatitis B;
(B) HIV; or
(C) tuberculosis;
(2) a Class C felony if:
(A) the person knew or recklessly failed to know that the blood, semen, urine, or fecal waste was infected with hepatitis B and the offense results in the transmission of hepatitis B to the other person; or
(B) the person knew or recklessly failed to know that the blood, semen, urine, or fecal waste was infected with tuberculosis and the offense results in the transmission of

tuberculosis to the other person; and
(3) a Class B felony if:
(A) the person knew or recklessly failed to know that the blood, semen, urine, or fecal waste was infected with HIV; and
(B) the offense results in the transmission of HIV to the other person.
As added by P.L.298-1995, SEC.1. Amended by P.L.88-2002, SEC.1; P.L.85-2004, SEC.53.

 

[KarenMarie]

Originally posted by: Armitage
I think I'd sue for the right to kick your brother's ass around the block a few times :|

:thumbsup:

 

[FoBoT]

so that covers prisoners, i guess they do this all the time to guards

how about a dumb school boy?

 

[waggy]

he is lucky he only got a 10 day suspension. the fvcker should have been expelled and arrested

 

[Feldenak]

Originally posted by: FoBoT
i don't think 10 day suspension is harsh, he got off easy

that should go on his Permanent Record

Oh yeah? Well, don't get so distressed

 

[DevilsAdvocate]

Please reference the above excerpt from Indiana's Criminal Code. It would appear as your brother's little prank may have bought him a Class A misdemeanor.

There is no question that there may be civil consequences for his actions. He is clearly liable in tort at the common law for battery.

Consult a lawyer licensed in the State of Indiana, and slap your brother for being a sick fvck.

 

[MisterJackson]

A better question might be "Does anyone know of a good facility in IN to send my brother to to get treatment for his mental disability?".

 

[DevilsAdvocate]

Originally posted by: FoBoT
so that covers prisoners, i guess they do this all the time to guards

how about a dumb school boy?

Read that which is bolded, genius.

 

[QED]

Originally posted by: FoBoT
so that covers prisoners, i guess they do this all the time to guards

how about a dumb school boy?

It looks like it is a felony if you do it do a guard... it's a Class A misdemeanor if you do it to anyone else.

 

[Armitage]

Originally posted by: FoBoT
so that covers prisoners, i guess they do this all the time to guards

how about a dumb school boy?

If I read that correctly (unlikely) the distinction is that if the victim is a corrections officer, the penalties are harsher - starts at Class C felony and moves up.

If the victim is not a corrections officer, the penalty starts at misdemeanor and goes up from there.

 

[FoBoT]

Originally posted by: DevilsAdvocate

Originally posted by: FoBoT
so that covers prisoners, i guess they do this all the time to guards

how about a dumb school boy?

Read that which is bolded, genius.

hey! thats why you are the lawyer, all those letters and numbers, its just a big freaking jumble to me


send him to jail!! he broke the law

 

[Schadenfroh]

Originally posted by: tfcmasta97
your brother is a useless POS

 

[DevilsAdvocate]

Originally posted by: Armitage

Originally posted by: FoBoT
so that covers prisoners, i guess they do this all the time to guards

how about a dumb school boy?

If I read that correctly (unlikely) the distinction is that if the victim is a corrections officer, the penalties are harsher - starts at Class C felony and moves up.

If the victim is not a corrections officer, the penalty starts at misdemeanor and goes up from there.

Reread it. It is a Class A Misdemeanor. I bolded the applicable portion.

 

[DevilsAdvocate]

And the punishment for a Class A Misdemeanor in the Great State of Indiana is...

IC 35-50-3-2
Class A misdemeanor
Sec. 2. A person who commits a Class A misdemeanor shall be imprisoned for a fixed term of not more than one (1) year; in addition, he may be fined not more than five thousand dollars ($5,000).
As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977, P.L.340, SEC.124.

Your brother is a freaking genius.

 

[jagec]

Originally posted by: FoBoT

hey! thats why you are the lawyer, all those letters and numbers, its just a big freaking jumble to me


send him to jail!! he broke the law

The part above the bolded bit is dealing with inmates, the part below is average citizens.

 

[FoBoT]

so he'll get probation and community service


next thread!

 

[Don Vito Corleone]

I am not licensed in Indiana, and this is not meant as legal advice, nor can it form the basis of an attorney-client relationship.

Based on a quick scan of the Indiana Criminal Code, I believe this would be simple battery, a Class B misdemeanor punishable by up to six months in jail if the offender were an adult. The section cited above pertains to cases in which the victim is a law-enforcement or corrections officer, neither of which is true in this instance.

I have no idea how Indiana's juvenile justice system works, but I would certainly not be surprised to see this case prosecuted in that forum.

I don't doubt someone might sue civilly for this, though they'll face an uphill battle in terms of proving damages. I imagine most plaintiff's attorneys wouldn't want this case on a contingency basis, unless your family is wealthy.

The foreseeable causes of action would be common-law battery and perhaps also intentional infliction of emotional distress ("IIED") (though the latter is quite onerous for a plantiff to prove - you normally need emotional distress so severe that the victim suffers physical manifestations as a result). If the plaintiff survived summary judgment, they could potentially recover damages not only for medical bills but for pain and suffering/emotional distress, even if the IIED claim fails. They would probably also be able to recover punitive damages.

 

[Armitage]

Originally posted by: FoBoT
so he'll get probation and community service


next thread!

Assuming he doesn't have HIV, Hepatitis or Tuberculosis.

If I were the victim, the OP's brother would be at the clinic getting tested for all of the above NOW.