Nov 19, 2010

DA will prosecute overly touchy airport pat downs

The San Mateo County district attorney has a warning for all TSA personnel at San Francisco International Airport -- anyone innaproriately touching a passenger during a security pat down will be prosecuted.

Incoming San Mateo DA Steve Wagstaffe says any complaints of inappropriate touching during an airport security pat down will land on his desk.

"The case would be reviewed and if we could prove the elements of it, that it was inappropriately done with a sexual or lewd intent, that person would be prosecuted," he said.

The charge -- sexual battery.
"If it is skin to skin, if someone were to take their hand and put it underneath somebody's blouse and touch someone inappropriately and go skin to skin, that's a felony, and if it's done simply over the clothing, according to California law, that's a misdemeanor," Wagstaffe said.

Chances are any charges of innaproriately touching will be appealed to a higher court and summarily dissmissed.