California Man May Go to Prison for Inappropriate Touching on Plane

May 5, 2007 — -- A California man may pay with prison time for a public display of affection on a plane.

Carl Persing was convicted Thursday of interfering with flight attendants and crew members after he and his girlfriend, Dawn Sewell, were seen "embracing, kissing and acting in a manner that made other passengers uncomfortable," according to a criminal complaint.

According to assistant U.S. Attorney John Bowler, Persing will likely serve jail time for the federal felony conviction, the Associated Press reports. He was convicted after a three-day trial in U.S. District Court in Wilmington, Va.

According to an FBI indictment, Persing's face was pressed to Sewell's vaginal area during the September Southwest Airlines flight from Los Angeles to Raleigh, N.C. When a flight attendant gave them a second warning, Persing reacted angrily and the couple, both in their early 40s, were arrested when the plane reached its destination.

At the time, the couple's lawyer claimed that Persing had his head in Sewell's lap because he wasn't feeling well and that the flight attendant had humiliated and harassed them.

Persing's conviction is the latest example of how in the wake of 9/11 and new security regulations, many airlines have become increasingly vigilant -- perhaps even uptight -- about minor infractions. And many passengers realize they need to be on their best behavior when they take a flight.

"As a potential act of terrorism, it's being a little oversensitive," Charles Slepian, an aviation security expert at the Foreseeable Risk Analysis Center, said about Persing's case. "After all, the mile-high club has been around for at least 50 years. But flight crews are sensitive that some passengers get upset when others get cozy, and that could erupt into an altercation."

Although it usually covers serious criminal activity, the Patriot Act can apply to minor infractions on flights.

"You can't make any threatening gesture to an attendant because it does violate the Patriot Act," explained Slepian. "They don't want you getting out of your seat except to go the lavatory. The whole idea is to keep control. If you react to the attendant, you're going to get locked up."