Teen Facing Felony Rap for Butt Slap

ByABC News
December 21, 2000, 1:41 AM

E S P A N O L A, N.M., Dec. 21 -- A 14-year-old boy couldbe charged with a felony for slapping a girls buttocks attheir high school, officials said.

The incident occurred last week at the Espanola MiddleSchool in northern New Mexico and was reported to local policeby Assistant Principal Ruben Lucero.

We have a strict sexual harassment policy, Lucero said Wednesday.Anytime a persons body is violated, we consider that major.

The boy, who lives with his grandmother, admitted slappingthe girls buttocks and must now report to a juvenile probationofficer for a preliminary inquiry.

Sex Crime or Battery?

Police, assisted by forensic psychologists, areinvestigating whether the incident should be categorized ascriminal sexual contact or battery, Espanola Police Chief WayneSalazar said.

The suspect is alleging that this was just a battery, thatthis was not a sexual issue, he said. But why the buttocks?Why not the arm, why not someplace else? Its the target areathat concerns us.

If convicted of criminal sexual contact, a felony, the boycould face up to two years at a juvenile detention facility.

The way I see it, they were just messing around, hisgrandmother said.

Victims Mom: No Charges

Lucero said that for minor infractions, such as namecalling, he suspends students from classes, but for a majorinfraction, including physical contact, the student must meetwith a juvenile parole board to determine the severity of theincident.

What he did wasnt right, but I wouldnt have pressedcharges, given that it was just a slap on the butt, said the13-year-old victims mother.

Salazar said the forensic psychologists would completetheir assessment within the next two weeks, after which policewould know how to proceed.

Students at the school are on Christmas break until Jan.3.