Juvenile officers: Minor school fights unlikely to result in felony charges
By Roger McKinney- Columbia Daily Tribune
The president of the Missouri Bar was surprised by the public reaction to changes in the Missouri criminal code.
The Missouri Bar had drafted the legislation for the criminal code change over several years, consulting with prosecutors, defense attorneys, judges, victim advocates and others. The reaction of parents and school officials in Columbia and elsewhere about the possibility of school fights or bullying resulting in felony charges was unexpected.
“It’s created a firestorm,” said Dana Cutler, president of the Missouri Bar.
In addition to the code changes, school districts have adopted anti-bullying policies to meet requirements for internal reporting and investigation outlined in a new state law.
According to information from the Missouri Bar, the criminal code previously included “third-degree assault,” a class A misdemeanor; and “assault while on school property,” a class D felony. Assault while on school property no longer exists under the new code, and third-degree assault became a class E felony, requiring proof of knowingly causing physical injury.
Dan Knight, Boone County prosecutor, said the definition of physical injury is “slight impairment of any part of the body or temporary loss of use of any part of the body.” Previously, the definition included simple physical pain or illness.
The new code also creates the crime of first-degree harassment, a class E felony, which is described as purposely causing emotional distress. Knight said emotional distress is defined as “something markedly greater than the level of uneasiness, nervousness, unhappiness or the like which are commonly experienced.”
“My job is to seek justice and to try my best to protect the community,” Knight said, adding that doesn’t involve filing the heaviest charges on or seeking the maximum penalty for every defendant.
Ruth McCluskey, chief juvenile officer for the 13th Judicial Circuit, said some serious instances of school bullying could be referred to juvenile authorities, as could school fights involving serious injuries, though she said that’s unusual.
“We have a lot of discretion,” she said. “We’ve already been proactive with educational programming for juveniles referred to us. Most of the time, we can resolve things out of” juvenile court. “We’re working on programs to educate kids about bullying when they make a bad decision.”
She said the agreement among Columbia Public Schools and police agencies to allow the school district to handle minor crimes committed by students has reduced the number of students referred to her agency.
Kurt Valentine, chief juvenile officer in Cole County, said no one would be charged with a felony if two kids get in a fight in a school hallway. If a student assaults another student, that might be a criminal matter. He said he considers if a situation is school behavior or criminal behavior, and that hasn’t changed under the new criminal code.
“Our prosecutors have always had discretion about pursuing criminal charges,” Cutler said. “Our counties are not going to use manpower and resources to prosecute a student for what we call a school fight.”
Cutler said the new criminal code is good for all Missourians because it gives prosecutors and judges more discretion with charges and sentences.
Columbia Public Schools Superintendent Peter Stiepleman said he was reassured by Knight and McCluskey’s comments, noting the agreement among CPS and police agencies is a positive step.
“We feel we’re on the same page,” Stiepleman said.
But, he said, he doesn’t like the felony harassment and assault provisions in the criminal code, and CPS will continue to lobby legislators to repeal it. He said the term “harassment” is too subjective, even under the new definition, and it requires police and prosecutors to determine if a situation is isolated, or if it could be repeated by the student.
“It is still problematic in my eyes,” Stiepleman said.
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