MONROE - There does not appear to be sufficient evidence to charge a 15-year-old male with the crime of "bomb scare" for the March 30 incident at Monroe High School, Green County District Attorney Gary Luhman said Thursday.
Luhman, in a news release, said he made that determination based on the Monroe Police Department's initial investigation and basic information provided to his office.
In a late afternoon Thursday statement, Luhman indicated the written threat from the incident on March 30 may not have been specific enough to constitute the crime of bomb scare under Wisconsin Criminal Code. The crime of bomb scares requires proof that the actor conveyed information, whether true or false, concerning an attempt to destroy property by means of explosives, Luhman said in the statement.
The Monroe Police Department tentatively charged the 15-year-old with one count of disorderly conduct for the March 30 incident, where a written message, alleged to be a threat, was found by school officials and resulted in the evacuation of the school.
The juvenile is being referred to the Green County Juvenile Intake Division of the Children, Youth and Family Unit at Green County Human Services. Juvenile Intake authorities have 40 days to conduct an initial inquiry and make a recommendation to the District Attorney's office. Upon receipt of the Intake recommendation, the District Attorney's office has 20 days to file delinquency petition.
Luhman cited two Wisconsin Supreme Court Cases from 2001, which have applied the criminal defense of disorderly conduct to "written speech."
Luhman noted that purely written speech can constitute disorderly conduct where it is abusive - injurious, improper, hurtful, offensive and reproachful.
Written speech that contains a "true threat" constitutes disorderly conduct in comparison to written speech that is made in jest, or is simply innocuous talk, expressions of political views, satire or hyperbole, Luhman said.
A person conveying a "true threat" - whether by an oral statement or in a writing, need not have the ability to carry out the threat to be convicted of the crime of disorderly conduct, he added.
Luhman noted that another potential charge for the alleged conduct from the March 30 incident may be the misdemeanor crime of graffiti, based on the allegations that this threatening message was written directly on the property of the Monroe school district, without the consent of school officials.
Luhman said this would be a particularly appropriate charge, as any person convicted of the crime of graffiti may be ordered to perform 100 hours of community service that is designed to show the defendant the impact of his or her wrong doing.
The Monroe Police Department advised the district attorney's office on Thursday that a 15-year-old Monroe High School student had been identified as a suspect and charged as a result of an ongoing investigation into recent incidents at the high school, and was released to a parent of legal guardian after he was charged.
The charges sought against the 15-year-old in this incident are only allegations and have not yet been proved. Juveniles younger than 17 who are alleged to have committed delinquent acts have specified statutory and constitutional rights, including the right to closed hearings in Juvenile Court, the right to a fact-finding hearing before a Juvenile Court Judge, the right to have all allegations in a delinquency petition proven beyond a reasonable doubt and many other important constitutional and statutory rights.
Luhman, in a news release, said he made that determination based on the Monroe Police Department's initial investigation and basic information provided to his office.
In a late afternoon Thursday statement, Luhman indicated the written threat from the incident on March 30 may not have been specific enough to constitute the crime of bomb scare under Wisconsin Criminal Code. The crime of bomb scares requires proof that the actor conveyed information, whether true or false, concerning an attempt to destroy property by means of explosives, Luhman said in the statement.
The Monroe Police Department tentatively charged the 15-year-old with one count of disorderly conduct for the March 30 incident, where a written message, alleged to be a threat, was found by school officials and resulted in the evacuation of the school.
The juvenile is being referred to the Green County Juvenile Intake Division of the Children, Youth and Family Unit at Green County Human Services. Juvenile Intake authorities have 40 days to conduct an initial inquiry and make a recommendation to the District Attorney's office. Upon receipt of the Intake recommendation, the District Attorney's office has 20 days to file delinquency petition.
Luhman cited two Wisconsin Supreme Court Cases from 2001, which have applied the criminal defense of disorderly conduct to "written speech."
Luhman noted that purely written speech can constitute disorderly conduct where it is abusive - injurious, improper, hurtful, offensive and reproachful.
Written speech that contains a "true threat" constitutes disorderly conduct in comparison to written speech that is made in jest, or is simply innocuous talk, expressions of political views, satire or hyperbole, Luhman said.
A person conveying a "true threat" - whether by an oral statement or in a writing, need not have the ability to carry out the threat to be convicted of the crime of disorderly conduct, he added.
Luhman noted that another potential charge for the alleged conduct from the March 30 incident may be the misdemeanor crime of graffiti, based on the allegations that this threatening message was written directly on the property of the Monroe school district, without the consent of school officials.
Luhman said this would be a particularly appropriate charge, as any person convicted of the crime of graffiti may be ordered to perform 100 hours of community service that is designed to show the defendant the impact of his or her wrong doing.
The Monroe Police Department advised the district attorney's office on Thursday that a 15-year-old Monroe High School student had been identified as a suspect and charged as a result of an ongoing investigation into recent incidents at the high school, and was released to a parent of legal guardian after he was charged.
The charges sought against the 15-year-old in this incident are only allegations and have not yet been proved. Juveniles younger than 17 who are alleged to have committed delinquent acts have specified statutory and constitutional rights, including the right to closed hearings in Juvenile Court, the right to a fact-finding hearing before a Juvenile Court Judge, the right to have all allegations in a delinquency petition proven beyond a reasonable doubt and many other important constitutional and statutory rights.