James Logan High School teacher, Tom Mijares, has been placed on leave, pending an investigation, for posting an assignment that included an essay that graphically described 9-year-old girls watching a grown man masturbate until completion. Libs of TikTok received a copy of the assignment from an anonymous source.
The best they could get him on is CA PC 288.2, "Sending Harmful Material to Seduce a Minor", which has four elements the prosecution has to prove beyond a reasonable doubt to make this is a felony case:
the accused knowingly distributed, sent, or exhibited any “harmful material” to a minor by any means (including electronic communication),
when the defendant acted, he/she knew, or should have known, that the recipient was a minor (or failed to exercise reasonable care to ascertain the child’s age),
when the defendant acted, he/she did so with the intent to arouse the lust, passions, or sexual desire of himself/herself and/or the minor, and
when the accused acted, he intended to engage in sexual intercourse, sexual activity, or oral copulation with the minor.
IANAL but Tom could easily beat the rap by way of affirmative defense that he had no criminal intent (he wasn't aroused or causing a minor be aroused) and it would be difficult for a prosecutor to prove beyond a reasonable doubt.
Put it up to a jury to decide that. Start arresting these people, watch how fast this turns around. Make them sit in a jail waiting trial for a year too like J6.
You're talking about PC 311. Under PC 311.3, it is illegal to knowingly develop, duplicate, print or exchange any media that depicts a person under 18 years of age engaging in an act of sexual conduct.
Corruption of minors is PC 272. A a person violates PC 272(a) if he or she acts (or fails to act) in such a way that another person under the age of 18 becomes:
A dependent of the California juvenile court system;
A juvenile delinquent; or
A habitual truant.
And this would be an exercise in prior restraint. You'd have to prove that the minor's truancy/delinquency is a direct result of the material that teacher handed out.
Masturbation instruction is covered under the first amendment and signed off on by the folks who approve these instructional materials in schools and, as such, has never been illegal. I got taught that in sex ed in 6th grade (1980) but I had to get my parents to sign a permission slip for that first.
Why would the testimony of a pervert be credited? Offhand, I'd have to say that being a pervert isn't a crime as much as we'd like it to be.
And who decides what is and isn't perversion? Granted, teaching kids about masturbation is probably a good candidate but there could be things you, as an adult, engage in that could be construed as perverted.
I'm trying to work out whether or not you are making a serious attempt at defamation.
You're not engaged in anything perverted, eh? Good for you, but not everyone's going to buy that story. I bet if they looked hard enough.
Yes, as a matter of fact the first amendment does protect porn. Were you asleep through Miller v California? For more than half a century, the Supreme Court has drawn a line between pornography, which enjoys the protections of the First Amendment, and obscenity, which does not. The distinction between the two shows why any sort of all-encompassing government ban on porn would run afoul of the Constitution.
And criminal speech is also protected by the first amendment. I could sit here and type out instructions on how to rob a bank and nothing will be done about it.
Grooming has only become a federal crime in 2014. 18 USCS § 2422. the provision of the section reads as “(a) Whoever knowingly persuades, induces, entices, or coerces any individual to travel in interstate or foreign commerce, or in any Territory or Possession of the United States, to engage in prostitution, or in any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be fined under this title or imprisoned not more than 20 years, or both.
But that's only a federal case.
I submit it is you that is engaged in hyper-moralization. You obviously think masturbation, like homosexuality, is some kind of sin against God. I never once made implicit that I accept grooming kids as "cute" or "innocent".
If you tried this case in Alameda County a defense lawyer would absolutely shred you to pieces.
Every time I think that I have heard the sickest things possible about this “woke teaching” I am surprised to hear that that tops it for being disgusting.It is not only the teacher, it is that no one in the administration or on staff worried about this until exposed by Libs of Tik Tok. Maybe someone should have ambushed him on Parent Teacher day and made him justify this.
It’s like they’ve been preparing for this moment for years.. setting up a hiring system that recruits pedophiles for school jobs then once the system put enough in place they started promoting all this strange sexual stuff and made it illegal to criticize. So all the maniacs they hired and had in place could blossom into the open pedo groomers they are... and they get paid. Why else take such shitty pay unless you’re a fucking groomer... my kids homeschooled and i live in Florida. I don’t trust this public school board system ANYWHERT
Thank you for what to do. As a survivor of child sex abuse and working with lots of others who were, it’s extremely damaging, takes years/decades to recover from, and this shite is unacceptable.
It is weirdly hard to get bad teachers off of directories. I've seen professor remain in a staff directory for years after he died. I have no explanation for this but the lag time is always evident. Visualize one lone PC in the whole school, in a secure locked room, and a Mission Impossible to delete Mr. Mijares from the website. That's what these things seem to take, sometimes.
He should not only be fired, but arrested. Keep up the fight LoTT.
He should have been fired immediately. What about this requires any sort of deliberation while he is "on leave" and no doubt still being paid?
The union will defend him to the death! They will make the parents out to be racist bigots! Change the subject go to court.
The best they could get him on is CA PC 288.2, "Sending Harmful Material to Seduce a Minor", which has four elements the prosecution has to prove beyond a reasonable doubt to make this is a felony case:
the accused knowingly distributed, sent, or exhibited any “harmful material” to a minor by any means (including electronic communication),
when the defendant acted, he/she knew, or should have known, that the recipient was a minor (or failed to exercise reasonable care to ascertain the child’s age),
when the defendant acted, he/she did so with the intent to arouse the lust, passions, or sexual desire of himself/herself and/or the minor, and
when the accused acted, he intended to engage in sexual intercourse, sexual activity, or oral copulation with the minor.
IANAL but Tom could easily beat the rap by way of affirmative defense that he had no criminal intent (he wasn't aroused or causing a minor be aroused) and it would be difficult for a prosecutor to prove beyond a reasonable doubt.
Put it up to a jury to decide that. Start arresting these people, watch how fast this turns around. Make them sit in a jail waiting trial for a year too like J6.
There's a distinction between the J6 insurrectionists and these teachers:
The teachers have a union that has the ability - and the means - to hire lawyers.
Sure looks that way.
You're talking about PC 311. Under PC 311.3, it is illegal to knowingly develop, duplicate, print or exchange any media that depicts a person under 18 years of age engaging in an act of sexual conduct.
Corruption of minors is PC 272. A a person violates PC 272(a) if he or she acts (or fails to act) in such a way that another person under the age of 18 becomes:
A dependent of the California juvenile court system;
A juvenile delinquent; or
A habitual truant.
And this would be an exercise in prior restraint. You'd have to prove that the minor's truancy/delinquency is a direct result of the material that teacher handed out.
Masturbation instruction is covered under the first amendment and signed off on by the folks who approve these instructional materials in schools and, as such, has never been illegal. I got taught that in sex ed in 6th grade (1980) but I had to get my parents to sign a permission slip for that first.
Why would the testimony of a pervert be credited? Offhand, I'd have to say that being a pervert isn't a crime as much as we'd like it to be.
And who decides what is and isn't perversion? Granted, teaching kids about masturbation is probably a good candidate but there could be things you, as an adult, engage in that could be construed as perverted.
This would be a judgement call.
I'm trying to work out whether or not you are making a serious attempt at defamation.
You're not engaged in anything perverted, eh? Good for you, but not everyone's going to buy that story. I bet if they looked hard enough.
Yes, as a matter of fact the first amendment does protect porn. Were you asleep through Miller v California? For more than half a century, the Supreme Court has drawn a line between pornography, which enjoys the protections of the First Amendment, and obscenity, which does not. The distinction between the two shows why any sort of all-encompassing government ban on porn would run afoul of the Constitution.
And criminal speech is also protected by the first amendment. I could sit here and type out instructions on how to rob a bank and nothing will be done about it.
Grooming has only become a federal crime in 2014. 18 USCS § 2422. the provision of the section reads as “(a) Whoever knowingly persuades, induces, entices, or coerces any individual to travel in interstate or foreign commerce, or in any Territory or Possession of the United States, to engage in prostitution, or in any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be fined under this title or imprisoned not more than 20 years, or both.
But that's only a federal case.
I submit it is you that is engaged in hyper-moralization. You obviously think masturbation, like homosexuality, is some kind of sin against God. I never once made implicit that I accept grooming kids as "cute" or "innocent".
If you tried this case in Alameda County a defense lawyer would absolutely shred you to pieces.
I believe getting fired is about the only thing that will happen here.
Sick groomer pedophile.
Content aside, how is that essay even English? Why would anyone assign such gibberish in an English class?
I actually wonder if the guy wrote it himself. It seems odd that it is just printed on a plain sheet of paper with no author's name, etc.
Was what the teacher wrote? Or was that a student response to the assignment? If that was the teacher he should be fired for incompetence as well
Every time I think that I have heard the sickest things possible about this “woke teaching” I am surprised to hear that that tops it for being disgusting.It is not only the teacher, it is that no one in the administration or on staff worried about this until exposed by Libs of Tik Tok. Maybe someone should have ambushed him on Parent Teacher day and made him justify this.
After a long paid administrative leave he will quietly be assigned to a different school.
It’s like they’ve been preparing for this moment for years.. setting up a hiring system that recruits pedophiles for school jobs then once the system put enough in place they started promoting all this strange sexual stuff and made it illegal to criticize. So all the maniacs they hired and had in place could blossom into the open pedo groomers they are... and they get paid. Why else take such shitty pay unless you’re a fucking groomer... my kids homeschooled and i live in Florida. I don’t trust this public school board system ANYWHERT
Grooming
Thank you for what to do. As a survivor of child sex abuse and working with lots of others who were, it’s extremely damaging, takes years/decades to recover from, and this shite is unacceptable.
It is weirdly hard to get bad teachers off of directories. I've seen professor remain in a staff directory for years after he died. I have no explanation for this but the lag time is always evident. Visualize one lone PC in the whole school, in a secure locked room, and a Mission Impossible to delete Mr. Mijares from the website. That's what these things seem to take, sometimes.
This is so disgusting and if we don’t get our public schools cleaned up they MUST BE CLOSED!!!!!
. . . students were instructed to describe “what is going on in this short story”.
Had I been one of his students, here's what I would have written:
The short story is about of group of kids who watch an old hippie dude spank the monkey.
But you're a sick fuck for using that story as an English assignment. Full stop.
F’n sick psycho.
https://sites.google.com/a/nhusd.k12.ca.us/james-logan-puente/puente-team
I know that school. It was right down the road from where I lived in Fremont.
Good work!!!
Are you ever worried about the Chinese communist party tracking you?