Charges Filed in Tweeted School Restroom Photo

Sep 4, 2012

The Tulsa County District Attorney’s Office filed two misdemeanor charges against a high school student today for taking a photograph of another student’s buttocks.

Jonathan David Devito, 18, was charged with one count of Peeping Tom and one count of violating the Oklahoma Computer Crimes Act.  Each charge carries a maximum of one year in the Tulsa County jail in addition to fines. The District Attorney’s Office declined to file felony charges against the student.        

“Our review resulted in these two misdemeanor charges,” said First Assistant District Attorney Doug Drummond. “There was no question that poor judgment took place, but we do not believe the evidence supports the filing of any felony charges.”

The first charge alleges that Devito photographed another student’s buttocks during school hours while that student was using the urinal at Union High School. The second charge alleges that Devito used his phone and Twitter account to send the photograph to others. As with anyone charged, Mr. Devito is presumed innocent until and unless he is proven guilty in a court of law.

“Being sensitive toward others is an important life lesson for everyone, young and old,” Drummond said. “Hopefully, the publicity from this case will serve as a strong reminder to respect a person’s privacy. This case also underscores the need for responsible decision making in using smart phones and social media.”