Groups are popping up and challenging the new full-body naked scanners that are being implemented in airports across the nation (including in Grand Rapids). One such group, donstscan.us, has an excellent example of what these naked scans look like and an explanation of your right to "opt out."
If you do happen to opt out, however, you'll be subjected to a very intimate patdown of your entire body, including your genitals. There have been horror stories about what these patdowns involve. See here, here (an example of a three year old child getting felt up by the TSA), and here.
But I think an important question is when does this patdown cross the line and become criminal sexual conduct?
Michigan's Criminal Sexual Conduct statute has four degrees of criminal sexual conduct. The second and fourth degree crimes involve inappropriate touching of the genitals, even through clothing. For instance:
(1) A person is guilty of criminal sexual conduct in the second degree if the person engages in sexual contact with another person and if any of the following circumstances exists:
(a) That other person is under 13 years of age.
(b) That other person is at least 13 but less than 16 years of age and any of the following:
(iii) The actor is in a position of authority over the victim and the actor used this authority to coerce the victim to submit. (MCLA 750.520c)
CSC in the fourth degree is defined as follows:
(1) A person is guilty of criminal sexual conduct in the fourth degree if he or she engages in sexual contact with another person and if any of the following circumstances exist:
(a) That other person is at least 13 years of age but less than 16 years of age, and the actor is 5 or more years older than that other person.
(b) Force or coercion is used to accomplish the sexual contact. Force or coercion includes, but is not limited to, any of the following circumstances:
(ii) When the actor coerces the victim to submit by threatening to use force or violence on the victim, and the victim believes that the actor has the present ability to execute that threat.
(iii) When the actor coerces the victim to submit by threatening to retaliate in the future against the victim, or any other person, and the victim believes that the actor has the ability to execute that threat. As used in this subparagraph, "to retaliate" includes threats of physical punishment, kidnapping, or extortion.
(c) The actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless. (MCLA 750.520e)
Finally, how is "sexual contact" defined in the statue?
(q) "Sexual contact" includes the intentional touching of the victim's or actor's intimate parts or the intentional touching of the clothing covering the immediate area of the victim's or actor's intimate parts, if that intentional touching can reasonably be construed as being for the purpose of sexual arousal or gratification, done for a sexual purpose, or in a sexual manner for:
(ii) To inflict humiliation.
(iii) Out of anger. (MCLA 750.520a)
Keep in mind that if you believe you have been sexually assaulted by a TSA bureaucrat, it is fully within your rights to seek out a local police officer (the Grand Rapids airport has its own police force) and file a criminal complaint. If the airport police won't take your complaint, go to the Sheriff's department or another local police station.
It's time to end the expansion of the police state. Say "I opt out" every time you're asked to go through these scanners. Make sure the TSA agent is aware that you know about Michigan's Criminal Sexual Conduct statute.
PS: Don't forget that the very guy who was in charge of the TSA and placed the orders for these radiation naked body scanners now works for the company that manufactures them. It's corruption to the core.