Galen Stone, 55, a Brockton High School counselor, was arraigned today in Brockton District Court on various Massachusetts Sex Crimes Charges for allegedly taking lewd cellphone photos of female students. He was arraigned on sex crimes charges including Criminal Harassment and Annoying and Accosting a Member of the Opposite Sex.
According to the Plymouth County District Attorney’s Office, Stone allegedly took lewd photos with his cell phone of female students’ chest areas as they reached for candy that he placed on a cafeteria table.
Brockton High School administration initiated an investigation into Galen Stone following complaints from students that he was taking photos of them. When the Brockton High School headmaster asked to examine Stone’s cell phone, he consented, which revealed photos of several students in school, as well as a teacher at Brockton High School. In addition to those pictures, Galen Stone’s cell phone also contained other homemade and pornographic videos, including many videos taken of people that were apparently unaware that they were being videotaped.
The Massachusetts Sex Crime of Criminal Harassment is the willful and malicious pattern of conduct that causes another to suffer substantial emotional distress. The pattern of conduct, however, must involve three separate occasions at the same alleged victim; must be of a kind that would cause a reasonable person to suffer substantial emotional distress; in fact caused the alleged victim to be seriously alarmed; and the conduct was done in a manner that was willful and malicious.
By definition under Massachusetts criminal law, ‘substantial emotional distress’ means something more than the level of uneasiness, nervousness, or unhappiness.
In this regard, Galen Stone may have some very viable defenses against the sex crime of Criminal Harassment, notwithstanding the photos on his phone – particularly if there are no multiple photos of the same alleged victim.
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