I've been reading a bit about these new airport security rules and greatly appreciate the information and links provided in this thread.
I made the decision a few years ago not to fly anymore unless absolutely necessary (for instance, to attend a funeral on short notice). This had to do with the generally undesirable conditions for a "big ol boy" like me, cramped seats etc., plus all the new security regulations, and flying with very young children all just made the whole experience a nightmare for me. So my wife and I agreed we would buy the minivan she wanted with the understanding that we would from that point forward DRIVE to California to see her parents instead of flying.
But these new "enhanced screening" techniques have me considering whether I will ever again allow my children to fly at all. As they get older, grandparents are begging us to just put the kids on the plane by themselves (my brother and I used to do this often when we were kids) so they can visit even if mommy and daddy have to work.
But the thought of some government lacky "patting down" my daughter's private areas is terrifying. I also seriously question the legality of such pat downs. I am of course not a lawyer, but one of the basic tenants of sexual crimes against children is that minors are incapable of ever giving consent to sexual conduct of any kind. Reviewing Texas law, it seems "sexual assault" would not apply (won't go into the horrible details, you can read the statutes for yourself), but how does a TSA "enhanced pat down" of a minor child get around this Texas PC 21.11 Indecency with a Child? The only point raised in law below that might make it more difficult to prove is the "intent" written in subsection (c) that I have placed in bold type below.
Is TSA's loophole to violating this law (and other similar laws I'm sure all 50 states have) merely the implied "consent" of the minor child's parents? What if parents refuse to consent? Will we be detained or even arrested as the "if you touch my junk ..." guy in San Diego was arrested last week?
This is all madness.
Sec. 21.11. INDECENCY WITH A CHILD. (a) A person commits an offense if, with a child younger than 17 years of age, whether the child is of the same or opposite sex, the person:
(1) engages in sexual contact with the child or causes the child to engage in sexual contact; or
(2) with intent to arouse or gratify the sexual desire of any person:
(A) exposes the person's anus or any part of the person's genitals, knowing the child is present; or
(B) causes the child to expose the child's anus or any part of the child's genitals.
(b) It is an affirmative defense to prosecution under this section that the actor:
(1) was not more than three years older than the victim and of the opposite sex;
(2) did not use duress, force, or a threat against the victim at the time of the offense; and
(3) at the time of the offense:
(A) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or
(B) was not a person who under Chapter 62 had a reportable conviction or adjudication for an offense under this section.
(b-1) It is an affirmative defense to prosecution under this section that the actor was the spouse of the child at the time of the offense.
(c) In this section, "sexual contact" means the following acts, if committed with the intent to arouse or gratify the sexual desire of any person:
(1) any touching by a person, including touching through clothing, of the anus, breast, or any part of the genitals of a child; or
(2) any touching of any part of the body of a child, including touching through clothing, with the anus, breast, or any part of the genitals of a person.
(d) An offense under Subsection (a)(1) is a felony of the second degree and an offense under Subsection (a)(2) is a felony of the third degree.