MC:
Some state statutes declare any situation created which results in "mental discomfort" to be punishable as a felony!
This is just a case of out-of-control prosecutorial discretion waiting to happen.
Take the Oklahoma statute:
Quote:
F. For purposes of this section:
1. "Hazing" means an activity which recklessly or intentionally endangers the mental health or physical health or safety of a student for the purpose of initiation or admission into or affiliation with any organization operating subject to the sanction of the public or private school or of any institution of higher education in this state;
2. "Endanger the physical health" shall include but not be limited to any brutality of a physical nature, such as whipping, beating, branding, forced calisthenics, exposure to the elements, forced consumption of any food, alcoholic beverage as defined in Section 506 of Title 37 of the Oklahoma Statutes, low-point beer as defined in Section 163.2 of Title 37 of the Oklahoma Statutes, drug, controlled dangerous substance, or other substance, or any other forced physical activity which could adversely affect the physical health or safety of the individual; and
3. "Endanger the mental health" shall include any activity, except those activities authorized by law, which would subject the individual to extreme mental stress, such as prolonged sleep deprivation, forced prolonged exclusion from social contact, forced conduct which could result in extreme embarrassment, or any other forced activity which could adversely affect the mental health or dignity of the individual.
(emphasis added)
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Under such a definition, yes, I suppose you could make a case that being forced to clean the bathroom of the fraternity house could "adversely affect" the dignity of a pledge.
That's really scary stuff.
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