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A 17-year-old Georgia boy has been charged with a felony for allegedly secretly recording a video of two other teen students in the middle of sex in a school bathroom last week, PEOPLE confirms.
Kyle Steven Bahner faces a count of eavesdropping-surveillance for allegedly filming a male and female student — 16 and 15, respectively — while the latter two were engaged in a consensual sex act in a closed boy’s bathroom stall at their Atlanta-area high school on May 2, according to an arrest warrant obtained by PEOPLE.
Bahner allegedly reached over the bathroom stall and began to record the pair from above, the warrant states. He then shared the video with his friends and soon it spread throughout the school via social media and platforms, authorities claim.
Police say the video was recorded without the pair’s knowledge and was reported the following day by an assistant principal at Harrison High in Kennesaw. All three teens are students there.
• Want to keep up with the latest crime coverage? Click here to get breaking crime news, ongoing trial coverage and details of intriguing unsolved cases in the True Crime Newsletter.
“I took a video of a guy and a girl in a stall because I don’t see how they should let that happen and I was showing it to my friends,” Bahner allegedly told school administrators during their investigation, the warrant states.
He was arrested on Thursday after the school’s assistant principal reported the video to school district police. He was bailed out about an hour after his arrest, records show.
Under state law, Bahner is considered an adult for the purposes of criminal prosecution because he is at least 17 years old.
“This incident has been thoroughly investigated by school administrators and school district police. In addition to the criminal charge, appropriate action has been taken in accordance with the Student Code of Conduct,” the school district said in a statement to PEOPLE.
A district spokesman said he was unable to answer further questions.
It is unclear whether Bahner has an attorney who could comment on his behalf or if he has pleaded to his charge. He could not be reached directly on Wednesday.
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A social media video clip reportedly showing two students having sex in a Maryland high school classroom is under investigation by school officials and legal authorities.
The incident occurred in a classroom within Woodlawn High School, a school in the Baltimore County town of Gwynn Oak. Upon learning of the video, Principal Jamel Jernigan alerted parents in an October 8 letter. The letter has only recently been reported by local media.
"I was recently made aware of a social media post of a video involving Woodlawn High School students engaged in highly inappropriate behavior while in class," the letter said, according to WJZ-TV.
"An investigation is underway with school administration, our [Baltimore County Public Schools] safety manager and the Baltimore County Police Department," the letter continued.
Jernigan's letter didn't specify how many students were involved, their ages or the date of the incident. A student is believed to have recorded the incident, the aforementioned news outlet noted. It's also unclear if the alleged sex act or the reposting of the video constituted crimes.
The principal's letter did state, however, that students could be subject to possible disciplinary action if their behavior was found to be "inappropriate for the school environment."
The school has reportedly declined to comment on the case beyond acknowledging the existence of the principal's letter.
Newsweek contacted the Baltimore County Police Department for comment.
The recording and transfer of sexual content between teens have become more common as more teens own smartphones, the journal Pediatrics reported in May 2019.
At least 1 in 4 teens has received sexually explicit texts or emails, according to an April 2018 study published in the journal JAMA Pediatrics . Approximately 1 in 12 teens has forwarded sexual content to others without the consent of the sexual partners involved, the study added.
Sometimes sexual content is sent out to others as a form of cyberbullying known as "revenge porn." Revenge porn, which can originate from a former sexual partner or someone else who recorded other people's sex acts without their knowledge, is often meant to shame sexual partners.
U.S. state laws on teen sexting vary widely from state to state. The laws and their application depend on several factors. Those factors include the age of the people involved, the explicitly graphic nature of the content itself and how widely the content is shared.
Some states have decriminalized the production and sharing of teenage sexual content between teens, as long as the creation and sharing are consensual. Other states punish teen sexting as a misdemeanor charge or with felony child pornography charges.
Maryland has laws forbidding revenge porn, according to Cyberbulling.org. Maryland teens who engage in sexting can receive up to 20 years in prison and a lifetime sexual offender status for producing or possessing teen sexual content, the Pediatrics article noted.
"Interestingly, in these states, a teen sexter can be charged as both an offender and a victim," the article said.
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