HISD middle schooler suspended and jailed for bathroom video

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HOUSTON, TX - Think your cellphone's the coolest thing in the world? Think again! One middle schooler's phone got him arrested Monday. Not his phone exactly, but what he did with it.

It happened at Sugar Grove Academy, a middle school in Sharpstown. Parents we talked to knew nothing about the crime, but the students sure did!

"In the football team, there was a boy," says Ashley Aricazaga,12, "and he was recording another boy using the restroom."

Auntraena Williams, 13, picks up the story, "He bust in the restroom and started taking pictures and videos of him."

"He was putting it on social media, and like, everybody started hearing that," says Cindy Santamaria, 14, "and so they just started making fun of him."

"Instagram, facebook and he exposed him and showed everybody at the school," says Williams.

"So somebody found out what happened," says student Louis Andrade, "and they snitched on him, so he got in trouble for what he did."

He not only got in trouble, he was arrested and charged with improper photography or visual recording-- a felony!

Houston criminal defense attorney Thuy Le explains the charge, "It makes it a criminal offense for someone to invade another person's privacy by either capturing or disseminating or forwarding any sort of images which invades another person's privacy . And that includes any sort of recording taken inside a locker room or bathroom."

Le says if the student is under 17 (and let's hope he is since he's in 8th grade!), he can get probation and be sentenced to the custody of the Texas Juvenile Justice Department until he's 19.

Funny thing, though, he wasn't expelled by the school, just suspended. This, despite HISD's code of conduct stating a student who commits a felony must be sent to a disciplinary alternative education program. We asked HISD why the leniency and they didn't have an answer. They did say other members of the football team in the bathroom who shared the video were also disciplined.

And don't expect to see them on the football field any time soon. "The coach got mad and there was no football team no more because of that," says Saul Coronado, a Sugar Grove student. The coach cancelled the season's final game against Hamilton.

No word when the felonious footballer will be back at school, but when he does return, let's hope he learned his lesson and leaves his cell phone at home.