Charges dropped against mom trying to record daughter's bullies

Cydney Henderson | The Republic | azcentral.com

Show Caption Hide Caption Mom Sent Child to School With Recorder, Now Faces Felony Sarah Sims daughter complained that she was being bullied in her elementary school.

A Virginia mother is no longer facing a felony charge after trying to help her 9-year-old daughter who complained of being bullied in school.

Sarah Sims, 47, of Norfolk, Va., had placed a digital audio recorder in her daughter’s backpack in September in hopes of capturing audio from the fourth-grader’s classroom. Ocean View Elementary School officials confiscated the device after finding it.

“The next thing I know, I’m a felon. Felony charges and a misdemeanor when I’m trying to look out for my kid,” Sims told a reporter from WAVY-TV, Portsmouth, Va. She said she had resorted to using the electronic device after calls and emails to officials at her daughter's school went unanswered.

Earlier this month, Norfolk police charged Sims with intercepting wire, electronic or oral communications — a felony — in addition to a misdemeanor charge of contributing to the delinquency of a minor, based on the September confiscation of the device, according to CNN.

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However after reviewing the case, on Wednesday the Norfolk Commonwealth's Attorney's Office decided not to prosecute, WAVY-TV reported. It asked a judge to dismiss all the charges.

“I can breathe,” Sims told the station after a hearing Wednesday. “This boulder I’ve had on my chest for weeks was just alleviated. I slept pretty good for a solid three hours."

Amanda Howie, spokeswoman for the attorney's office, told CNN that the office decided against prosecuting the case despite having evidence to support the charges.

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Virginia is a one-party consent state, according to Digital Media Law.

That means “you may record a conversation or phone call if you are a party to the conversation or you get permission from one party to the conversation in advance.” But Sims wasn't present during the recording, so what's is not immediately clear is whether Sims' 9-year-old daughter could legally have been that one party who gives consent because she is a minor.

Other states, such as neighboring Maryland, require all parties to a conversation to consent to be recorded.

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Almost 6,000 people signed a change.org petition calling for the charges against Sims to be dropped. Similarly, the Virginia branch of the American Civil Liberties Union and other social media users jumped to Sims' defense.

Norfolk Public Schools officials said they take any accusation of bullying, whether by a student or staffer, seriously and conduct a thorough investigation, according to a statement that school district officials released Wednesday.

Follow Cydney Henderson on Twitter: @CydHenderson