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Pencil Prank Assault: Boy, 12, Impales Student in Buttocks

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By Stephanie Rabiner, Esq. on April 06, 2011 9:47 AM

The pencil prank--where a child puts a pencil on another's seat so that it pokes him when he sits down--is a mainstay on comedic television geared towards children.

Having a little fun, a 12-year-old boy at Sailorway Middle School in Ohio decided to take on the well-known prank. But, unlike television, someone actually got hurt.

The pencil impaled his classmate in the buttocks.

The two 12-year-old boys were reportedly in choir class when one decided to pull the pencil prank. He held the pencil on the chair as his classmate sat down.

Instead of breaking as expected, the pencil went through the student's jeans and underwear, a few inches into his skin, reports The Smoking Gun.

When police arrived at Sailorway Middle School, the prankster told officers that he didn't mean to hurt the boy, reports Fox 8 News. Like many children, he believed that the prank would merely elicit a few laughs.

After being arrested and released, the prankster was suspended from school for 5 days, according to the station.

Criminal assault law doesn't require intent to harm for prosecution. In Ohio, it merely requires that someone knowingly or recklessly act in a way that causes physical harm to another.

This means that even though the child did not intend any harm with the pencil prank, the fact that injury was foreseeable is enough to convict him.

However, because the boy is a minor, and did not intend to be malicious, a juvenile court judge is likely to be lenient in his punishment. In fact, the liason between Sailorway Middle School and the local police department told Fox 8 News that he believes that the boy will only be given probation.

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