Felony case dropped against mom who tried to record daughter's bullies

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 placed a digital audio recorder in her daughter’s backpack in September, in hopes of capturing audio from the fourth-grader’s classroom.

School officials at Ocean View Elementary School in Norfolk confiscated the device after finding it, according to officials.

“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 local news WAVY.

The charges against her, however, have been dropped.

Social media responded 

Norfolk police earlier this month suggested Sims be charged with a felony - intercepting wire, electronic or oral communications - in addition to a misdemeanor charge of contributing to the delinquency of a minor, according to CNN.

After reviewing the case, the Norfolk Commonwealth Attorney’s Office decided not to move forward with the charges Wednesday, reports WAVY. 

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

Nearly 5,000 people signed a change.org petition calling for the charges against Sims to be dropped. Similarly, the Virginia branch of ACLU and other social media users jumped to Sims defense.

What happened?

The charges stemmed from a September incident where the 47-year-old mother decided to investigate whether her daughter was being bullied.

Sims, who is a student at Virginia’s Norfolk State University, said she called and emailed the school administration about the alleged bullying, but did not receive a response.

“If I’m not getting an answer from you, what am I left to do?” she asked WAVY.

Sims took matters into her own hands.

The device “was a way to make sure the classroom was a safe place,” Sims’ attorney Kristin Paulding told CNN.

Her daughter placed the device in her desk to record the school day. They were unable to hear anything the recorder picked up since it was confiscated.

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.”

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