I ran across the police report totally by accident -- searching for crime in my neighborhood:
http://www.ci.houston.tx.us/departme/police/nr020204-1.htmGood to know HPD is right on top of it!
Date: February 2, 2004
Subject: No Criminal Charges To Be Filed For Halftime Performance
In response to multiple phone calls from the public, Acting Chief of Police Joe Breshears reiterated that no criminal charges would be filed in connection with the Super Bowl halftime performance of entertainer Janet Jackson. Chief Breshears announced that he has re-verified with both the Harris County District Attorney’s Office and the City Prosecutor’s Office that it would not be appropriate to file criminal charges in this case.
Some watching the performance were upset when Ms. Jackson’s breast was exposed, thus prompting phone calls to the police department questioning why no criminal charges were filed. Chief Breshears pointed out that at the time of the incident representative’s from the District Attorney’s Office and the City Prosecutor’s Office were consulted. From the start the impression was that what had occurred on stage would not support a criminal charge. Both offices were asked to re-visit the issue today and both came to the same conclusion once again.
The question was also asked if it would be appropriate to file any assault charge against Justin Timberlake. The filing of a criminal charge against Mr. Timberlake would only be considered if Ms. Jackson herself pursued the filing of a charge. A prosecution of such a charge would have to proceed under the theory that Mr. Timberlake intentionally or knowingly caused physical contact with Ms. Jackson when he knew or should have reasonably believed that she would have regarded the contact as offensive or provocative. Given the fact the contact occurred during a dynamic performance would make this very hard to prove.
Lastly, Chief Breshears noted that actions that may seem in poor taste do not necessarily rise to the level of violations of Texas law.