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Well, he definitely would NOT have been required to say anything that was not an element of the crime, and there is no requirement of “hatred” in the bias intimidation statute. At most he would have had to admit that he was aware that secretly videotaping his roommate in a sexual encounter and would tend to cause the roommate to feel intimidated. </p>
<p>I found something else interesting at [Rutgers</a> Suicide Shock: Tyler Clementi?s Video Sex Torment - The Daily Beast](<a href=“Rutgers Suicide Shock: Tyler Clementi’s Video Sex Torment”>Rutgers Suicide Shock: Tyler Clementi’s Video Sex Torment) – it turns out that the very first rule in the student housing conduct manual is prohibition on the use of recording devices:</p>
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<p>So this is also a case of a student doing something he knew from the outset was expressly forbidden by his college and likely to result in expulsion. I don’t think he would have been doing that if his roommate had not been gay.</p>