"At the least it's simple battery, absolutely at the least," said Baton Rouge District Attorney Hillar Moore. "They are touching him without his consent. Secondly, he takes his genitals out and rubs them on his body and then he actually, as you see, rubs them on his face. You know, sexual battery-the touching of another. If this were in Baton Rouge, and I could locate him and find him, I'd try to try him for anything I could try him for."
Moore doesn't have jurisdiction in this case, but Birmingham defense attorney Tommy Spina agrees.
He says this fan could be labeled a sex offender if convicted and says there may be ways prosecutors can find him.
"To have a video of a crime while it's occurring is a leg up for the prosecution if they can get someone who's in the video or someone who's not drunk anymore to come to their senses and feel they have some moral obligation to tell what they know," Spina said. "If that happens then you'll see it start to unravel."
"I'm not gonna come down too harshly on my fellow Alabamians," Finebaum said. "This rivalry's already as intense as any in college football. Is this going to make it even more intense?"