Jason Kelce — former NFL star, ESPN analyst, and podcast sensation — is used to going viral, but last weekend, it was completely unexpected and unscripted. In a video widely distributed on social media, Kelce can be seen smashing a man’s phone outside Penn State’s Beaver Stadium after he shouted a homophobic slur about his brother, Travis, dating pop sensation Taylor Swift.
This incident has raised questions: Could Kelce face legal consequences? What about the heckler who incited him? In this article, the criminal defense attorneys at Varghese Summersett break down the potential legal implications, which depend on several factors, including the laws in Pennsylvania and whether law enforcement chooses to get involved.
Jason Kelce Confronts Fan Over Slur
Jason Kelce, former Philadelphia Eagles center, was involved in a heated altercation with a fan outside Beaver Stadium at Penn State University on Saturday, November 2, 2024. Kelce was walking through a crowd of fans while carrying a case of beer when a man in the background shouted a homophobic slur, targeting Kelce’s brother Travis and his relationship with pop star Taylor Swift. In response, Kelce turned around, grabbed the man’s phone, and forcefully smashed it on the ground.
The confrontation didn’t end there. After destroying the phone, Kelce picked it up and walked away. Another video angle shows the man, wearing a Penn State sweatshirt, chasing after Kelce and demanding the return of his phone. Witnesses reported that Kelce then repeated the slur back to the man, escalating the verbal exchange.
This incident occurred while Kelce was in State College for an appearance on ESPN’s “College GameDay” ahead of the Penn State versus Ohio State football game.
Potential Charges for Jason Kelce?
If Jason Kelce were to face criminal charges—which is a very big IF—they would fall under Pennsylvania law. Here’s a look at potential charges that could stem from the incident, with the most likely charge being criminal mischief or disorderly conduct.
Criminal Mischief
Under Pennsylvania Law, specifically Title 18, Section 3304, Kelce’s actions could be classified as criminal mischief. A person is guilty of criminal mischief if he or she:
1) Intentionally, recklessly, or negligently damage the tangible property of another using fire, explosives, or other dangerous means.
2) Intentionally or recklessly tamper with the tangible property of another in a way that endangers the person or property.
3) Intentionally or recklessly cause another to suffer pecuniary loss by deception or threat.
4) Intentionally deface or damage tangible public property or tangible property of another with graffiti using aerosol spray-paint, broad-tipped indelible markers, or similar devices.
5) Intentionally damage real or personal property of another.
6) Intentionally deface personal, private, or public property by discharging a paintball gun or paintball marker at that property.
The severity of the charge depends on the value of the damaged property. If the phone’s value is between $500 and $1,000—for a typical smartphone—it could be considered a third-degree misdemeanor, punishable by up to a year in jail and a maximum $2,500 fine.
In Texas, which is where we practice, criminal mischief is punished about as the same as in Pennsylvania.
Disorderly Conduct
According to Pennsylvania law (18 Pa.C.S. § 5503), a person is guilty of disorderly conduct if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, they:
1) Engage in fighting or threatening, or in violent or tumultuous behavior;
2) Make unreasonable noise;
3) Use obscene language or make an obscene gesture;
4) Create a hazardous or physically offensive condition by any act which serves no legitimate purpose;
Kelce’s act of smashing the fan’s phone could be seen as “violent or tumultuous behavior” in a public setting. The incident likely caused public inconvenience or alarm, given that it occurred in a crowded area outside a stadium. It’s interesting to note that the heckler could also potentially face a charge of disorderly conduct.
Disorderly conduct is typically a summary offense in Pennsylvania, punishable by up to 90 days in jail and a $300 fine. In Texas, which is where are criminal defense team practices, disorderly conduct is also usually a ticket, punishable by a $500 fine.
Assault
It has been suggested that Kelce could possibly face assault charges, but we believe that is unlikely. Here’s why:
- No physical contact: The incident involved Kelce grabbing and smashing the fan’s phone, but there are no reports of him physically attacking or threatening the fan directly. Assault typically requires either causing bodily injury or attempting/threatening to cause bodily injury.
- Focus on property damage: The actions described align more closely with criminal mischief or property damage rather than assault. Kelce damaged the fan’s property (the phone) but did not appear to physically harm the person.
- Provocation: The incident was provoked by the fan’s use of a homophobic slur, which could be seen as a mitigating factor.
- Lack of intent to harm: Kelce’s actions seem to have been an impulsive response to an offensive comment rather than an intentional attempt to cause physical harm to the fan.
Theft
By taking the phone after damaging it, Kelce’s actions could be construed as theft, though this would depend on his intent and how long he kept it. Our criminal defense team thinks it would be a stretch to charge Kelce with theft. Here’s why:
- Intent: Theft typically requires intent to permanently deprive the owner of their property. In this case, Kelce’s actions seem more impulsive and reactive rather than a planned attempt to steal the phone.
- Duration of possession: Kelce only briefly had possession of the phone after smashing it. One video shows the man chasing after Kelce to get his phone back, suggesting Kelce did not intend to keep it.
- Context: The incident occurred as a reaction to a provocative and offensive comment, not as an attempt to acquire someone else’s property.
- Focus on damage: The primary issue here is the damage to the phone, which aligns more closely with criminal mischief or property damage charges rather than theft.
- Lack of financial motive: There’s no indication that Kelce was trying to gain financially from taking the phone, which is often a component of theft charges.
Could The Heckler Pursue a Civil Suit for the Penn State Gam Altercation?
Beyond criminal consequences, it’s possible that the fan whose phone was broke could seek civil damages. In a civil lawsuit, the fan would not need to prove intent but only that Kelce’s actions led to their financial loss.
This could result in a demand for compensation for the phone’s replacement cost, and possibly, additional damages for emotional distress, depending on the circumstances. But it is likely? That’s a lot of work for a phone, but there is a lot of publicity surrounding the incident.
Because of the low value of the damages, the case might be more suitable for a small claims court. Also, the heckler’s use of a homophobic slur could be seen as provocation, which might affect how the court views the case.
So, while the heckler could technically pursue a civil case for property damage, the specific circumstances of the incident, including the heckler’s own behavior, could make such a case challenging. Additionally, the potential negative publicity and relatively low value of damages might discourage the heckler from pursuing legal action. Ultimately, the decision to file a lawsuit would depend on the heckler’s willingness to pursue the matter and their assessment of the potential costs and benefits of legal action.
Is Restitution an Option for the Smashed Phone?
Many property damage cases are resolved through restitution. If Kelce offers to compensate the fan by paying for the phone’s replacement, it might satisfy the fan and law enforcement, leading to a quick resolution without court involvement. In fact, informal settlements are common for property disputes and can prevent lengthy legal battles.
Could Kelce’s Heckler Face Legal Ramifications?
The heckler who used a homophobic slur against Jason Kelce’s brother could potentially face some legal ramifications, though it’s unlikely. Some possibilities could include disorderly conduct or harassment, but it’s unlikely that charges would be pursued unless the heckler has a history of similar behavior or if they continued to harass or threaten Kelce’s family.
Ultimately, it is up to law enforcement and prosecutors to decide if any legal action will be taken against the heckler or Kelce. However, this incident serves as a reminder for individuals to think before they speak and consider the consequences of their words. Derogatory language can not only lead to personal confrontations but also potential legal consequences.
Likelihood of Legal Action for Kelce-Fan Clash
While many viewed Kelce’s actions as inappropriate, there’s no clear indication that criminal or civil actions will be taken. Here’s why:
- The fan who used the slur may be hesitant to pursue charges, given their own behavior.
- Law enforcement may choose not to pursue charges, especially if the fan doesn’t press the issue.
- The incident might be resolved privately, with Kelce potentially offering to replace the damaged phone.
It’s worth noting that even if legal consequences are avoided, Kelce could face other repercussions, such as public criticism or potential disciplinary action from his employers or endorsements, depending on their policies. The situation is still developing, and the ultimate outcome will depend on various factors, including whether the affected individual chooses to pursue legal action and how local authorities decide to handle the incident.
Jason Kelce’s Speaks Out after Phone Smashing Incident
On Monday night, Kelce expressed regret for his actions on ESPN’s “Monday Night Countdown,” stating, “I’m not happy with anything that took place. I’m not proud of it”
He acknowledged that in a moment of anger, he reacted to hostility with more hostility, saying, “I chose to greet hate with hate, and I just don’t think that’s a productive thing” Kelce emphasized the importance of treating others with respect and common decency, reflecting on how he fell short of that standard during the incident.
Kelce’s apology came after footage of the confrontation went viral, showing him smashing the phone to the ground before walking away. He noted that he aims to live by the “golden rule” and regretted not adhering to that principle in this instance.
Takeaways from Phone-Smashing Altercation
While property damage laws vary, and circumstances can make a significant difference, high-profile incidents like this one often attract legal scrutiny. Whether Jason Kelce faces legal trouble depends on various factors, including the fan’s response, the nature of the incident, and any mitigating steps Kelce might take to resolve the situation.
This case reminds us that even minor actions can lead to unexpected legal consequences. If you or someone you know is facing charges stemming from an altercation at a Texas football game, consulting an experienced criminal defense attorney can make all the difference in navigating the legal process and protecting your rights. We handle cases in Fort Worth, Dallas, and Houston. Call 817-202-2220.
