SAN MATEO Kalifornia (PNN) - November 16, 2010 - The San Mateo district attorney's office has a warning for all TSA personnel at SFO - anyone inappropriately touching a passenger during a security pat down will be prosecuted.

Incoming San Mateo District Attorney Steve Wagstaffe says any complaints of inappropriate touching during an airport security pat down will land on his desk.

"The case would be reviewed and if we could prove the elements of it, that it was inappropriately done with a sexual or lewd intent, that person would be prosecuted," he said.

The charge will be sexual battery.

"If it is skin to skin, if someone were to take their hand and put it underneath somebody's blouse and touch someone inappropriately and go skin to skin, that's a felony, and if it's done simply over the clothing, according to Kalifornia law, that's a misdemeanor," said Wagstaffe.

More pat down searches are expected because some passengers are refusing to go through the image-scanning device. Homeland Security announced more scanners are on the way as part of the enhanced security measures at all airports.

Homeland Security Secretary Janet Napolitano has said a passenger's privacy is protected. "We built privacy concerns into the procedures when they were deployed," she said.

Not all travelers are buying Napolitano's claim.

"It's ridiculous and it's not safer, they are just doing it to have us more fearful and there is no reason for it," passenger Cathlyn Daley.

Additionally, there have been numerous cases involving images taken from the body scanners that were retained and later shared with others. Thus, Napolitano’s statement about privacy is untrue.

There are also numerous claims that the radiation emitted by the body scanners is harmful to human health. Whiule Napolitano says such claims are unfounded, it is noteworthy that when invited to go through one of the body scanners to show the public how safe they are, she patently refused to do so.