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Decision on felony charges for student in yearbook photo prank

MESA, Ariz. -- A Phoenix-area high school student won't be prosecuted on a felony charge after police say he exposed himself in a football team picture that ended up in the school yearbook.

The Maricopa County Attorney's Office announced Wednesday that 19-year-old Hunter Osborn won't be prosecuted on a felony charge of furnishing harmful items to minors.

The misdemeanor charge of indecent exposure was returned to Mesa police for further investigation.

Police said all parties involved no longer seek prosecution and the case will be closed.

Osborn was arrested after police were alerted Saturday to a Red Mountain High School team photo showing Osborn exposing his penis through the top of his waistband.

The picture in question was a standard high school football group photo, with Osborn standing on the second row of bleachers smiling. Two players in front of him appear to have given enough space between themselves to allow Osborn to expose himself. Some students told CBS affiliate KPHO they didn't even notice until adults started making a big deal out of it.

Hunter Osborn
Hunter Osborn. Mesa Police Dept. via KPHO-TV

The 19-year-old had been booked for 69 counts of indecent exposure -- a class 1 misdemeanor -- and one count of furnishing harmful items to minors -- a class 4 felony, KPHO reported.

At the time, Det. Steve Berry of the Mesa Police Department said they arrived at that number of criminal charges because there were 69 students, ranging in age from 15 to 19, and 10 faculty members present when the picture was taken.

According to police, Osborn said he was dared by teammates to expose himself, and that in retrospect he was "disgusted" with himself for doing it.

A neighbor told KPHO that Osborn is intelligent and considerate.

"I hope that something can be done so that this doesn't ruin his life, his career," said the neighbor, who asked to be identified only as Jim. "He's been a good neighbor. He doesn't go out and party all the time. He has a job that he works at; he's punctual. He gets up and goes to school every morning. He gets up on Sunday and goes to church. I really feel for the guy."

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