NEW BRUNSWICK, N.J. (CBSNewYork/AP) — Authorities want to upgrade one of the charges against a former Rutgers student accused of using a webcam to spy on his roommate’s intimate encounter with another man.

Dharun Ravi is charged with bias intimidation, invasion of privacy and hindering prosecution.

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Judge Glenn Berman says he caught mistakes in the hindering charges. One was a lower grade than it should have been and two were higher.

Prosecutors are asking to upgrade the one that was too low. But Berman says it might not be fair to make Ravi pay for a mistake the judge caught.

Ravi allegedly used a webcam to watch his roommate, 18-year-old Tyler Clementi, have an intimate encounter with another man, known only as M.B., in their dorm room in Sept. 2010. Prosecutors said the video was then streamed live in an Internet chat room.

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Clementi later jumped to his death from the George Washington Bridge.

In Jan., a judge ruled that M.B.’s full name will be on a list of potential witnesses on a questionnaire jurors will fill out. Attorneys customarily provide the lists to ensure no potential juror knows a potential witness.

In Oct. of 2011, M.B. told a judge in a written statement he feared his name will leak out to the public if it is released to jurors.

Jury selection for Ravi’s trial is scheduled to begin Feb. 21.

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