Mooning Prospective Buyers

[NoJustice]

California

We've had ongoing problems with a neighbor about developing a building site our rural property. We have the property for sale now and the last prospective buyers we took to view the property were mooned by the teenage (about 14 years of age) resident in our neighbor's home.

In addition to the mooning, while his pants were still dropped he faced us, in the large front window of their home, and made vulgar, suggestive motions.

Is there anything illegal about what he did?

And, do you have any suggestions on what we might be able to do about this behavior?

This boy and his younger brother and sister are frequently left alone in the home. Is a 14 y/o considered old enough to be left in charge of younger siblings about 12 and 9?

Thanks in advance for your response.

 

[HomeGuru]

California

We've had ongoing problems with a neighbor about developing a building site our rural property. We have the property for sale now and the last prospective buyers we took to view the property were mooned by the teenage (about 14 years of age) resident in our neighbor's home.

In addition to the mooning, while his pants were still dropped he faced us, in the large front window of their home, and made vulgar, suggestive motions.

Is there anything illegal about what he did?

And, do you have any suggestions on what we might be able to do about this behavior?

This boy and his younger brother and sister are frequently left alone in the home. Is a 14 y/o considered old enough to be left in charge of younger siblings about 12 and 9?

Thanks in advance for your response.

**A: and were all these kids singing How High the Moon or Moon River? And were the suggestive motions akin to those made by the Chippendale's Male Revue?
Butt, did you call the police and file a complaint?
Did you speak with the Mooner's parents about the incident?

 

[calatty]

The crime is indecent exposure, a violation of Penal Code section 314 which punishes anyone who "willfully and lewdly exposes his person, or the private parts thereof, in any public place, or in any place where there are present other persons to be offended or annoyed there."

 

[NoJustice]

Mooning--etc.

California...
**A: and were all these kids singing How High the Moon or Moon River? And were the suggestive motions akin to those made by the Chippendale's Male Revue?
Butt, did you call the police and file a complaint?
Did you speak with the Mooner's parents about the incident?

1. The kids were inside the house so I couldn't hear if they were singing or not... They were knocking on the window to get our attention.
2. Chippendale's Male Revue would have hired him in a NY minute... I must admit the kid had some good moves!!!
3. Yes, I did call the local Sheriff and filed a complaint... The deputy ask me what I wanted to happen... I told him I want it STOPPED!!! The deputy seemed to think it was funny!!
4. The kids grandmother, who owns the property, has an attorney and we are under court order stating "Each party, their agents, servants, tenants, guests and others acting on behalf of or under the control of each party are restrained and enjoined from harassing the other or trespassing upon the property of the other including the appropriate restraint of any pets."

We already have a court date Re Contempt of Court regarding their numerous other issues of trespassing and failure to obey other court orders in about two weeks. She was in direct contempt of court in December but the Judge gave her another chance AND another chance.

We just got sick of trying to deal with the Sheriff without results regarding trespassing and dogs at large and decided to request an Order to Show Cause re (Indirect/Constructive) Contempt last month.

From what I understand I cannot bring up new documentation/evidence that hasn't been shared with her and the court in the Affidavit that accompanied the original request for an OSC. Is this true in California?? I do not want to submit supplemental papers since we would have to pay the Sheriff to serve her personally, again. And, I feel our original affidavits contain more than enough evidence for her to be found guilty already.

Could a 14 year old boy be charged under Penal Code 314?

Thanks for your reply.

 

[calatty]

A 14-year-old can be charged with any crime. The only difference is his case is handled through the juvenile court system.

 

[totallybroke]

have you and a friend get a disposable camera, go out to the property like you are showing it, when he does it again, start clicking. If the Sheriff doesn't want to do anything about it, go over his head, take copies of the pictures and a notorized statement from your friend and demand something be done.

It is very obvious that these kids don't have any respect for themselves or anyone else, and since they are the soon to be adults of this world we live in, I consider that very sad and scary!

 

[NoJustice]

?? for CA Lawyer

From what I understand I cannot bring up new documentation/evidence that hasn't been shared with our adversary and the court in the Affidavit that accompanied the original request for an OSC. Is this true in California??

This mooning incident took place AFTER we had already requested an OSC via an Affidavit of Facts... I would like to bring this up in Court, but do not wish to have to complete another affidavit and pay to have it served.

Can I bring up new evidence when we go to Court in a few days?

Thanks for your response.

 

[HomeGuru]

Re: ?? for CA Lawyer

From what I understand I cannot bring up new documentation/evidence that hasn't been shared with our adversary and the court in the Affidavit that accompanied the original request for an OSC. Is this true in California??

This mooning incident took place AFTER we had already requested an OSC via an Affidavit of Facts... I would like to bring this up in Court, but do not wish to have to complete another affidavit and pay to have it served.

Can I bring up new evidence when we go to Court in a few days?

Thanks for your response.

**A: I would. After all, the Butthead family violated the TRO.

 

[NoJustice]

Denied Copy of Sheriff's Report re Mooning

California.. An update. Since I am planning to press charges for indecent exposure and also use the incident in a future contempt of court action, I requested a copy of the Sheriff's Report.

After waiting for nearly a week I called to inquire about when I could pick up the report. I was told the request was denied. The deputy told me the matter had been taken up with the Judge. It just so happens this is the same Judge that has been involved in all our futile litigation over the past few months, and he denied my access to the report.

Any suggestions on where I go from here? I do have a Declaration signed by the prospective buyer documenting the incident, but apparently I will not be able to get a copy of the Sheriff's report.

Do you know of any laws about not giving copies of Sheriff's Reports out on juvenile matters??

Thanks for your continuing assistance...

 

[talianna]

Maybe an answer....

I'm no authority on this, but I just took my juvenile justice final tonight, so I'm hopefully a little familiar with the system. If not, I'm going to be one cranky lady when grades come out!

Most states keep juvenile matters as private as possible for the best interests of the juvenile. After all, we don't want to scar the little darlings for life, now do we? That's probably why you're being denied the report.

Kind of ironic that the report of them exposing their tushies, which should have remained private, is being denied because of their right to privacy because of their age. At least no one was blinded by the incident! I wish you luck in getting everything settled!

 

[NoJustice]

Now I'm a "Peeping Tom"

California..
Just an update for you..
I've been dealing with the local Sheriff's Office in an attempt to get something done about the kids mooning us and indecent exposure. I made contact with a Deputy that was being very helpful. She requested me to bring in copies of the Declaration signed by our prospective buyer and a copy of the Court Order against either us or the neighbor harassing the other or trespassing and she would assist me in getting the case before the DA.

After about two weeks the Deputy finally returned one of my calls and told me she was told to get out of the middle of this problem and referred me back to the Deputy that made the original report when I called to report the incident at the end of April.

The Deputy told me I--that is I... was guilty of being a peeping tom.. The kids were inside their home and even though they were banging on the window and waving frantically to get our attention before they mooned us and then turned around and made vulgar gyrations with their genatalia---that was not indecent exposure. The kids were doing nothing wrong according to the Deputy. It was me that was doing something wrong???

The Deputy further explained that Penal Code 314 dealing with indecent exposure must include lewd behavior to include sexual gratification. Maybe the Deputy is reading a different Penal Code 314 than the one I found online????

The Deputy continued to attempt to intimidate me by referring to different laws that I... that is I... broke!!!

We broke no laws. We were on our own property, about 50-60 feet from their residence. We had stopped to open the gate to the upper part of our property when the incident occurred.

These kids have been harassing us in many ways over the past few months... primarily riding dirt bikes on our property. One area in particular, of our property, had been made into dirt bike trails, by the kids, and we recently put up barbed wire fencing to keep them off the area. Speaking to their parents, sending Certified RRR mail, calling the Sheriff and even obtaining a court order against trespassing and harassing did not help. The barbed wire seems to have angered them a great deal.. but it appears to have decreased the amount of damage being done to our property.

I guess this is just the sort of thing that happens in rural California?????

Does anyone have any suggestions on where I might go from here to press charges??

Thanks for any assistance...