Legal Question in Constitutional Law in California
Nieghborhood children peeping in windows
I have reason to believe that some of the children in my nieghborhood have been comming on to the property and looking into my bedroom window late at night. recently I have noticed missing planks in the neighbors' fence where these children could easily come and go as they please and on several occasions I have notice the gate in my yard had been opened. on top of that I have heard these children in passing talking about ''I didn't see anything, he was just lying in bed'' and possibly a defamatory statement about what I might be doing in room. My questions are? what kind of proof do I need to prosecute? would it be advisible to try and catch them in the act my self? and how likely would it be to get anykind of damages, considering they are children?
1 Answer from Attorneys
Re: Nieghborhood children peeping in windows
Getting damages for these actions seems very unlikely. The invasion of your privacy is modest, the "defamatory statements" made by children to one another could scarcely have harmed your reputation (which is what defamation means), and the fence they damaged isn't even yours.
The only crime you could even theoretically prosecute here would probably be trespassing, but even there you would need to be able to make much more serious allegations. If you think busy prosecutors are going to take the time and resources to go after a bunch of children who are just doing what children do, then you really don't have a good sense of how the world works.
Besides, what could possibly entice even more children to spend more time pestering a cranky neighbor than the knowledge that they really got under his skin? If you take the kind of action you have in mind, you will probably not see the neighborhood kids all fall in line.
Instead of hiring a lawyer, just invest in a window shade or some nice curtains. The children will go away soon enough.
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