Legal Question in Civil Litigation in California

Re: obscene words/gestures in presence of minor child

Not really. There are certainly laws against obscenity but that is generally a criminal matter and the local D.A. has to prosecute. There is a civil action that may be persued as Mr. Hobbs made reference to but it is a rather tedious and difficult cause of action to persue.

Martin

Re: obscene words/gestures in presence of minor child

Not that I'm aware of. I know some jurisdictions (states) have them. There's always a legal issue that this material (words and gestures) might be obscene with the child being the victim. So if the words were designed to somehow stimulate some sort of sexual reaction from the child. The communication of the words (or gestures)might be criminally actionable under a child molesting statute. So if the words were to entice the child or otherwise lure the child into some sexual activity. These words and/or gestures might be actionable. However, just plain old cussing (or the equivalent gestures) might be protected speech or communication under the 1st Amendment to the United States' Constitution. Although it might not be what we want our child to hear. A criminal case filed under some sort of child molesting statute mihgt be a difficult case to defend. Since the standard for obscene is the opinion of the jury. What shocks the conscious of the jury is the standard for what is obscene.