HARRISBURG – The
disorderly conduct conviction of Jason Roy Waugaman for giving his ex-wife,
Kacie Boeshore, the middle finger while exchanging their children was
overturned by the Superior Court of Pennsylvania on Oct. 31.
Boeshore and Waugaman have two children
together who were 6 and 7 years old at the time of trial. In November 2014, Waugaman brought the children to be dropped off at the
parking lot of Boeshore’s apartment complex as part of a prearranged custody
After the exchange, Boeshore and the children began to walk toward
the apartment complex. Boeshore stated Waugaman said something to her that she
did not hear clearly.
She says she started back toward the vehicle and stood in front of
it, leaving the children approximately five feet behind her. According to
Boeshore, Waugaman got back into his vehicle and accelerated toward her, turning
the vehicle within three feet of striking her. As he drove off, he displayed the
middle finger to Boeshore.
Waugaman was charged with recklessly endangering another
person and disorderly conduct on March
10, 2015. On Sept. 30, 2015, the trial court found
Waugaman not guilty of recklessly endangering another person, but did find him
guilty of disorderly conduct because he displayed his middle finger. The trial
court imposed a sentence of 90 days probation, as well as costs.
On Oct. 5, 2015, Waugaman challenged the conviction, but
the trial court denied the motion on Oct. 27, 2015, explaining that Waugaman’s
gesture was obscene because his children “may well have seen their father’s conduct
in relation to their mother as explicitly sexual in nature.”
This year, on Oct. 31, the Superior Court determined Waugaman’s
gesture was not obscene as defined in state law. It was found that while the gesture conveys
disrespect, it is not explicitly sexual in nature and that it is doubtful that Waugaman’s
children perceived the gesture as sexually explicit. Because
of this, the gesture does not violate Pennsylvania’s disorderly conduct
The Superior Court determined the children
probably were not negatively affected by their father’s gesture to
their mother. The docket does not state why the charge of
recklessly endangering another person was dropped.