On Wednesday, the Pennsylvania Superior Court ruled that the gesture, made in 2017 by Stephen Kirchner, made his neighbor feel unsafe, WPXI-TV reported. Kirchner was ordered to pay $100 and court costs.
“Kirchner argued on appeal that the gesture did not cause a hazardous or physically offensive condition, that he did not intend to cause public alarm, and that there essentially was no harm done to the victim or society,” a statement from the Lancaster County District Attorney’s Office said.
But the Superior Court disagreed, saying the gun-like gesture "risked an altercation" between the neighbors, WGAL-TV reported.
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