This is assuming that the allegations that this was staged by the father and another are true then I think that you could make the argument it would fit under both the model penal code and probably the West Virginia Penal Code. Since I don't have WV's code and don't want to research it today I'm just going to use the Texas Penal Code to show how it can be done.
The father of a toddler has a lot of influence over his daughter. I'm not sure how this little act was developed. It could have been that the father and son were in on this and the daughter was an unknowing actor or it could have been that she was told to cry when her sign was ripped. Either way it is disgusting. I'm not sure which would be worse. This father puts his daughter in a situation where her she unknowningly has become a national exploit. Everyone is learning about this story and she has been forced to be an unwilling participant.
I decided to look at both the Model Penal Code and the Texas Penal Code to see whether the father could be charged with a crime against the family for using his daughter in such a cruel manner.
Under the MPC crimes against the family section 230.4: Endangering Welfare of a Children.
A parent, guardian, or other person supervising the welfare of a child under 18 commits a misdemeanor if he knowingly endangers the child's welfare by violating a duty of care, protection or support.
The MPC doesn't give any definitions for what is included in a child's welfare. I do think that this could be quite traumatic for both what happened at the event and this aftermath. The father knew that this would cause a reaction. This can be shown by the fact that on two separate occassions similar stunts caused a reaction.
Under the Texas Penal Code Section 22.04(a)(2) gives a little more information on what might be necessary to indict this guy. In pertenant part, Injury to a Child:
A person commits an offense if he intentionally, knowningly, recklessly, or with criminal negligence, by act...causes to a child...serious mental injury.
Perhaps a little stronger argument can be made under Texas law. The mens rea is met here but would a jury find mental injury? The interesting thing under this section of the penal code is that the mental injury does not have to be "imminent" to prosecute. Unfortunately, the code does not define mental injury.
I don't think that a father should treat his daughter in this manner, but I doubt criminal charges would be able to apply. More importantly, I doubt any DAs would ever attempt to get an indictment.
