You are here:
- Home
- News/Issues
- Crime/Punishment
- Criminal Law
- Personal property damage
Criminal Law/Personal property damage
Advertisement
Question
my daughters cellphone (which is in my name) was grabbed out of her hand and intenionally thrown into a pool by another child. The parents claim they are not responsible for restitution because they are claiming the child was given the phone and because he is 5 years old. The police were called and were sympathtic to our situation but claimed they could not charge the parents with anything. They suggested we go to the local magistrate and proceed with filing a lawsuit based on maliciuos intent to personal property. The phone is worth $280. Is this even worth my time and expense?
Bridget,
Sorry for the delay but I have been without power.
Most states (including mine) that children under the age of seven are incapapble of committing a criminal offense because they are under the "age of reason". In other words you cannot charge a five year old with a crime. I don't see how the parents could be charged with anything either unless they told the child to throw the phone into the water.
I think that I would follow the advice of the police but you would have to think if going through the civil process is worth the $280. Many homeowners insurance policies cover situations like this.
Related Articles
- Strains on the Relationship - Positive Discipline
- Swimming Lessons - Should Scared Children Continue Swimming Lessons - Swim Lessons
- Kids, Cell Phones and Parenting - What Parents Should Know About Kids, Cell Phones and the Tween Years
- The Nine Year Old Child: Interpersonal Relations
- Win Child Custody - Documents to Help You Win Child Custody
Answers by Expert:
Jack Toomey
Expertise
Please do not ask me about potential jail sentences that you, your friends, or family might receive in court. There is no way for me to know that. Only a judge could answer a question like that. I am also NOT a probation officer or parole officer so I cannot answer questions that relate to parole or probation. Also please keep in mind that every state has different laws. If you are planning to ask a question about a specific law or criminal charge that pertains to your state only it could be difficult to answer. I also cannot give you legal advice on what to do or what not to do in court. Retired police officer with 26 years experience. Worked in the patrol division as well as over 14 years in the detective bureau. Investigated a wide range of crime such as murder, rape, robbery, theft, fraud, missing persons, and other very sensitive crimes. I am available to answer your questions about criminal law and especially as it applies to police work. I taught at the police academy for several years and am especially knowledgeable about search and seizure. Any question about criminal law is welcome! Please don't ask me to do your homework or ask me questions that obviously come from your teachers or professors. I also do not do online interviews or surveys. Young people need to gain face to face interviewing skills. Local police officers usually are very agreeable to assist in these assignments.
Experience
I am a retired police officer with 26 years experience. I investigated almost every type of crime including murder, rape, theft, missing persons, fraud, and domestic abuse. I am very knowledgeable about search and seizure and taught at the police academy for several years on a variety of subjects. I can answer questions that a lot of attorneys cannot since they do not have "street experience".
Education/Credentials
Bachelor of Science degree in Criminolgy from the University of Maryland.
©2012 About.com, a part of The New York Times Company. All rights reserved.