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    Speak Up! - View Question #24421


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    Question:

    There is a kid in our neighborhood that has assaulted my younger brother before. He keeps coming over and playing with other neighborhood kids including my brother. Today, he again pushed my brother down. Can my parents have him arrested for trespassing if he is on our property? If they can, how do they get the police involved?



    Answer:

    If you are in immediate threat of physical harm, call 911.

    According to Arizona Law (A.R.S. § 13-1502), it is criminal trespass in the third degree for someone to knowingly enter or remain unlawfully on any real property after a reasonable request by the owner to leave. Criminal trespass in the third degree is a class 3 misdemeanor. According to A.R.S. § 13-1504 a person commits criminal trespass in the first degree by knowingly entering and remaining unlawfully in or on a residential structure (class 6 felony) or entering or remaining unlawfully in a fenced residential yard (class 1 misdemeanor). However, to be convicted of criminal trespass, the trespasser must knowingly commit these acts.

    See question #22310 which talks about the Arizona Bullying Law.

    You may also want to report what is happening to your parents, to a guidance counselor at school or to a teacher.


    Comments
    1 thru 5 of 5 comments    [ 1 ]   
    On 05/13/09
    alex from IN said:
    yeh this problem happenes to be everywhere, sometimes kids don't understand that they are actually punking on others until they have it done to them or explained to them in a way where they themselves can see it isnt right, and about ur question u probly wont get him arrested but u could get like a restancing order against him if he does cross ur property then just tell cops about the other issues ur having like him punking on ur brother and stuff
    On 02/20/09
    Jacob from AZ said:
    This problem occurs a lot in our society and is effecting it more and more as it goes on. But under these circumstances this kid may be arrested for bullying and may be held for trespassing.
    On 11/03/08
    nickie from MD said:
    this is all very interesting an sometime confusing. everything u do in this world can have compition. haha
    On 10/15/08
    Ang from PA said:
    You can only have him arrested for trespassing if he came on your property uninvited and knowingly unwanted. Of course, no matter what you have to consider his age. A lot of districts wont do anything about kids that are under a certain age, so I'd check that out before taking it to any officials. ~AnG
    On 06/08/08
    Dom from FL said:
    If somebody is messing with you on your property, then you can do pull certain things off. First, warn the kid that he shouldn't be messing with your brother. Then call authorities. If they don't do much, I man up.
    1 thru 5 of 5 comments    [ 1 ]   



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