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Speak Up! - View Question #16988 |
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Question: I slept over at a friend's house and her mom took us out t.p.-ing. We toilet-papered my boyfriend's house and chalked my dad's house. When my mom found out, she freaked! She said that we could be guilty of trespassing, vandalism and criminal damage, and that it didn't matter that an adult was with us. She said my friend's mom was contributing to the delinquency of a minor, whatever that means. Is she right?
Answer: Someone contributes to the delinquency of a minor if they encourage anyone under 18 to do something illegal, or help them do something illegal. Contributing to delinquency is a misdemeanor (ARS §13-03613). Your friend’s mom drove you to the locations to do something that is against the law, which aided you, so she could be prosecuted for contributing. The penalty for contributing is a fine of up to $2500 for each violation plus possible time in jail and/or probation.
The mother could also be charged as an accomplice to the crimes themselves. An accomplice is anyone who aids or encourages someone to do something illegal. The Law considers being an accomplice the same thing as committing the actual crime itself (ARS §13-301; §13-302). So as an accomplice, she could be prosecuted for all of the offenses you and your friend committed.
The official names for the illegal acts she helped with are criminal trespass, littering and criminal damage. Each of these is a separate crime:
- Criminal trespass is a misdemeanor if it involves going onto someone’s property without permission or when there is notice that you're not allowed to be somewhere. It's a felony if it involves entering into a building or someone's fenced yard (ARS §13-1502).
- Criminal damage (which includes defacing any property) is a misdemeanor if the damage is under $250, and is a felony if the damage is over $250 (ARS §13-1602).
- Littering (putting Toilet Paper on someone's lawn or trees - or in a public place) is a misdemeanor (ARS §13-1603).
You and your friend could each be charged with the crimes of trespass, damage, and littering. In juvenile court, that could result in probation, time in detention, removal from your family, even possibly going to prison at the Arizona Department of Juvenile Corrections. The criminal damage charge can also make you lose your driver’s license until you turn 18 (ARS §28-3320).
Also see:
TP Spells Trouble in the Law Toons section
Long Day at the Mall in the Law Toons Section.
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