How to Find Information on Parental Liability for Crimes Committed by Children

Parents and guardians may, in certain cases, be held liable for crimes committed by their children. Over the past couple of decades, the range of civil and criminal penalties against parents of children who have committed crimes has grown. In one case in Texas, for example, parental liability laws were used by the Recording Industry Association of America to sue a grandparent whose grandchildren had utilized his computer to perform illegal music downloads.

Instructions

Difficulty: Challenging

Things You’ll Need:

• Access to an attorney
• Computer with Internet access

1. Find information on parental liability in your area by consulting a local attorney. Parents are subject to civil liability -- that is, they can be sued -- in every state, but laws regarding additional parental liability vary from state to state and are subject to change. A local defense attorney should have the most up-to-date information.
2. Check with your state government for more information. Try your state government's Web site, or contact the state attorney general's office Because laws in the area of parental responsibility have been changing rapidly, do not rely on outdated information from a general-information Web site.
3. Contact your local police department or county attorney general. Sometimes these organizations have printed materials that outline the various types of parental liability in your area.
4. Know that if your child is found to have maliciously caused property damage, you may be required to pay the victim compensation for that damage. Exceptions may be made if your child is very young, the theory being that very young children are incapable of forming the intent necessary to behave in a malicious manner.
5. Be aware that if you fail to provide adequate supervision to your child in situations that require it, you may be found negligent for damages or injuries incurred by your child's unsupervised behavior.
6. Keep in mind that although you may be liable for costs incurred by your child's actions, you cannot be charged with his or her crime. For example, if your child sets fire to a building, you may be liable for the cost of the damage, but you cannot be charged with arson.
7. Follow up by contacting an advocacy organization like the American Civil Liberties Union (see Resources below) if you feel your state's parental liability laws are unfair. These laws are often controversial, and some may be challenged on constitutional grounds.

Tips & Warnings

• You and your child have the right to be represented by an attorney in both civil and criminal proceedings.
• Some states have gone so far as to enact laws that provide for prison terms for parents deemed liable for the criminal acts of their children.