a 14 yr old male, NO prior trouble, is grounded from gaming systems. they are comphiscated and locked in shed by mother of boy. during spring break he visits his dad, gets antsy and bored and decides he has earned the priveledge back. the boy gets his grandfather to drive 35 miles to bring him to get his Xbox. grandpa does not know it is locked up, nor that boy is grounded from it. also boy called house 22 times that day to ask if he could come get it. no calls were answered,(mother in bed, works 3rds) messages and id confirm this. bottom line, the kid took a shovel and pried the latch and lock off the wooden doors to shed. retrieved his comphiscated property, hid the step dads drill,(spite) and left again. when mother awoke, she tried to call boy, his phone was off.
I would be astonished to learn that a parent has reported his child to the police for this incident so that the child may experience the wrath of the juvenile justice system. Did this actually get reported to the police?
Artful Dodger in Indiana -
In Indiana, Burglary is defined in IC 35-43-2-1. Section 1 provides that "A person who breaks and enters the building or structure of another person, with intent to commit a felony in it, commits burglary, a Class C felony. That being said, one cannot commit a larceny of his own property, here his X-Box. In addition, a juvenile is not treated the same as an adult who commits the same crime.
Under Indiana Code (IC) section 31-30-1-1, the juvenile court has exclusive original jurisdiction, except as provided in IC 31-30-1-9 and 31-30-1-10, in all proceedings governing the detention of a delinquent child. Also, the juvenile court has exclusive jurisdiction over violations of IC 7.1-5-7 if the child is under eighteen years of age. However, the juvenile court does not have jurisdiction with respect to a child who commits an infraction, violation of a municipal ordinance, or violation of a traffic law if the violation is a misdemeanor and the child is 16 years of age or older.
The prosecution of juveniles is an area of law that is unique and requires an attorney in Indiana who is well versed in this area of law. However, without fear of repeating myself, when a juvenile commits an unlawful act it is called an act of delinquency, whereas an illegal offense perpetrated by an adult is called a crime. The handling of juvenile crimes occurs primarily in the juvenile court system, although some cases can be directed by the juvenile court to the criminal courts for adults. The cases are often heard informally by a judge who hears the facts in question and orders some corrective action usually called an adjustment.
If charged by the juvenile's mother and step-father for this act of breaking and entering an outbuilding, the juvenile has a right to counsel, and other important rights. The area of juvenile law concerning criminal acts, called acts of delinquency, is contained in Article 37 of the Indiana Code. Under IC 31-37-1-2, entitled Delinquent Act, "A child commits a delinquent act if, before becoming eighteen (18) years of age, the child commits an act that would be an offense if committed by an adult, except an act committed by a person over which the juvenile court lacks jurisdiction under IC 31-30-1."
If the parents do place this child into the juvenile, it would be a shame. However, he must understand that this act of mischief and damage is wrong, and cannot be repeated. Involving him in our criminal system is just not the answer. As William Shakespeare said, "Children wish fathers looked but with their eyes; fathers that children with their judgment looked; and either may be wrong." The same applies to a mother.
Attorney at Law
Disclaimer: This is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. This is not intended to be legal advice in your specific case. It's impossible to give detailed, accurate advice based on a few sentences on a website. You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information in your case.
Dear Artful Dodger in Fairmount it sounds like you might have the makings of a great Xbox commercial here. Find a library, get some books on screenwriting and protect your idea. Now as for the crimes and delinquencies - what were you thinking. 22 calls? On which call do you suspect your mom might have turned her phone off knowing you were calling for your Xbox? And what 14 year old turns off his cell phone in the middle of the day during Spring Break; avoiding mom? No need answering those questions, they're rhetorical. Technically, you've committed a class C burglary, maybe a class A misdemeanor conversion (hiding the drill) and/or Criminal Trespass, a class A misdemeanor. if found guilty or true of a delinquency petition, you can be sent to the Indiana Department of Corrections, although it is unlikely that the court's will need to involve themselves since it sounds like your parents will now probably punish you further for your actions. Consider throwing yourself on the mercy of the court, apologize to your mom and step-father, pay to repair or replace the latch and lock and accept the next level of punishment. Oh and seriously, if still bored during Spring Break, find Microsoft's Xbox ad agency and pitch your idea with a tag line - the things people do to get back their Xbox.
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