# 12 year old boy arrested for opening Christmas present early **URL:** \ **Category:** The BBQ Pit\ **Created:** [December 15, 2006, 3:08pm UTC](https://boards.straightdope.com/t/12-year-old-boy-arrested-for-opening-christmas-present-early/384291 "2006-12-15T15:08:06Z")\ **Posts on this page:** 20\ **Page:** 3
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [December 20, 2006, 7:43pm UTC](https://boards.straightdope.com/t/12-year-old-boy-arrested-for-opening-christmas-present-early/384291/41 "2006-12-20T19:43:42Z")
[QUOTE=Anaamika] **Bricker** , may I ask you a question? Who are you pitting, exactly? [/QUOTE] When I started the thread I was Pitting the mother (mostly) and the cops. Of course, I was going only on the info presented in the link I offered, The Smoking Gun, Subsequent discussion has led me to believe that it’s perhaps not as cut-and-dried pittable a situation as I imagined. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [December 20, 2006, 7:46pm UTC](https://boards.straightdope.com/t/12-year-old-boy-arrested-for-opening-christmas-present-early/384291/42 "2006-12-20T19:46:39Z")
[QUOTE=Polycarp] I do. First off, I doubt very strongly that there is a law in South Carolina prohibiting minors of the age of 12 from entering the homes of family members. Second, there is normally a provision in crimes like larceny calling for forming a criminal intent. It is not criminal to take propery that rightfully belongs to another under the impression that it has become your own property – and I submit to **Bricker** that there was a clear deed of gift, in the form of the tag on the package, indicating that it was an adult (the mother?)'s intent to convey the gift to the child. Or perhaps we should arrest every person in America over the age of 3 for the criminal act of “casing the joint” by checking out presents under the tree prior to Christmas morning? [/QUOTE] Assuming the kid was old enough to form the requisite criminal intent, I don’t see a problem here. Sure, the kid saw the gift tag, which told him the present was intended for him IN THE FUTURE. He knew, or should have known, that there was no intent for him to have it when he took it. ---
**Author:** ![Sunspace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/sunspace/32/1250_2.png) [@Sunspace](https://boards.straightdope.com/u/Sunspace)\ **Post date:** [December 20, 2006, 8:32pm UTC](https://boards.straightdope.com/t/12-year-old-boy-arrested-for-opening-christmas-present-early/384291/43 "2006-12-20T20:32:16Z")
[QUOTE=Ethilrist] Yep. He should definitely get coal this year. [/QUOTE] Not coal. Coal is a fossil fuel and quite valuable. He should get something really useles, like, say, lint. ---
**Author:** ![rjung](https://avatars.discourse-cdn.com/v4/letter/r/45deac/32.png) [@rjung](https://boards.straightdope.com/u/rjung)\ **Post date:** [December 20, 2006, 8:34pm UTC](https://boards.straightdope.com/t/12-year-old-boy-arrested-for-opening-christmas-present-early/384291/44 "2006-12-20T20:34:27Z")
[QUOTE=Bricker] Sure, the kid saw the gift tag, which told him the present was intended for him IN THE FUTURE. He knew, or should have known, that there was no intent for him to have it when he took it. [/QUOTE] I thought the kid was _told by his mother_ that she was getting him the Gameboy for Christmas, and that he shouldn’t play with it before then. ---
**Author:** ![John\_Corrado](https://avatars.discourse-cdn.com/v4/letter/j/a88e4f/32.png) [@John\_Corrado](https://boards.straightdope.com/u/John_Corrado)\ **Post date:** [December 20, 2006, 9:40pm UTC](https://boards.straightdope.com/t/12-year-old-boy-arrested-for-opening-christmas-present-early/384291/45 "2006-12-20T21:40:36Z")
[QUOTE=Patty O’Furniture] I’m sorry but I just don’t see that equality. I don’t disagree that the boy needs to be scared straight and the police might be the best way to do it (that’s why I suggested getting him for breaking & entering), but I just don’t see where an act of theft has taken place. [/QUOTE] So, a question: I’ve seen my parent’s will. In it, I am stated to be their sole heir. I’m visiting their house, and I see $300 sitting on the table. If I pick it up and pocket it, am I stealing from them, or merely receiving my inheritance gift early? ---
**Author:** ![susan](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/susan/32/17537_2.png) [@susan](https://boards.straightdope.com/u/susan)\ **Post date:** [December 20, 2006, 9:52pm UTC](https://boards.straightdope.com/t/12-year-old-boy-arrested-for-opening-christmas-present-early/384291/46 "2006-12-20T21:52:53Z")
My newspaper has an article today about people renting storage unit in which to hide presents from family members who apparently would otherwise find and take them. Frankly, this astounds me. Had I ever opened or even fondled a birthday or Hannukah present before it was given to me, or had I even been perceived to be hunting for presents, all of my gifts would have been given to charity, I would have been punished, and I’m not sure that I would have received any gifts at the next holiday. It blows me away that apparently enough people think it’s all right to look for and open presents that anyone would consider renting a storage unit for gifts. I don’t think this bodes well for personal accountability in our country. ---
**Author:** ![Patty\_O\_Furniture](https://avatars.discourse-cdn.com/v4/letter/p/96bed5/32.png) [@Patty\_O\_Furniture](https://boards.straightdope.com/u/Patty_O_Furniture)\ **Post date:** [December 20, 2006, 10:34pm UTC](https://boards.straightdope.com/t/12-year-old-boy-arrested-for-opening-christmas-present-early/384291/47 "2006-12-20T22:34:56Z")
[QUOTE=John Corrado] So, a question: I’ve seen my parent’s will. In it, I am stated to be their sole heir. I’m visiting their house, and I see $300 sitting on the table. If I pick it up and pocket it, am I stealing from them, or merely receiving my inheritance gift early? [/QUOTE] Does it have a tag on it that says: > [@](#): > > To: John Corrado > From: Mom & Dad If so, then it’s yours. If mom and dad want to leave you $300, can’t they just leave it on the table with a little snippit of paper that has your name on it? ---
**Author:** ![Swallowed\_My\_Cellphone](https://avatars.discourse-cdn.com/v4/letter/s/9d8465/32.png) [@Swallowed\_My\_Cellphone](https://boards.straightdope.com/u/Swallowed_My_Cellphone)\ **Post date:** [December 20, 2006, 10:39pm UTC](https://boards.straightdope.com/t/12-year-old-boy-arrested-for-opening-christmas-present-early/384291/48 "2006-12-20T22:39:07Z")
[QUOTE=Bricker] Sure, the kid saw the gift tag, which told him the present was intended for him IN THE FUTURE. [/QUOTE] This keeps cropping up in this thread. Where does it say there was any kind of “gift tag” with his name on it? It says he rummaged through his grandmother’s stuff and took the game boy. We don’t evenknow if it was wrapped, let alone if it had his name on it. And I concur, **Bricker**. Knowing you are going to receive something at some _future_ date, does not give you ownership rights _now_. If marched into my mother’s house, took her antique lamp, and sold it at a pawn shop, I would go to jail for theft. I don’t get to say: “But it’s in her will. I’m going to inherit it some day, so it’s mine.” ---
**Author:** ![Swallowed\_My\_Cellphone](https://avatars.discourse-cdn.com/v4/letter/s/9d8465/32.png) [@Swallowed\_My\_Cellphone](https://boards.straightdope.com/u/Swallowed_My_Cellphone)\ **Post date:** [December 20, 2006, 10:48pm UTC](https://boards.straightdope.com/t/12-year-old-boy-arrested-for-opening-christmas-present-early/384291/49 "2006-12-20T22:48:02Z")
[QUOTE=Patty O’Furniture] Does it have a tag on it that says: If so, then it’s yours. [/QUOTE] If the tag says it is “yours as of Friday 13th, 2008”, then it’s not yours today. In no news story I’ve seen does it say there was a tag on the game boy the kid took. And if it is understood by any reasonable person (and a 12 year old should have _some_ sense of reason) that there is no intention of conveying ownership before a specific date, then you don’t get to take it. Escpecially if you have been explicitly told to leave it the hell alone. ---
**Author:** ![Patty\_O\_Furniture](https://avatars.discourse-cdn.com/v4/letter/p/96bed5/32.png) [@Patty\_O\_Furniture](https://boards.straightdope.com/u/Patty_O_Furniture)\ **Post date:** [December 20, 2006, 11:59pm UTC](https://boards.straightdope.com/t/12-year-old-boy-arrested-for-opening-christmas-present-early/384291/50 "2006-12-20T23:59:16Z")
[QUOTE=Swallowed My Cellphone] It says he rummaged through his grandmother’s stuff and took the game boy. We don’t evenknow if it was wrapped, let alone if it had his name on it. [/QUOTE] It doesn’t say anything about rummaging. Put your coloring pencils away and read the narative in the police report: > [@](#): > > [Victim] advised that she bought a play station game boy **and wrapped it for Christmas and placed it under the Christmas tree**. [She] stated that she gave specific instructions to [suspect] not to bother it because it was a present for Christmas. Bolding mine. So this is a kid with a clear history of Bart Simpsonism and the grandmother is shocked to find her request dishonored? :rolleyes: The kid needs a good spanking but doesn’t need to be arrested. There is a lot of assuming going on in this thread - about the nametag and more. This one right here is a doozy: > [@](#): > > I see no reason to assume he was there lawfully[.] So let’s assume guilt until innocence is proved! Now if it turns out the gift was wrapped without a nametag, I’ll conceed that by taking it from the grandmother’s house we have a clear theft. We also have a mother and grandmother who should be thankful that stupidity isn’t a crime. ---
**Author:** ![Sarahfeena](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/sarahfeena/32/519_2.png) [@Sarahfeena](https://boards.straightdope.com/u/Sarahfeena)\ **Post date:** [December 21, 2006, 3:03am UTC](https://boards.straightdope.com/t/12-year-old-boy-arrested-for-opening-christmas-present-early/384291/51 "2006-12-21T03:03:12Z")
[QUOTE=Patty O’Furniture] Now if it turns out the gift was wrapped without a nametag, I’ll conceed that by taking it from the grandmother’s house we have a clear theft. We also have a mother and grandmother who should be thankful that stupidity isn’t a crime. [/QUOTE] I don’t think it matters a bit if the tag had his name on it or not. When I was 12 years old, I knew damn well that I wasn’t supposed to be poking around even LOOKING for my Christmas presents before Christmas morning, and as **Shoshana** also said, if I actually took one, whether it was wrapped, not wrapped, hidden in a closet, put out under the tree, tagged, not tagged, WHATEVER, I would be in major, major trouble, which most likely would have included having the gift recinded immediately. I’m sure this kid was well aware at that age that he was not supposed to take that present. I do not believe that a gift belongs to the recipient until it is placed in his or her hands. ---
**Author:** ![CarnalK](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/carnalk/32/486_2.png) [@CarnalK](https://boards.straightdope.com/u/CarnalK)\ **Post date:** [December 21, 2006, 4:17am UTC](https://boards.straightdope.com/t/12-year-old-boy-arrested-for-opening-christmas-present-early/384291/52 "2006-12-21T04:17:52Z")
It’s pretty ridiculous, **Patty O’Furniture** , to be arguing for a Simponsesque household, where little Bart gets free reign. Aw shucks, that’s just how he is! Why don’t we just move heaven and earth to keep him safe from all temptations? And what has shock got to do with it? Maybe it was a bit of a trap - “Don’t do this bad thing or you’ll be in trouble” and horror of horrors, it’s not an idle threat! The parents should get the opposite of the Darwin award for this one. Better now than when he’s seventeen. ---
**Author:** ![tommy2](https://avatars.discourse-cdn.com/v4/letter/t/cc9497/32.png) [@tommy2](https://boards.straightdope.com/u/tommy2)\ **Post date:** [July 24, 2021, 8:03pm UTC](https://boards.straightdope.com/t/12-year-old-boy-arrested-for-opening-christmas-present-early/384291/53 "2021-07-24T20:03:55Z")
I would NEVER call the cops on my own children ESPECIALLY not for this reason I’d just let them have the present that parent probably HATES ether children, Nintendo or Christmas ---
**Author:** ![Sunny\_Daze](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/sunny_daze/32/438_2.png) [@Sunny\_Daze](https://boards.straightdope.com/u/Sunny_Daze)\ **Post date:** [July 24, 2021, 8:12pm UTC](https://boards.straightdope.com/t/12-year-old-boy-arrested-for-opening-christmas-present-early/384291/54 "2021-07-24T20:12:19Z")
> [@WhyNot](#): > > Sounds like the Garden of Eden! It does. ---
**Author:** ![naita](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/naita/32/5862_2.png) [@naita](https://boards.straightdope.com/u/naita)\ **Post date:** [July 24, 2021, 8:13pm UTC](https://boards.straightdope.com/t/12-year-old-boy-arrested-for-opening-christmas-present-early/384291/55 "2021-07-24T20:13:43Z")
This thread is 15 year old. Unless you have information about how this kid’s life turned out, or evidence that the thread is now stealing presents from its grandmother, you should not post to it. 😉 ---
**Author:** ![Sunny\_Daze](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/sunny_daze/32/438_2.png) [@Sunny\_Daze](https://boards.straightdope.com/u/Sunny_Daze)\ **Post date:** [July 24, 2021, 8:14pm UTC](https://boards.straightdope.com/t/12-year-old-boy-arrested-for-opening-christmas-present-early/384291/56 "2021-07-24T20:14:16Z")
Eh… I just thought the Garden of Eden comment was apt and worthy of a nod. ---
**Author:** ![Jackmannii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jackmannii/32/311_2.png) [@Jackmannii](https://boards.straightdope.com/u/Jackmannii)\ **Post date:** [July 24, 2021, 8:15pm UTC](https://boards.straightdope.com/t/12-year-old-boy-arrested-for-opening-christmas-present-early/384291/57 "2021-07-24T20:15:44Z")
That kid has probably graduated from unlawful Xmas present opening to unauthorized use of condiments at meals. You gotta set 'em on the right path early. ---
**Author:** ![kaylasdad99](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kaylasdad99/32/3398_2.png) [@kaylasdad99](https://boards.straightdope.com/u/kaylasdad99)\ **Post date:** [July 25, 2021, 1:30am UTC](https://boards.straightdope.com/t/12-year-old-boy-arrested-for-opening-christmas-present-early/384291/58 "2021-07-25T01:30:12Z")
> [@tommy2](#): > > I would NEVER call the cops on my own children ESPECIALLY not for this reason I’d just let them have the present that parent probably HATES ether children, Nintendo or Christmas That’s what I would expect you to say if you were actually that little kid, all growed up… Welcome to the Dope, btw. ---
**Author:** ![Ike\_Witt](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ike_witt/32/283_2.png) [@Ike\_Witt](https://boards.straightdope.com/u/Ike_Witt)\ **Post date:** [July 29, 2021, 12:50pm UTC](https://boards.straightdope.com/t/12-year-old-boy-arrested-for-opening-christmas-present-early/384291/59 "2021-07-29T12:50:16Z")
I thought that this was going to be an update saying the kid was just released from prison, or something similar. ---
**Author:** ![SuntanLotion](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/suntanlotion/32/16165_2.png) [@SuntanLotion](https://boards.straightdope.com/u/SuntanLotion)\ **Post date:** [July 30, 2021, 12:55am UTC](https://boards.straightdope.com/t/12-year-old-boy-arrested-for-opening-christmas-present-early/384291/60 "2021-07-30T00:55:18Z")
Next Christmas, he gets a book-The Art of the Deal. [Previous page](https://boards.straightdope.com/t/12-year-old-boy-arrested-for-opening-christmas-present-early/384291.md?page=2)