# Assuming "affluenza" teen & mom have fled the US - What penalty does Mom get? **URL:** \ **Category:** In My Humble Opinion\ **Created:** [December 19, 2015, 4:37pm UTC](https://boards.straightdope.com/t/assuming-affluenza-teen-mom-have-fled-the-us-what-penalty-does-mom-get/740854 "2015-12-19T16:37:14Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![astro](https://avatars.discourse-cdn.com/v4/letter/a/9dc877/32.png) [@astro](https://boards.straightdope.com/u/astro)\ **Post date:** [December 19, 2015, 4:37pm UTC](https://boards.straightdope.com/t/assuming-affluenza-teen-mom-have-fled-the-us-what-penalty-does-mom-get/740854/1 "2015-12-19T16:37:14Z")
The authorities seem to think there’s a good chance the “affluenza” teen and his Mom have fled the US. What are the potential penalties for her if they are caught? Apparently Couch got caught on a beer pong video (see “Outrage, but not surprise” link below) and as that was a violation of his “violate this and go to prison for 10 years” probation sentence he and mom took it on the lam. Possibly to another country. What happens to Mom if she is determined to be assisting her 18 year old fugitive son in this scenario? The background to this is kind of stunning and is laid out in this article below. [The Worst Parents Ever - Inside the story of Ethan Couch and the “affluenza” phenomenon.](http://www.dmagazine.com/publications/d-magazine/2015/may/affluenza-the-worst-parents-ever-ethan-couch?ref=hpcarouseltitle) [Outrage, but not surprise over ‘affluenza’ teen on the lam](http://www.cnn.com/2015/12/18/us/texas-affluenza-drunken-driving-teen-missing/) [Authorities fear ‘affluenza teen’ on the run may have fled US](http://www.aol.com/article/2015/12/17/authorities-fear-affluenza-teen-on-the-run-may-have-fled-us/21285121/) ---
**Author:** ![RetroVertigo](https://avatars.discourse-cdn.com/v4/letter/r/b38774/32.png) [@RetroVertigo](https://boards.straightdope.com/u/RetroVertigo)\ **Post date:** [December 19, 2015, 5:25pm UTC](https://boards.straightdope.com/t/assuming-affluenza-teen-mom-have-fled-the-us-what-penalty-does-mom-get/740854/2 "2015-12-19T17:25:26Z")
Under the assumption that he was still a minor, would he face punishment if his parents directed him to run? ---
**Author:** ![RetroVertigo](https://avatars.discourse-cdn.com/v4/letter/r/b38774/32.png) [@RetroVertigo](https://boards.straightdope.com/u/RetroVertigo)\ **Post date:** [December 19, 2015, 6:32pm UTC](https://boards.straightdope.com/t/assuming-affluenza-teen-mom-have-fled-the-us-what-penalty-does-mom-get/740854/3 "2015-12-19T18:32:16Z")
I see that I must have cut off the first half of my post… I would assume that she would be charged with assisting a fugitive. ---
**Author:** ![lalaith](https://avatars.discourse-cdn.com/v4/letter/l/96bed5/32.png) [@lalaith](https://boards.straightdope.com/u/lalaith)\ **Post date:** [December 20, 2015, 9:15pm UTC](https://boards.straightdope.com/t/assuming-affluenza-teen-mom-have-fled-the-us-what-penalty-does-mom-get/740854/4 "2015-12-20T21:15:29Z")
‘The Tarrant County DA’s office has not charged Tonya Couch with any crime yet. According to Houston lawyer Robert Hampton Tuthill, under Texas law “Texas has a criminal offense entitled “Hindering Apprehension or Prosecution.” It is under 38.05 in the Penal Code. It is a Class A Misdemeanor or a Third Degree Felony depending on the circumstances.” If convicted on a Third Degree Felony charge, a person could face “not more than 10 years or less than 2 years.”’ from [http://heavy.com/news/2015/12/tonya-fred-ethan-couch-parents-facebook-twitter-texas-missing/](http://heavy.com/news/2015/12/tonya-fred-ethan-couch-parents-facebook-twitter-texas-missing/) ---
**Author:** ![Omar\_Little](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/omar_little/32/269_2.png) [@Omar\_Little](https://boards.straightdope.com/u/Omar_Little)\ **Post date:** [December 21, 2015, 3:40pm UTC](https://boards.straightdope.com/t/assuming-affluenza-teen-mom-have-fled-the-us-what-penalty-does-mom-get/740854/5 "2015-12-21T15:40:59Z")
[Aiding and abetting](https://en.wikipedia.org/wiki/Aiding_and_abetting) ---
**Author:** ![Zyanthia](https://avatars.discourse-cdn.com/v4/letter/z/d6d6ee/32.png) [@Zyanthia](https://boards.straightdope.com/u/Zyanthia)\ **Post date:** [December 29, 2015, 4:11pm UTC](https://boards.straightdope.com/t/assuming-affluenza-teen-mom-have-fled-the-us-what-penalty-does-mom-get/740854/6 "2015-12-29T16:11:49Z")
Now that he has been caught and is being returned to the US by the Mexican authorities, what is the worst that can happen to him? He’s 18 now, so can they punish him as an adult for breaking his juvenile punishment? He’s served 2 years probation with 8 years remaining, does that mean he’s likely to spend the next 8 years in jail? ---
**Author:** ![Steve\_MB](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/steve_mb/32/5339_2.png) [@Steve\_MB](https://boards.straightdope.com/u/Steve_MB)\ **Post date:** [December 29, 2015, 5:00pm UTC](https://boards.straightdope.com/t/assuming-affluenza-teen-mom-have-fled-the-us-what-penalty-does-mom-get/740854/7 "2015-12-29T17:00:20Z")
Apparently he got caught because [he kept using his cell phone](http://www.cnn.com/2015/12/29/us/affluenza-teen-ethan-couch-detained-in-mexico/). :smack: Affluenza and dumbassitis – a bad combination. ---
**Author:** ![Zyanthia](https://avatars.discourse-cdn.com/v4/letter/z/d6d6ee/32.png) [@Zyanthia](https://boards.straightdope.com/u/Zyanthia)\ **Post date:** [December 29, 2015, 6:09pm UTC](https://boards.straightdope.com/t/assuming-affluenza-teen-mom-have-fled-the-us-what-penalty-does-mom-get/740854/8 "2015-12-29T18:09:36Z")
wow, thanks for that link. So 120 days in jail is the worst than can happen to him. I always thought probation meant that if you broke probation you served the real time. As for mom, I hope they give her the whole 10 years. According to the previous trial, it’s her fault he killed those other children because of the way she raised him. ---
**Author:** ![Claverhouse](https://avatars.discourse-cdn.com/v4/letter/c/13edae/32.png) [@Claverhouse](https://boards.straightdope.com/u/Claverhouse)\ **Post date:** [December 29, 2015, 6:40pm UTC](https://boards.straightdope.com/t/assuming-affluenza-teen-mom-have-fled-the-us-what-penalty-does-mom-get/740854/9 "2015-12-29T18:40:16Z")
I blame the G-G-G-G-G-G-Gt-Grandparents. ---
**Author:** ![elfkin477](https://avatars.discourse-cdn.com/v4/letter/e/a9a28c/32.png) [@elfkin477](https://boards.straightdope.com/u/elfkin477)\ **Post date:** [December 30, 2015, 6:46pm UTC](https://boards.straightdope.com/t/assuming-affluenza-teen-mom-have-fled-the-us-what-penalty-does-mom-get/740854/10 "2015-12-30T18:46:54Z")
> [@Steve\_MB](#): > > Apparently he got caught because [he kept using his cell phone](http://www.cnn.com/2015/12/29/us/affluenza-teen-ethan-couch-detained-in-mexico/). :smack: From the article in Steve MB’s link > [@](#): > > Ethan Couch’s mother, Tonya Couch, has been charged with hindering the apprehension of a juvenile, and if convicted, faces between two and 10 years in jail, Wilson said. Which is several times longer in jail than her dumbass son is apparently facing. ---
**Author:** ![Asimovian](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/asimovian/32/172_2.png) [@Asimovian](https://boards.straightdope.com/u/Asimovian)\ **Post date:** [December 30, 2015, 6:50pm UTC](https://boards.straightdope.com/t/assuming-affluenza-teen-mom-have-fled-the-us-what-penalty-does-mom-get/740854/11 "2015-12-30T18:50:42Z")
I’m really enjoying that they were busted by ordering Domino’s Pizza. _So_ not worth going to jail for! ---
**Author:** ![TriPolar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tripolar/32/3008_2.png) [@TriPolar](https://boards.straightdope.com/u/TriPolar)\ **Post date:** [December 30, 2015, 6:55pm UTC](https://boards.straightdope.com/t/assuming-affluenza-teen-mom-have-fled-the-us-what-penalty-does-mom-get/740854/12 "2015-12-30T18:55:17Z")
I think the disparity in sentencing is appropriate. He was a minor when the fatal accident occurred, his sentencing is based on that disposition. But she was really responsible for turning him into a useless bag of meat to start with. There’s some chance (slim I admit) that this guy’s life can still get turned around. She’s a fully cooked adult that should have known better to start with. Too bad she couldn’t have been thrown in jail to start with. ---
**Author:** ![bump](https://avatars.discourse-cdn.com/v4/letter/b/7c8e57/32.png) [@bump](https://boards.straightdope.com/u/bump)\ **Post date:** [December 30, 2015, 7:02pm UTC](https://boards.straightdope.com/t/assuming-affluenza-teen-mom-have-fled-the-us-what-penalty-does-mom-get/740854/13 "2015-12-30T19:02:47Z")
> [@Steve\_MB](#): > > Affluenza and dumbassitis – a bad combination. In my experience, dumbassitis is a symptom of affluenza, not a co-existing condition. ---
**Author:** ![snowthx](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/snowthx/32/10660_2.png) [@snowthx](https://boards.straightdope.com/u/snowthx)\ **Post date:** [December 30, 2015, 7:15pm UTC](https://boards.straightdope.com/t/assuming-affluenza-teen-mom-have-fled-the-us-what-penalty-does-mom-get/740854/14 "2015-12-30T19:15:39Z")
> [@TriPolar](#): > > I think the disparity in sentencing is appropriate. He was a minor when the fatal accident occurred, his sentencing is based on that disposition. But she was really responsible for turning him into a useless bag of meat to start with. There’s some chance (slim I admit) that this guy’s life can still get turned around. She’s a fully cooked adult that should have known better to start with. Too bad she couldn’t have been thrown in jail to start with. I feel the same way. The issue with the beer pong video was probably manageable by his lawyers, but then going on the lamb under the protection of his helicopter mom makes things much harder now. The sooner he gets far from his mother the better-off he’ll be. That mug shot of him with the re-colored hair just after getting captured screams “Thanks for ruining my life, mom!” ---
**Author:** ![Greg\_Charles](https://avatars.discourse-cdn.com/v4/letter/g/839c29/32.png) [@Greg\_Charles](https://boards.straightdope.com/u/Greg_Charles)\ **Post date:** [December 30, 2015, 7:32pm UTC](https://boards.straightdope.com/t/assuming-affluenza-teen-mom-have-fled-the-us-what-penalty-does-mom-get/740854/15 "2015-12-30T19:32:13Z")
> [@snowthx](#): > > The issue with the beer pong video was probably manageable by his lawyers, but then going on the lamb under the protection of his helicopter mom makes things much harder now. I think you mean, “on the lam”, but I’d believe it either way. It wouldn’t be the worst thing he’s done. ---
**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\ **Post date:** [December 30, 2015, 11:36pm UTC](https://boards.straightdope.com/t/assuming-affluenza-teen-mom-have-fled-the-us-what-penalty-does-mom-get/740854/16 "2015-12-30T23:36:31Z")
> [@Zyanthia](#): > > wow, thanks for that link. So 120 days in jail is the worst than can happen to him. I always thought probation meant that if you broke probation you served the real time. As for mom, I hope they give her the whole 10 years. According to the previous trial, it’s her fault he killed those other children because of the way she raised him. I’m not sure about Texas law, but in my state, it depends. If you violate another criminal law, your probation can be revoked and you serve the remainder of the underlying sentence. (For example, a sentence may be 1 to 5 years in the penitentiary, but it will be suspended for, say, 2 years of probation. Even if you do 1 year and 10 months of probation and you violate it, then it could be off to the joint to begin a 1 to 5). If you violate an administrative condition of your probation which is not a crime for the general public (consuming alcohol, failing to report to your probation officer, staying out after curfew, etc.) then around here, the max penalty for 1st offense violation is 30 days in jail (which counts as credit for time served on the underlying sentence), 2nd offense is max 60 days in jail, 3rd offense can result in revocation and off to your original sentence. Again, I’m not sure about Texas law, but surely this kid committed some crime on his way to Mexico that could act as a crime for revocation purposes. ---
**Author:** ![astro](https://avatars.discourse-cdn.com/v4/letter/a/9dc877/32.png) [@astro](https://boards.straightdope.com/u/astro)\ **Post date:** [December 31, 2015, 12:37am UTC](https://boards.straightdope.com/t/assuming-affluenza-teen-mom-have-fled-the-us-what-penalty-does-mom-get/740854/17 "2015-12-31T00:37:17Z")
> [@UltraVires](#): > > I’m not sure about Texas law, but in my state, it depends. If you violate another criminal law, your probation can be revoked and you serve the remainder of the underlying sentence. (For example, a sentence may be 1 to 5 years in the penitentiary, but it will be suspended for, say, 2 years of probation. Even if you do 1 year and 10 months of probation and you violate it, then it could be off to the joint to begin a 1 to 5). > > If you violate an administrative condition of your probation which is not a crime for the general public (consuming alcohol, failing to report to your probation officer, staying out after curfew, etc.) then around here, the max penalty for 1st offense violation is 30 days in jail (which counts as credit for time served on the underlying sentence), 2nd offense is max 60 days in jail, 3rd offense can result in revocation and off to your original sentence. > > Again, I’m not sure about Texas law, but surely this kid committed some crime on his way to Mexico that could act as a crime for revocation purposes. I think the issue is that legally he has to be considered a juvenile up to the age of 19 for probation violations since he was sentenced as a juvenile. The actual they (real world) sanctions they can put on him is pretty limited for bolting. Mom not so much. [http://www.star-telegram.com/news/local/community/fort-worth/article52037270.html](http://www.star-telegram.com/news/local/community/fort-worth/article52037270.html) > [@](#): > > When Couch, 18, returns, the heaviest punishment he can receive for fleeing the country while on probation is several months in jail, Tarrant County District Attorney Sharen Wilson said Tuesday. > > Because Couch is on juvenile probation, any punishment would be limited to the terms of probation set in juvenile court. The terms don’t expire until he turns 19 in April. A hearing to transfer his case to an adult court is scheduled for Jan. 19. The change to adult status would extend his time on probation. ---
**Author:** ![Hari\_Seldon](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hari_seldon/32/5173_2.png) [@Hari\_Seldon](https://boards.straightdope.com/u/Hari_Seldon)\ **Post date:** [December 31, 2015, 1:16am UTC](https://boards.straightdope.com/t/assuming-affluenza-teen-mom-have-fled-the-us-what-penalty-does-mom-get/740854/18 "2015-12-31T01:16:47Z")
Can anyone explain what they hoped to do. Hole up in Mexico undocumented for the rest of his life? I mean probation is hardly the worst punishment imaginable. Couldn’t he just suck it up? But mainly, what were they planning? The whole affair just doesn’t make any sense. Let me observe that an earlier case of affluenza causing death turned into one of the most effective US senators in history. But he wizened up, that’s certain. ---
**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\ **Post date:** [December 31, 2015, 2:19am UTC](https://boards.straightdope.com/t/assuming-affluenza-teen-mom-have-fled-the-us-what-penalty-does-mom-get/740854/19 "2015-12-31T02:19:54Z")
Again, I don’t know Texas law, but couldn’t he be charged as an accessory to Mom’s hindering the apprehension of a juvenile? Conspiracy? He is 18 now, and I would guess legally an adult. That would be a new crime that he could be sentenced for, or am I incorrect? ---
**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\ **Post date:** [December 31, 2015, 3:13am UTC](https://boards.straightdope.com/t/assuming-affluenza-teen-mom-have-fled-the-us-what-penalty-does-mom-get/740854/20 "2015-12-31T03:13:44Z")
The news just said that the lawyers are fighting extradition so it will be delayed for a few weeks. Do his clients really want to sit in a shithole Mexican jail for weeks? I would be asking for the first flight home to a Texas jail. [Next page](https://boards.straightdope.com/t/assuming-affluenza-teen-mom-have-fled-the-us-what-penalty-does-mom-get/740854.md?page=2)