# Parental liability in juvenile larceny issue **URL:** \ **Category:** Factual Questions\ **Created:** [April 26, 2012, 4:50am UTC](https://boards.straightdope.com/t/parental-liability-in-juvenile-larceny-issue/619992 "2012-04-26T04:50:44Z")\ **Posts on this page:** 4\ **Page:** 1
**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:** [April 26, 2012, 4:50am UTC](https://boards.straightdope.com/t/parental-liability-in-juvenile-larceny-issue/619992/1 "2012-04-26T04:50:44Z")
A friend announced on Facebook the other day that the music room at the high school where he teaches was broken into over the weekend, and several instruments stolen, including some that were his personal property. Today, he made a further announcement: that the thieves had been identified and apprehended, and most of the property recovered (he’s still missing a trumpet). As the perpetrators are minors, it is being handled as a matter for the juvenile justice system. In his own words: > [@](#): > > I want to prosecute to the fullest extent of the law. I want to make it a very expensive crime for these individuals. Anyone know of any further action I can take that is within my rights as a citizen? I’m curious to know if the kids’ parents can be held liable in a civil action for the replacement value of the stolen trumpet. I recognize that holding the parents financially accountable ultimately makes the crime more expensive for the _parents_, as opposed to the individuals who committed the crime; however, if it CAN be done, my friend may be happy to have the parents incentivized to take it out of their kids’ hides (metaphorically – probably). California lawyers: what does tort law in California say about this? Or, as an alternative to a full-blown lawsuit, the kind where everybody lawyers up, would assignment of liability to the parents be feasible in small claims court? Thanks in advance for knowledgeable and informed responses. ---
**Author:** ![ENugent](https://avatars.discourse-cdn.com/v4/letter/e/4af34b/32.png) [@ENugent](https://boards.straightdope.com/u/ENugent)\ **Post date:** [April 26, 2012, 5:10am UTC](https://boards.straightdope.com/t/parental-liability-in-juvenile-larceny-issue/619992/2 "2012-04-26T05:10:11Z")
I am not licensed to practice in California, so this is purely a lay, off-the-cuff response. Most states have an age below which children are not responsible for their torts at all - but their parents may be responsible for negligent-failure-to-supervise. However, I’m guessing that the children involved here are old enough to be responsible for the theft. As such, he can likely sue the children involved, either in regular court or small claims court, depending on the value of the instruments. I _think_ that their parents would be responsible for their debts of this nature, but I’m not certain about that. Whether or not they are legally responsible, I would probably pay up on behalf of my daughter, and I think that most other parents would, too. ---
**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:** [April 26, 2012, 5:41am UTC](https://boards.straightdope.com/t/parental-liability-in-juvenile-larceny-issue/619992/3 "2012-04-26T05:41:40Z")
Thanks for the response, **ENugent**. > [@ENugent](#): > > I _think_ that their parents would be responsible for their debts of this nature, but I’m not certain about that. Is that the way the responsibility falls in Washington state, that the parents are responsible? I promise not to try to extrapolate your response to California law. ETA: The oldest of the kids is 17, JFTR. ---
**Author:** ![ENugent](https://avatars.discourse-cdn.com/v4/letter/e/4af34b/32.png) [@ENugent](https://boards.straightdope.com/u/ENugent)\ **Post date:** [April 26, 2012, 6:02pm UTC](https://boards.straightdope.com/t/parental-liability-in-juvenile-larceny-issue/619992/4 "2012-04-26T18:02:52Z")
> [@kaylasdad99](#): > > Thanks for the response, **ENugent**.Is that the way the responsibility falls in Washington state, that the parents are responsible? I promise not to try to extrapolate your response to California law. I knew the answer to this question when I took the bar exam, but now I would have to go look it up. As a practical matter, parents who are not total dickwagons do not want to saddle their kids with a big debt that could destroy their futures, so they will make arrangements to get it paid off (possibly lending the money to the kid themselves but making them pay it back, etc.). However, the children of parents who are not total dickwagons are far less likely to be breaking in and stealing stuff, so maybe you don’t want to count on that. I did find [this outline](http://nationalparalegal.edu/public_documents/courseware_asp_files/domesticRelations/FamilyRelationships/Torts.asp), which includes some references to California law, if that helps. > [@](#): > > Andrew, who is 16 years old, went on a drinking binge with some friends (also minors). While drunk, he stole a small airplane and went on a joy ride with his friends. He did not have a pilot’s license. Although he managed to land the plane without incident, he did slide into another small plane and cause $10,000 worth of damage. The owner of the damaged plane sued Andrew and his parents. If this incident had happened in California, both Andrew and his parents could be held jointly and severally liable for the $10,000 in damages as a result of Andrew’s willful misconduct. See Cal. Civ. Code § 1714.1; see also Nev. Rev. Stat. Ann. § 41.470 (2005). No warranty on whether this is still accurate, but it might give you a starting place to look things up.