# Vandals damage home while family away -- they're "children" and won't be charged **URL:** \ **Category:** Miscellaneous and Personal Stuff I Must Share\ **Created:** [April 14, 2021, 10:34pm UTC](https://boards.straightdope.com/t/vandals-damage-home-while-family-away-theyre-children-and-wont-be-charged/940007 "2021-04-14T22:34:35Z")\ **Posts on this page:** 20\ **Page:** 5
**Author:** ![Mallard](https://avatars.discourse-cdn.com/v4/letter/m/b9bd4f/32.png) [@Mallard](https://boards.straightdope.com/u/Mallard)\ **Post date:** [April 15, 2021, 9:53pm UTC](https://boards.straightdope.com/t/vandals-damage-home-while-family-away-theyre-children-and-wont-be-charged/940007/81 "2021-04-15T21:53:25Z")
Holy mackerel my kids & grands were/are total angels compared to what I’m reading here! ---
**Author:** ![Munch](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/munch/32/5281_2.png) [@Munch](https://boards.straightdope.com/u/Munch)\ **Post date:** [April 15, 2021, 10:06pm UTC](https://boards.straightdope.com/t/vandals-damage-home-while-family-away-theyre-children-and-wont-be-charged/940007/82 "2021-04-15T22:06:17Z")
> [@griffin1977](#): > > They are profit making companies, so why would pay them in the knowledge that over time you are almost guaranteed (or at least very likely) to spend more on insuring your stuff than they will pay out in return. That’s not true at all. Insurance companies certainly pay out less than they receive in premium, but I guarantee that nearly every homeowner with a major loss like in the OP was paid out FAR more than they paid in. Insurance companies profit by spreading risk their risk out. > [@Dewey\_Finn](#): > > Or read [this page](https://www.allstate.com/tr/home-insurance/perils.aspx), which lists “vandalism and malicious mischief” among the commonly covered perils. A home that burns down and loses everything pays out on Coverage A and Coverage C. Coverage A is the structure. Coverage C is the contents. Some people don’t get Coverage C, like the person in the OP. ---
**Author:** ![nearwildheaven](https://avatars.discourse-cdn.com/v4/letter/n/90db22/32.png) [@nearwildheaven](https://boards.straightdope.com/u/nearwildheaven)\ **Post date:** [April 15, 2021, 10:58pm UTC](https://boards.straightdope.com/t/vandals-damage-home-while-family-away-theyre-children-and-wont-be-charged/940007/83 "2021-04-15T22:58:49Z")
I wonder who called them to tell them who did it, and what was said and how they knew about it. I’m spoilering this because I know I would be criticized for saying this, but does anyone else wonder if this was some kind of setup? ---
**Author:** ![LSLGuy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lslguy/32/5813_2.png) [@LSLGuy](https://boards.straightdope.com/u/LSLGuy)\ **Post date:** [April 15, 2021, 11:01pm UTC](https://boards.straightdope.com/t/vandals-damage-home-while-family-away-theyre-children-and-wont-be-charged/940007/84 "2021-04-15T23:01:30Z")
A more likely explanation is they knew exactly which neighborhood kids are trouble. As in they’d had minor run-ins before. ---
**Author:** ![Dewey\_Finn](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dewey_finn/32/4222_2.png) [@Dewey\_Finn](https://boards.straightdope.com/u/Dewey_Finn)\ **Post date:** [April 15, 2021, 11:05pm UTC](https://boards.straightdope.com/t/vandals-damage-home-while-family-away-theyre-children-and-wont-be-charged/940007/85 "2021-04-15T23:05:32Z")
That sounds plausible. The amount of damage seems malicious. ---
**Author:** ![erysichthon](https://avatars.discourse-cdn.com/v4/letter/e/d07c76/32.png) [@erysichthon](https://boards.straightdope.com/u/erysichthon)\ **Post date:** [April 15, 2021, 11:16pm UTC](https://boards.straightdope.com/t/vandals-damage-home-while-family-away-theyre-children-and-wont-be-charged/940007/86 "2021-04-15T23:16:49Z")
I wouldn’t be surprised if the kids bragged about it to their friends, either in person or via text messages and social media. ---
**Author:** ![BippityBoppityBoo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bippityboppityboo/32/5745_2.png) [@BippityBoppityBoo](https://boards.straightdope.com/u/BippityBoppityBoo)\ **Post date:** [April 16, 2021, 12:48am UTC](https://boards.straightdope.com/t/vandals-damage-home-while-family-away-theyre-children-and-wont-be-charged/940007/87 "2021-04-16T00:48:16Z")
> [@erysichthon](#): > > wouldn’t be surprised if the kids bragged about it to their friends, either in person or via text messages and social media. This. ---
**Author:** ![LSLGuy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lslguy/32/5813_2.png) [@LSLGuy](https://boards.straightdope.com/u/LSLGuy)\ **Post date:** [April 16, 2021, 12:53am UTC](https://boards.straightdope.com/t/vandals-damage-home-while-family-away-theyre-children-and-wont-be-charged/940007/88 "2021-04-16T00:53:56Z")
I guess they learned that trick from their parents who visited the Capitol on Jan 6. ---
**Author:** ![needscoffee](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/needscoffee/32/1076_2.png) [@needscoffee](https://boards.straightdope.com/u/needscoffee)\ **Post date:** [April 16, 2021, 12:54am UTC](https://boards.straightdope.com/t/vandals-damage-home-while-family-away-theyre-children-and-wont-be-charged/940007/89 "2021-04-16T00:54:57Z")
They were probably covered in glitter and god-knows-what-all from head to toe. ---
**Author:** ![Dewey\_Finn](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dewey_finn/32/4222_2.png) [@Dewey\_Finn](https://boards.straightdope.com/u/Dewey_Finn)\ **Post date:** [April 16, 2021, 1:13am UTC](https://boards.straightdope.com/t/vandals-damage-home-while-family-away-theyre-children-and-wont-be-charged/940007/90 "2021-04-16T01:13:16Z")
> [@erysichthon](#): > > I wouldn’t be surprised if the kids bragged about it to their friends, either in person or via text messages and social media. Why would that matter? It sounds like the police know who was responsible. ---
**Author:** ![LSLGuy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lslguy/32/5813_2.png) [@LSLGuy](https://boards.straightdope.com/u/LSLGuy)\ **Post date:** [April 16, 2021, 1:27am UTC](https://boards.straightdope.com/t/vandals-damage-home-while-family-away-theyre-children-and-wont-be-charged/940007/91 "2021-04-16T01:27:57Z")
The latest question is how the police or victims first learned who the perps were. The speculation being the perps bragged on social media or to IRL friends and so outed themselves. ---
**Author:** ![nearwildheaven](https://avatars.discourse-cdn.com/v4/letter/n/90db22/32.png) [@nearwildheaven](https://boards.straightdope.com/u/nearwildheaven)\ **Post date:** [April 22, 2021, 2:01am UTC](https://boards.straightdope.com/t/vandals-damage-home-while-family-away-theyre-children-and-wont-be-charged/940007/92 "2021-04-22T02:01:12Z")
So, any more information about this? ---
**Author:** ![nelliebly](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/nelliebly/32/5422_2.png) [@nelliebly](https://boards.straightdope.com/u/nelliebly)\ **Post date:** [April 22, 2021, 2:46am UTC](https://boards.straightdope.com/t/vandals-damage-home-while-family-away-theyre-children-and-wont-be-charged/940007/93 "2021-04-22T02:46:55Z")
Of course kids can be charged with crimes in SC. That’s why there’s a juvenile justice system there. [To wit](https://www.sc.edu/study/colleges_schools/law/centers/childrens_law/docs_general/jj_quick_reference_guide_for_judges_attorneys.pdf), > Any person, including law enforcement, who believes that a child has committed a criminal or status offense, may initiate a family court proceeding involving the child. Under most circumstances, the solicitor or someone authorized by the family court will prepare a petition and file it with the family court. A petition, which is similar to an indictment in the adult system, is a formal document alleging that a child committed a delinquent act. > > After the petition is filed, the child and the child’s parents or guardian are notified of > the charges against the child. The court will then set a date and time for the > ajudicatory hearing, which is the hearing where the judge decides whether the juvenile is “guilty” or “not guilty” of the alleged offense(s). I don’t understand why the sheriff says they can’t be charged. ---
**Author:** ![eschrodinger](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/eschrodinger/32/122_2.png) [@eschrodinger](https://boards.straightdope.com/u/eschrodinger)\ **Post date:** [April 22, 2021, 3:07am UTC](https://boards.straightdope.com/t/vandals-damage-home-while-family-away-theyre-children-and-wont-be-charged/940007/94 "2021-04-22T03:07:51Z")
Children under the age of responsibility can’t be charged, even in the juvenile delinquency system. If they’ve done something serious, there could be a juvenile dependency case against the parents based on a failure to supervise, if it is putting the child at risk. ---
**Author:** ![erysichthon](https://avatars.discourse-cdn.com/v4/letter/e/d07c76/32.png) [@erysichthon](https://boards.straightdope.com/u/erysichthon)\ **Post date:** [April 22, 2021, 3:12am UTC](https://boards.straightdope.com/t/vandals-damage-home-while-family-away-theyre-children-and-wont-be-charged/940007/95 "2021-04-22T03:12:17Z")
The _Daily Mail_ picked up the story; they interviewed the couple and ran a bunch of additional pictures of the wreckage. The Kennys are suing the parents of the vandals, but (as noted earlier in this thread) their liability is limited to $5,000. > **[Children break into home and cause $40,000 of damage](https://www.dailymail.co.uk/news/article-9470297/Familys-home-partially-DEMOLISHED-children-broke-caused-40-000-damage.html)** > > Kara and Brian Kenny face extreme financial hardship after their home was targeted and ruined while they vacationed in Orlando The GoFundMe set up for the family has raised just over $10,000. ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [April 22, 2021, 3:26am UTC](https://boards.straightdope.com/t/vandals-damage-home-while-family-away-theyre-children-and-wont-be-charged/940007/96 "2021-04-22T03:26:58Z")
_Daily Mail_ says the ages have not been released by the police. ---
**Author:** ![nelliebly](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/nelliebly/32/5422_2.png) [@nelliebly](https://boards.straightdope.com/u/nelliebly)\ **Post date:** [April 22, 2021, 4:28am UTC](https://boards.straightdope.com/t/vandals-damage-home-while-family-away-theyre-children-and-wont-be-charged/940007/97 "2021-04-22T04:28:36Z")
But South Dakota is one of 34 states that have not specified a lowest age for either delinquency or status offenses. (Status offenses are conduct charges that would not be a crime if committed by an adult, such as truancy or alcohol consumption.) See [here](https://www.ojjdp.gov/ojstatbb/structure_process/qa04102.asp?qaDate=2016&text=no&maplink=link1). ---
**Author:** ![eschrodinger](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/eschrodinger/32/122_2.png) [@eschrodinger](https://boards.straightdope.com/u/eschrodinger)\ **Post date:** [April 22, 2021, 4:40am UTC](https://boards.straightdope.com/t/vandals-damage-home-while-family-away-theyre-children-and-wont-be-charged/940007/98 "2021-04-22T04:40:09Z")
Your link says SD has a lower age limit of 10 for delinquency charges. ETA:. Hang on, you meant South Carolina. Let me have a look. But you don’t need to specify it by statute for police and prosecutors to know they can’t charge. ---
**Author:** ![nelliebly](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/nelliebly/32/5422_2.png) [@nelliebly](https://boards.straightdope.com/u/nelliebly)\ **Post date:** [April 22, 2021, 4:48am UTC](https://boards.straightdope.com/t/vandals-damage-home-while-family-away-theyre-children-and-wont-be-charged/940007/99 "2021-04-22T04:48:24Z")
Sorry, that was a tired typo. Yes, South Carolina. If it’s not specified by statute, why can’t police and prosecutors charge? (I’m not saying they _should_ charge. I’m trying to understand why the sheriff said children cannot be charged.) ---
**Author:** ![eschrodinger](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/eschrodinger/32/122_2.png) [@eschrodinger](https://boards.straightdope.com/u/eschrodinger)\ **Post date:** [April 22, 2021, 5:17am UTC](https://boards.straightdope.com/t/vandals-damage-home-while-family-away-theyre-children-and-wont-be-charged/940007/100 "2021-04-22T05:17:30Z")
The Sheriff and a prosecutor have responsibilities not to charge people if they know the person can’t be held responsible. Prosecutors have ethical obligations not to charge someone if they don’t think they can prove the charge. Even if there’s no lower age limit, to hold a child responsible in the delinquency system, prosecutors would have to deal first with competency to stand trial, and then would have to deal with the applicable criminal intent as an element of the offense. I believe that there would be a probable cause hearing early on to see if the state could establish sufficient evidence of the ability to form criminal intent. Imagine that a charge of criminal mischief requires the intent to permanently deprive someone of property. Less mature kids don’t even understand what “permanent” means, let alone think ahead to understand that breaking something means the owner of that thing is deprived of it permanently. [Previous page](https://boards.straightdope.com/t/vandals-damage-home-while-family-away-theyre-children-and-wont-be-charged/940007.md?page=4) [Next page](https://boards.straightdope.com/t/vandals-damage-home-while-family-away-theyre-children-and-wont-be-charged/940007.md?page=6)