# Who goes to prison, me or the 'rents?

**URL:** <https://boards.straightdope.com/t/who-goes-to-prison-me-or-the-rents/189533>\
**Category:** Factual Questions\
**Created:** [July 19, 2003, 3:06am UTC](https://boards.straightdope.com/t/who-goes-to-prison-me-or-the-rents/189533 "2003-07-19T03:06:07Z")\
**Posts on this page:** 3\
**Page:** 2

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**Author:** ![Otto](https://avatars.discourse-cdn.com/v4/letter/o/bbe5ce/32.png) [@Otto](https://boards.straightdope.com/u/Otto)\
**Post date:** [July 20, 2003, 3:15pm UTC](https://boards.straightdope.com/t/who-goes-to-prison-me-or-the-rents/189533/21 "2003-07-20T15:15:07Z")

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> [@](#):
>
> I seem to recall at least a few jurisdictions retained the concept that a parent is civilly liable for the wilful misconduct of the child, but I don’t know any more specifics than that.

The OP lives in Wisconsin. Wisconsin allows under [Wis. stat. 895.035](http://folio.legis.state.wi.us/cgi-bin/om_isapi.dll?clientID=228503&infobase=stats.nfo&j1=895.035&jump=895.035) for the parents of minors to be sued for certain torts of the minor but caps damages at $2,500 per wrongful act. The same section also provides that a parent may be ordered to pay restitution for certain criminal acts of minor children if the minor child does not or it appears that the minor child will not pay them. So in that instance, assuming that the theft is determined to fall under the terms of the statute the parent may be held civilly responsible and subject to covering the cost of the criminal penalty, although not to serve any prison time.

IANAL and YMMV by jurisdiction.

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**Author:** ![Speaker\_for\_the\_Dead](https://avatars.discourse-cdn.com/v4/letter/s/c77e96/32.png) [@Speaker\_for\_the\_Dead](https://boards.straightdope.com/u/Speaker_for_the_Dead)\
**Post date:** [July 20, 2003, 3:18pm UTC](https://boards.straightdope.com/t/who-goes-to-prison-me-or-the-rents/189533/22 "2003-07-20T15:18:42Z")

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Heh, if they do, I’ll just tell other Canadians to go CRIA river.  
😃

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**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:** [July 21, 2003, 5:22pm UTC](https://boards.straightdope.com/t/who-goes-to-prison-me-or-the-rents/189533/23 "2003-07-21T17:22:21Z")

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> [@](#):
>
> \*Originally posted by Speaker for the Dead \*  
> \*\*Heh, if they do, I’ll just tell other Canadians to go CRIA river.  
> 😃 \*\*

😃 😛 😃 😛 😃 😛

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