{"id":351939,"date":"2016-04-04T11:02:42","date_gmt":"2016-04-04T16:02:42","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/family\/parental-rights-and-liability\/parental-criminal-liability.html"},"modified":"2025-02-25T11:48:00","modified_gmt":"2025-02-25T16:48:00","slug":"parental-criminal-liability","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/family\/parental-rights-and-liability\/parental-criminal-liability.html","title":{"rendered":"Parental Criminal Liability"},"content":{"rendered":"\n
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Parental Criminal Liability<\/h1>\n
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\n By John Mascolo, Esq.<\/a> | Legally reviewed by Joseph Fawbush, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Criminal liability for parents occurs when parents engage in gross negligence in the supervision of their child. It may also exist when a parent or legal guardian acts or fails to act in a way that promotes the child’s delinquent acts.<\/p>\n\n <\/div>\n\n

Parents themselves may be held criminally liable for the acts of their children. Efforts to criminalize parental negligence have grown. Parents and children need to know when a child’s criminal act may place parental rights and a parent’s liberty in jeopardy.<\/p>\n

Criminal laws related to parents vary from state to state. Below is a brief discussion of the key areas related to parental criminal liability. If you face criminal charges, it\u2019s a good idea to get representation and advice from a criminal defense attorney<\/a> early in the process. <\/p>\n

Criminal Liability vs. Civil Liability of Parents<\/h2>\n

Parental criminal liability should not be confused with parental civil liability<\/a>. Civil parental liability laws provide that parents may be liable for monetary damages for property damage or personal injury caused by their minor child. A person is a minor until they reach the age of majority. In most states, this is 18 years old.<\/p>\n

Civil liability statutes operate under the theory of vicarious liability from the common law. Basically, parents assume control and provide direction to their children much like employers supervise their employees. So, parents can be held responsible for their children’s torts (wrongful acts).<\/p>\n

Can a Parent Go to Jail for Their Child’s Crime?<\/h2>\n

It depends. Parents may face jail time if they have significant criminal responsibility for the harm their child causes. Yet, a parent can\u2019t go to jail solely because their child committed a crime.<\/p>\n

A jail sentence might apply when the parent\u2019s own wrongdoing rises to a serious level. The wrongdoing could be either an intentional act or negligence<\/a>. For example, a court may consider a parent who encourages the child\u2019s conduct to be complicit in the crime. Or, the court might find a parent should have known their child posed a major danger but failed to act responsibly. The sections below describe criminal liability in more detail.<\/p>\n

While there are many parental duties under the law, parents can\u2019t always control their children. Parenting decisions are complex. A child\u2019s crime might not be reasonably preventable with the parent\u2019s supervision or precaution. Still, parents may want to get legal advice for protection if their child faces criminal charges.<\/p>\n

Parental Criminal Liability for Firearms Access<\/h2>\n

School shootings and other mass shootings have raised awareness of the easy access to firearms for Americans of all ages. In certain cases, where the shooters were minor children, many have questioned parental liability for the child’s acts.<\/p>\n

Although some parents have faced criminal charges for permitting child access to firearms, the majority have not. Police and prosecutors may look beyond violations of firearms access laws. They may seek to hold parents accountable more broadly for these crimes when there is strong evidence.<\/p>\n

A Virginia grand jury<\/a> indicted a mother with felony and misdemeanor charges for failing to prevent her 6-year-old child’s access to a loaded gun. He later shot his teacher at school. In Michigan, an appeals court ruled that criminal charges against the parents of a high school shooter could proceed to trial. The parents face charges of involuntary manslaughter<\/a> for the four children who were killed by their son.<\/p>\n

Some state laws make it a crime for parents to provide children access to firearms under certain circumstances. These laws prohibit unsafe storage of a loaded firearm in a way that allows a child to obtain access. These child access protection laws (CAP laws) may include greater punishment if a child injures someone or causes a death.<\/p>\n

Other state laws carve out exceptions where parental liability may not apply. For example, criminal liability may not exist when a child breaks into a home and obtains a firearm that was properly stored. Another exception to criminal liability may arise if a child uses the weapon in self-defense<\/a>.<\/p>\n

In addition, several states bestow parental criminal liability on a parent or adult guardian who knows a child has illegal possession of a gun and doesn’t take it away.<\/p>\n

In jurisdictions<\/a> where it is a crime to leave a loaded firearm accessible to children, these laws typically apply \u2014 and parents can be charged \u2014 only if the minor gains access to the gun. There are usually exceptions if the parent stores the gun in a locked box or secures it with a trigger lock. In most states, the penalty for unlawful access is a misdemeanor. A felony charge may apply when the child injures someone.<\/p>\n

Recent legal changes in two states provide examples of criminal liability in this area.<\/p>\n

Example of Parental Liability in New York<\/h3>\n

In 2019, New York State revised the safe storage gun law in its penal code to require firearm owners to securely lock up their firearms if they live with (or can expect a visit from) someone who is under 16 years of age.<\/p>\n

New York law had previously required firearm owners to securely lock up their firearms when they lived with someone who was prohibited from possessing them. For example, the owner lived with someone with a felony conviction.<\/p>\n

Under the current law, failing to lock up the firearm to prevent child access can result in a Class A misdemeanor. An offender can face up to one year in jail or a fine of $1,000.<\/p>\n

Example of Parental Liability in Colorado<\/h3>\n

In 2021, Colorado amended its firearm safety laws to address child access and safe storage<\/a> concerns. Current law makes it a felony offense to intentionally, knowingly, or recklessly provide a handgun to anyone under the age of 18. Liability extends to situations where the gun owner knows or has reason to know that a minor child possesses the gun or will commit a felony and takes no reasonable actions to prevent the possession or the crime.<\/p>\n

The law also provides a misdemeanor offense when a firearm owner transfers or sells a long gun to a minor child or permits unsupervised possession of a long gun without parental consent. A firearm owner commits a misdemeanor offense when they fail to responsibly store their firearm in a secure manner and\/or reasonably know a minor child has access and no parental permission.<\/p>\n

Internet Access and Computer Hacking<\/h2>\n

Another parental criminal liability issue involves certain unlawful computer and internet activities committed by minors. The spotlight on digital crime now rivals the concern about more traditional juvenile crimes, such as alcohol and drug abuse or shoplifting.<\/p>\n

Parents know that early involvement with the criminal justice system can put kids on the wrong track. It can likely follow them into adulthood.<\/p>\n

Preventing Children from Committing Internet Crimes<\/h3>\n

In the early 2000s, camera cellphones and computer webcameras grew in popularity. This increased the opportunity for minors to distribute or sell pornographic images of themselves or others.<\/p>\n

The use of the internet, computers, and social media to commit various crimes has only increased. Unfortunately, juvenile crimes of sexting<\/a> and cyberbullying<\/a> have also become more prevalent.<\/p>\n

Parents often do not know what their children are doing with their personal devices. But they may have a responsibility to use parental control settings and supervision to protect children online. State liability laws have raced to keep up with the trends. It is unclear how often the criminal justice system prosecutes parents or other family members for these crimes.<\/p>\n

State investigative offices<\/a> have improved their ability to detect computer and telecommunications crime. They often assist local law enforcement who may not have the computer-focused resources in a given case. Computer forensic evidence may provide support for charging juveniles and their parents when it demonstrates parental knowledge of criminal activity.<\/p>\n

Example Cases of Child Cybercrimes<\/h3>\n

In 2003, The Recording Industry Association of America sued 261 persons for downloading protected music<\/a> onto their personal computers. It alleged copyright infringement. Among the defendants were several surprised parents who had no knowledge of their minor child’s downloading activities.<\/p>\n

In Thrifty-Tel v. Bezenek<\/i><\/a>, the California Court of Appeals upheld a verdict against the parents of juvenile computer hackers. The juveniles accessed the phone company’s network and made long-distance calls without cost.<\/p>\n

Parental Criminal Liability for Delinquent Youth<\/h2>\n

Although some states impose criminal liability on parents of delinquent youth<\/a>, many more have enacted less stringent types of parental responsibility laws. Some states require parents to attend the hearings of children considered delinquent. If they do not, they may face contempt charges.<\/p>\n

Some state laws require parents to pay the court costs associated with delinquency proceedings. Other states impose financial responsibility on parents for the state costs. This may include the costs of processing their children through the juvenile justice system.<\/p>\n

Contributing to the Delinquency Statutes<\/h3>\n

Most states have laws that allow an adult with control over a child to be charged with a separate crime of contributing to the delinquency of a minor<\/a>. Such laws make it a crime for a parent, legal guardian, or other custodian of a child to aid or encourage a child to become delinquent.<\/p>\n

States may define delinquency differently. A child’s acts may be delinquent when they mirror criminal acts by an adult, such as theft, assault, or vandalism. A child’s acts may also be delinquent when they involve status offenses. Status offenses are acts that are only illegal when committed by minors. Examples include truancy, running away from home, violating curfew, and purchasing or possessing alcohol or cigarettes.<\/p>\n

In most states, a charge of contributing to the delinquency of a minor is a misdemeanor crime. In Colorado, this charge will be a class 4 felony if the action of the child in question is a "felony victim rights act" crime. This includes most violent crimes under the state penal code.<\/p>\n

Laws Requiring Parents to Exercise Control Over a Child<\/h3>\n

Some parents claim that they were not aware of the actions of their children. They may deny that they took any step to encourage delinquent acts.<\/p>\n

Under certain state laws, an overt act or awareness is not required. These states make it a misdemeanor crime when a parent or legal guardian does not "exercise" reasonable care, control, or supervision of a minor child. In California, the courts have upheld the broad language of such statutes.<\/p>\n

More Questions About Parental Criminal Liability? Talk to a Lawyer<\/h2>\n

Nothing can be more discouraging than facing the prospect of a child’s engagement in juvenile crime. If the facts demonstrate that a parent encouraged or took no act to prevent the child’s misconduct, the parent may face criminal charges. Of course, each state’s law is different. If you have concerns about parental criminal liability, consider speaking with an attorney experienced in criminal defense. You can reach out to a criminal law attorney<\/a> in your area.<\/p>\n

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