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ScottyMacESQ
ScottyMacESQ, Lawyer
Category: Real Estate Law
Satisfied Customers: 11557
Experience:  Licensed General Practice Attorney, Texas
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My son has been charged with criminal mischief, He was invited

Customer Question

My son has been charged with criminal mischief, He was invited to ride a 4 wheeler on a friends property who lives close by. I was aware that was what he was going to do. It turns out that the 4 wheeler was stolen a day or two earlier by a couple of other kids that I do not know. The police found the 4 wheeler and charged my son with criminal mischief, along with 3 other boys. My son claims he never new the 4 wheeler was stolen and that the kids who I believe stole it tried to sell it to him. Question...... Can he be charged with criminal mischief if he didnt know it was stolen?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  ScottyMacESQ replied 1 year ago.

ScottyMacESQ :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacESQ :

Yes, he can be charged with criminal mischief, although it's by no means certain that he can be convicted of it.

ScottyMacESQ :

Here's the law: Texas Penal Code § 28.03. CRIMINAL MISCHIEF. (a) A person commits an offense if, without the effective consent of the owner: (1) he intentionally or knowingly damages or destroys the tangible property of the owner; (2) he intentionally or knowingly tampers with the tangible property of the owner and causes pecuniary loss or substantial inconvenience to the owner or a third person; or (3) he intentionally or knowingly makes markings, including inscriptions, slogans, drawings, or paintings, on the tangible property of the owner.

ScottyMacESQ :

Note that there has to be "intentional" or "knowing" behavior on his part.

ScottyMacESQ :

It's not enough to say that he should have known, but rather the prosecution will need to prove that he did know or that he intentionally caused this inconvenience (or contributed to it).

ScottyMacESQ :

The fact that he did not know is a defense to the prosecution, in that it goes to one of the key elements (intent or knowledge) that is required to be proved.

ScottyMacESQ :

Now that being said, there can be circumstantial evidence, as well as testimonial evidence (perhaps one of the other boys will testify that he did know) that could establish this.

Customer:

Thank you for your time , Thats all I needed to know

ScottyMacESQ :

My pleasure.If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX good luck to you!

ScottyMacESQ :

Did you have any other questions before you rate this answer?

Customer:

no . thank you

ScottyMacESQ, Lawyer
Category: Real Estate Law
Satisfied Customers: 11557
Experience: Licensed General Practice Attorney, Texas
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