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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
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Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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If a six year old shot his classmate, can parents file crimnal

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If a six year old shot his classmate, can parents file crimnal intent charges against this six year old.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 6 years ago.
Under Texas Law:

Sec. 8.07. AGE AFFECTING CRIMINAL RESPONSIBILITY. (a) A person may not be prosecuted for or convicted of any offense that he committed when younger than 15 years of age except: (1) perjury and aggravated perjury when it appears by proof that he had sufficient discretion to understand the nature and obligation of an oath; (2) [amended 9/1/97] a violation of a penal statute cognizable under Chapter 729, Transportation Code, except for: (A) an offense under Section 550.021, Transportation Code; (B) an offense punishable as a Class B misdemeanor under Section 550.022, Transportation Code; or (C) an offense punishable as a Class B misdemeanor under Section 550.024, Transportation Code; (3) a violation of a motor vehicle traffic ordinance of an incorporated city or town in this state; (4) a misdemeanor punishable by fine only other than public intoxication; (5) a violation of a penal ordinance of a political subdivision; or (6) a violation of a penal statute that is, or is a lesser included offense of, a capital felony, an aggravated controlled substance felony, or a felony of the first degree for which the person is transferred to the court under Section 54.02, Family Code, for prosecution if the person committed the offense when 14 years of age or older. (b) Unless the juvenile court waives jurisdiction under Section 54.02, Family Code, and certifies the individual for criminal prosecution or the juvenile court has previously waived jurisdiction under that section and certified the individual for criminal prosecution, a person may not be prosecuted for or convicted of any offense committed before reaching 17 years of age except an offense described by Subsections (a)(1)-(5). (c) No person may, in any case, be punished by death for an offense committed while he was younger than 17 years. Before 9/1/97 (a)(2) provided: (2) a violation of a penal statute cognizable under Chapter 302, Acts of the 55th Legislature, Regular Session, 1957 (Article 6701l-4, Vernon's Texas Civil Statutes); 1995 Act, amending 8.07, provided: SECTION 106. (a) Except as provided by Subsection (b) of this section, this Act applies only to conduct that occurs on or after January 1, 1996. Conduct violating a penal law of this state occurs on or after January 1, 1996, if every element of the violation occurs on or after that date.Conduct that occurs before January 1, 1996, is governed by the law in effect at the time the conduct occurred, and that law is continued in effect for that purpose. (b) Chapter 55, Family Code, as amended by this Act, applies only to conduct that occurs on or after the effective date of that chapter. Conduct violating a penal law of this state occurs on or after that date if every element of the violation occurs on or after that date. Conduct that occurs before the effective date of that chapter is governed by the law in effect at the time the conduct occurred, and that law is continued in effect for that purpose.

Also, the courts find that criminal intent is not formed under the age of 10 in Texas. See: Ex parte Trahan, 591 S.W.2d 837 (Tex. Cr. App., 1979).


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