Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law

If a six year old shot his classmate, can parents file crimnal

Customer Question
intent charges against this six...
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
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 10 minutes by:
6/1/2011
Criminal Lawyer: Law Educator, Esq., Lawyer replied 6 years ago
Law Educator, Esq.
Category: Criminal Law
Satisfied Customers: 121,027
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Verified
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).


I hope you found my answer helpful, please click on the GREEN ACCEPT button above for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”

Law Educator, Esq.
Category: Criminal Law
Satisfied Customers: 121,027
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Verified
Law Educator, Esq. and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 121,027
121,027 Satisfied Customers
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
My husband was arrested for public intox. He was alone at
My husband was arrested for public intox. He was alone at the time not causing a problem just on the street late. He has an arraignment in a couple of weeks. Not sure what to plea and if this goes on … read more
QuickEasyLegalHelp
QuickEasyLegalHelp
75 satisfied customers
Court on 1/18/18 charges public intoxication and possession
Court on 1/18/18 charges public intoxication and possession of drug paraphanelia (needles) and possession of a schedule 4 narcotic all misdemeanor charges. first court date they came back with a offer… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,778 satisfied customers
I got a charge for public intoxication last night, I would
Hi, I got a charge for public intoxication last night, I would like to know what I need to do … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,127 satisfied customers
My son has a third-degree juvenile felony adjudication in
My son has a third-degree juvenile felony adjudication in Texas, dating back to 2013. He is 20 now. Can he purchase a long gun? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Is a public intoxication a ticket. Texas. No they just GA e
is a public intoxication a ticket JA: In what state did this occur? Customer: Texas JA: Have you talked to a lawyer yet? Customer: no they just GA e me a card number JA: Anything else you want the law… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
In criminal court, I understand that when an accused has
In criminal court, I understand that when an accused has Clemency from the State Board of X that it can not be held against the accused.So what about in civil court?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,843 satisfied customers
I am looking for help regarding a public intoxication
thank you, ***** ***** looking for help regarding a public intoxication charge … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I live in WV. I just came from juvenile court for truancy
I live in WV. I just came from juvenile court for truancy against my 17 year old son. The attendance officer had multiple doctor excuses in hand, and stated some were real and some were fake. The judg… read more
Law Educator, Esq.
Law Educator, Esq.
Lawyer
121,027 satisfied customers
I have a question about procedure in criminal court in
I have a question about procedure in criminal court in Texas; specifically if there is any way to request a pretrial hearing prior to indicment of a felony … read more
Ray
Ray
Lawyer
Doctoral Degree
30,843 satisfied customers
Is it not uncommon for criminal court judges or their
Is it not uncommon for criminal court judges or their court's administration (e.g. bailiffs) to manipulate the only clock on the wall in the courtroom (e.g. set it purposely ahead of or behind the act… read more
Law Educator, Esq.
Law Educator, Esq.
Lawyer
121,027 satisfied customers
If I was on pain medication and intoxicated during a police
If I was on pain medication and intoxicated during a police statement how would I motion to have this statement removed ?… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,778 satisfied customers
I had a criminal court hearing and was sentenced, but was
I had a criminal court hearing and was sentenced, but was never sworn in can this be thrown out… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,778 satisfied customers
I have a question regarding a public intoxication charge.
I have a question regarding a public intoxication charge. The incident happened in Stillwater, OK … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I was charged with public intoxication and disturbing the
I was charged with public intoxication and disturbing the peace am I going to have to face jail time? … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,327 satisfied customers
I was charged with public intoxication and disturbing the
Second opinion] I was charged with public intoxication and disturbing the peace am I going to have to face jail time? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,127 satisfied customers
I have a court da on October 30 for a misdemeanor without a
I have a court da on October 30 for a misdemeanor without a bail and they didn't took my passport, can I leave the country? … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,778 satisfied customers
I am looking to see if a charge of first degree reckless
I am looking to see if a charge of first degree reckless endangerment can be used if the criminal was on acid and drinking … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,778 satisfied customers
In Texas, in a Class Misdemeanor criminal case where the
In Texas , in a Class B Misdemeanor criminal case where the defendant is representing themselves.Is it correct that the defendant can request from the DA any offense reports, any designated documents,… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x