Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
Thank you for using JustAnswer. I am researching your issue and will respond shortly.
Yes, he can be charged with criminal mischief, although it's by no means certain that he can be convicted of it.
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.
Note that there has to be "intentional" or "knowing" behavior on his part.
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).
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.
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.
Thank you for your time , Thats all I needed to know
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!
Did you have any other questions before you rate this answer?
no . thank you