cruely to children

[melaw]

How can you charge a 17 year old for cruelty to children in 3rd degree?

 

[Ohiogal]

How can you charge a 17 year old for cruelty to children in 3rd degree?

Explain please. In what state are you? What are the details?

 

[HighwayMan]

How can you charge a 17 year old for cruelty to children in 3rd degree?

You can't charge anyone with anything. Only a prosecutor may do this.

 

[melaw]

cruelty to children

Through sheriff's office has charged my 17 year old son with this offense. He was in a fight with some boys and now he is being charged because someone under the age of 18 was present. He is under the age of 18

 

[melaw]

cruelty to children

We are Reidsville Georgia

 

[Zigner]

You and your son should consult with an attorney. Your son shouldn't discuss this matter with anybody (including you) unless upon the advice of his attorney.

 

[Silverplum]

Through sheriff's office has charged my 17 year old son with this offense. He was in a fight with some boys and now he is being charged because someone under the age of 18 was present. He is under the age of 18

Sounds about right once you read up on the topic.

Georgia law: http://law.justia.com/codes/georgia/2010/title-16/chapter-5/article-5/16-5-70

From an attorney blog (not an endorsement, just a link to an explanation) here: http://www.pagepate.com/child-cruelty-georgia-law/
"What exactly is “child cruelty” under Georgia law?

The crime is actually called “cruelty to children” and it is divided into 3 degrees. First degree cruelty to children requires that the person intentionally cause a child under the age of eighteen “cruel or excessive physical or mental pain.” Second degree cruelty to children only requires that the person cause such physical or mental pain with “criminal negligence” instead of any specific intent to cause harm. Third degree child cruelty is a different type of offense which involves a person who is engaged in fighting or some other type of violent conduct in the presence of a child. First degree cruelty to children carries a prison term from five to twenty years, second degree is punished by up to ten years in prison, and third degree child cruelty is a misdemeanor."

 

[LdiJ]

Sounds about right once you read up on the topic.

Georgia law: http://law.justia.com/codes/georgia/2010/title-16/chapter-5/article-5/16-5-70

From an attorney blog (not an endorsement, just a link to an explanation) here: http://www.pagepate.com/child-cruelty-georgia-law/
"What exactly is “child cruelty” under Georgia law?

The crime is actually called “cruelty to children” and it is divided into 3 degrees. First degree cruelty to children requires that the person intentionally cause a child under the age of eighteen “cruel or excessive physical or mental pain.” Second degree cruelty to children only requires that the person cause such physical or mental pain with “criminal negligence” instead of any specific intent to cause harm. Third degree child cruelty is a different type of offense which involves a person who is engaged in fighting or some other type of violent conduct in the presence of a child. First degree cruelty to children carries a prison term from five to twenty years, second degree is punished by up to ten years in prison, and third degree child cruelty is a misdemeanor."

It still seems odd for a child to be charged with cruelty to a child.

 

[Just Blue]

It still seems odd for a child to be charged with cruelty to a child.

17 v 14?? That, to me, would be cruel.

 

[LdiJ]

17 v 14?? That, to me, would be cruel.

Where did you get the 14? Don't get me wrong, its not the lack of a crime I am arguing, its the particular crime he is charged with. Assault seems more appropriate.

 

[davew128]

Not to mention it should depend on the facts involved. If the 14yo picks a fight with the older kid (or more likely runs his mouth), well IMO he gets what he deserves.

 

[Zigner]

Not that it matters here - in THIS case, the 17 year old is charged with fighting while other (non-fighting) children were present.

 

[LdiJ]

Not that it matters here - in THIS case, the 17 year old is charged with fighting while other (non-fighting) children were present.

It still seems off to me. I wonder how the prosecutor will deal with this one.

 

[stealth2]

There really isn't enough information, beyond the age of the son and the description of what constitutes cruelty to children in GA. All we know is that a buncha boys got into a fight. The "child" in question may have been 14..... or four. Big difference there. But Op doesn't seem inclined to tell us, so an attorney for Sonny Boy is their best/only option.