Penal code 490.1

[lbs2005]

What is the name of your state?California

Hi. My 12 year old daughter was caught violating penal code 490.1 for taking $25.00 from someone at school. It is her 1st offence. She has a court date in January, but what is going to happen is eating her up. She is ashamed of what she did, and she is terrified that she will be taken away from me. Could you tell me what the possibilities are for her punishment? The only good thing that has come from this is that I don't believe that she will ever do this again. Thank you.

 

[Zephyr]

What is the name of your state?California

Hi. My 12 year old daughter was caught violating penal code 490.1 for taking $25.00 from someone at school. It is her 1st offence. She has a court date in January, but what is going to happen is eating her up. She is ashamed of what she did, and she is terrified that she will be taken away from me. Could you tell me what the possibilities are for her punishment? The only good thing that has come from this is that I don't believe that she will ever do this again. Thank you.

she won't be taken away from you, and at her age- a fine, maybe a little probation probably some community service

 

[lbs2005]

Thank you very much for the information. It will ease my daughter and myself very much.

 

[CdwJava]

It's an infraction under CA law ... one of the few non-traffic laws that are.

490.1. (a) Petty theft, where the value of the money, labor, real
or personal property taken is of a value which does not exceed fifty
dollars ($50), may be charged as a misdemeanor or an infraction, at
the discretion of the prosecutor, provided that the person charged
with the offense has no other theft or theft-related conviction.

(b) Any offense charged as an infraction under this section shall
be subject to the provisions of subdivision (d) of Section 17 and
Sections 19.6 and 19.7.

A violation which is an infraction under this section is
punishable by a fine not exceeding two hundred fifty dollars ($250).

They gave her a sweet deal. She could have been charged with misdemeanor theft - a misdemeanor. I hope she learns her lesson from all this.

- Carl

 

[scaredandalone]

Make daughter responsible for her actions

And maybe next time she will think before she takes something that doesnt belong to her.If they do fine her, make her work it off, doing chores around the house, and if she babysits, turning her babysitting money over to you untill the fime is paid off. Same with her allowance( if she gets one)

 

[rmet4nzkx]

And maybe next time she will think before she takes something that doesnt belong to her.If they do fine her, make her work it off, doing chores around the house, and if she babysits, turning her babysitting money over to you untill the fime is paid off. Same with her allowance( if she gets one)

Kelly,
Please read both the post(question) and any other responses. Carl gave the correct answer and citation, there was no reason for you to ramble on.

 

[lbs2005]

Thank you everyone. I do believe she has learned her lesson. She is really ashamed of herself. She is already working off the $25.00 to me that I sent to the school for restitution in extra chores. Once I know the fine with the courts, she will also be working that off. On top of that, she is on restriction until she has worked off all that she owes me. Besides the money that I sent to the school today, she wrote an apology to the girl she took money from, and to the Dean.

 

[BelizeBreeze]

What is the name of your state?California

Hi. My 12 year old daughter was caught violating penal code 490.1 for taking $25.00 from someone at school. It is her 1st offence. She has a court date in January, but what is going to happen is eating her up. She is ashamed of what she did, and she is terrified that she will be taken away from me. Could you tell me what the possibilities are for her punishment? The only good thing that has come from this is that I don't believe that she will ever do this again. Thank you.

My daughter pulled the same thing at age 10.

Not only did she get the restriction and payback of the fines and monies to the person from whom she stole, including a written apology handed, in-person to the victim, she did six months at the local church soup kitchen to seep people worse off than she thinks she is.

Daddy don't play.

two years and not one problem

 

[stealth2]

Thank you everyone. I do believe she has learned her lesson. She is really ashamed of herself. She is already working off the $25.00 to me that I sent to the school for restitution in extra chores. Once I know the fine with the courts, she will also be working that off. On top of that, she is on restriction until she has worked off all that she owes me. Besides the money that I sent to the school today, she wrote an apology to the girl she took money from, and to the Dean.

Good job. Kids do stupid stuff - I think we can all agree to that. It's when their parents don't recognize the potential future actions and try to get them off/excuse the behavior that things get dicey.