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8 year old and criminal damage

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Hisbabygirl77

Senior Member
What is the name of your state? SC

My nephew is 8 years old. He is normally a really great kid never gets into trouble does excellent at school but lately due to some home problems (mom going through a divorce from 3rd husband) and so forth he has started acting out. Well he got mad because a neighbor was cussing at him and some other kids and went back and used a hammer and flattenend the mans tires and damaged his vehicle( I know I know terrible ). Well my sis in law is worried that because of it that he will be sent to juvenille detention.. Do they send children that age who have no past history of criminial behavor or bad behavior period to juvenille? what kind of punishment is he looking at? She also has NOT told the police that he admitted to it which well I totally dont agree with but anyway. Does anyone have any ideas of the possible reprecussions?
 


Perky

Senior Member
A quick look at the SC Dept of Juvenile Justice website shows that the minimum age for detention is 11 at the centers listed. You can check it out here:
http://www.state.sc.us/djj/facilities.htm

That doesn't mean that an 8 year old can't be sent to one. It only means that's what I googled and read. There may be more info available on the DJJ site.

My opinion is that your SIL should make her son own up to his mistakes. She should offer to pay for the repair of the car, and any other expenses that were incurred, then make her son work off the cost in chores. In fact, it might be a good lesson for him to do chores for the neighbor as well.

Also, and this is very important, she should get her son into counseling! An 8 year old who takes a hammer to anything besides a nail, is in serious need of help. A child that age knows right from wrong, and should be able to show A LOT more restraint.
 

Ohiogal

Queen Bee
The prosecution would have to be able to show that the 8 year old was competent to commit said crime and competent to stand trial -- most times that is hard to prove as 8 is relatively borderline. HOWEVER if he can and is found guilty he would be looking at fines/restitution, counseling and things of that nature. Most likely NOT juvenile detention of any kind. Mom should plan on ponying up serious money in restitution to the neighbor as well as serious counseling for her child before he gets older and really causes problems.
 

Hisbabygirl77

Senior Member
Thank you for your help and yes I agree with you all that she should make him own up to it. She is refusing to do so even though I told her she is teaching him to cover up his mistakes to not be responislbe for his actions and that lying to the police is ok but I cant make her do it. She did take him to a dr though and is getting him into counseling so that is good. Wouldnt the Dr be required to report it anyway? I dont know all I know is I am afraid for him when I see him go down this road at such a young age. Thanks again
 

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