What is the name of your state (only U.S. law)? Indiana
I'll try to keep this short. My 15-year old daughter has been seeing an 18-year old boy. I don't approve. She's with her mother every other week (we're divorced) and her mother allows it - maybe even encourages it.
At first, I thought I'd give her a little freedom, had the boy over, etc. But, he was rude and disrespectful and my daughter followed his lead - so I quit allowing her to hang out with him. And, I also think 15 is too young to date - she's rather immature any way.
Because of her grades and some poor judgment on my daughter's part,I took away her cell phone. She was always allowed to use the landline. Last week I discovered a cell phone in her room - provided by her 18-year old boyfriend. I also discovered explicit texts from her to him. Suggestive texts from him about "playing" and "putting his hands on her" and what parts he missed. There were also texts from him telling her about masturbating. And, suggesting to her that if she wanted to "remain innocent" she'd better stay away.
At any rate - I was very angry with my daughter for the sneaky behaviour and I was angry with the 18-year old for providing her with a phone. The age of consent in Indiana is 16.
I contacted the boy and told him I would like to talk to him - even perhaps give him an opportunity for a clean slate - and he could pick up his phone. He refused.
Shortly thereafter, his mother showed up demanding his phone or she would call the police and report me for theft. The police apparently advised her against coming to my house, but she did it anyway. I refused to give her the phone because I wanted to make sure I had a copy of everything that was in there. So, she called the police.
When the police arrived, the policewoman advised me to hold on to the phone and to take it to another officer (after the weekend) so he could look at what the phone contained. I followed her instruction. The officer told me the texts, etc. were not graphic enough (i.e. photos, etc.) to do anything more and that I had to return the phone.
The police would not allow me to leave the phone with them in order for the boy to pick it up from then.
I told the boy he could come pick up his phone - gave him some hours when I wasn't working. He refused to come to my house - said he'd been advised not to by his family.... So I offered to meet him in the parking lot of the police department at a specific time. He couldn't do that either. I showed up, but he never came and when I returned home - I had an email saying he couldn't be there. Since that time, I've been working.
I asked the boy to send me his mailing address so I could mail it to him registered mail. He refused to give me his address - saying the phone could be lost. He sent me long ranting emails about how stupid I am and told me I have to give the phone to my daughter to take to her mothers because he's going to see her then anyway. He's taunting. He also said if I didn't say I would do that he would call the police and "prosecute me for theft".
I'm not sure what to do here....I didn't take his phone to begin with - I found it in my house, in my 15-year old daughter's room. I have offered to meet him to give it to him and he refuses. I have offered to mail it. He refuses. He wants to just "show me" - the father of his 15-year old girlfriend - that he can do whatever he wants.
Can this really be considered theft? I'm tempted to just leave it on a park bench somewhere and tell him where it is. I am not willing to give it back to my daughter. In the meantime, his emails continue. Any advice would be greatly appreciated.
I'll try to keep this short. My 15-year old daughter has been seeing an 18-year old boy. I don't approve. She's with her mother every other week (we're divorced) and her mother allows it - maybe even encourages it.
At first, I thought I'd give her a little freedom, had the boy over, etc. But, he was rude and disrespectful and my daughter followed his lead - so I quit allowing her to hang out with him. And, I also think 15 is too young to date - she's rather immature any way.
Because of her grades and some poor judgment on my daughter's part,I took away her cell phone. She was always allowed to use the landline. Last week I discovered a cell phone in her room - provided by her 18-year old boyfriend. I also discovered explicit texts from her to him. Suggestive texts from him about "playing" and "putting his hands on her" and what parts he missed. There were also texts from him telling her about masturbating. And, suggesting to her that if she wanted to "remain innocent" she'd better stay away.
At any rate - I was very angry with my daughter for the sneaky behaviour and I was angry with the 18-year old for providing her with a phone. The age of consent in Indiana is 16.
I contacted the boy and told him I would like to talk to him - even perhaps give him an opportunity for a clean slate - and he could pick up his phone. He refused.
Shortly thereafter, his mother showed up demanding his phone or she would call the police and report me for theft. The police apparently advised her against coming to my house, but she did it anyway. I refused to give her the phone because I wanted to make sure I had a copy of everything that was in there. So, she called the police.
When the police arrived, the policewoman advised me to hold on to the phone and to take it to another officer (after the weekend) so he could look at what the phone contained. I followed her instruction. The officer told me the texts, etc. were not graphic enough (i.e. photos, etc.) to do anything more and that I had to return the phone.
The police would not allow me to leave the phone with them in order for the boy to pick it up from then.
I told the boy he could come pick up his phone - gave him some hours when I wasn't working. He refused to come to my house - said he'd been advised not to by his family.... So I offered to meet him in the parking lot of the police department at a specific time. He couldn't do that either. I showed up, but he never came and when I returned home - I had an email saying he couldn't be there. Since that time, I've been working.
I asked the boy to send me his mailing address so I could mail it to him registered mail. He refused to give me his address - saying the phone could be lost. He sent me long ranting emails about how stupid I am and told me I have to give the phone to my daughter to take to her mothers because he's going to see her then anyway. He's taunting. He also said if I didn't say I would do that he would call the police and "prosecute me for theft".
I'm not sure what to do here....I didn't take his phone to begin with - I found it in my house, in my 15-year old daughter's room. I have offered to meet him to give it to him and he refuses. I have offered to mail it. He refuses. He wants to just "show me" - the father of his 15-year old girlfriend - that he can do whatever he wants.
Can this really be considered theft? I'm tempted to just leave it on a park bench somewhere and tell him where it is. I am not willing to give it back to my daughter. In the meantime, his emails continue. Any advice would be greatly appreciated.