Q: Is it illegal for a 12-year-old to kick and damage a door in CA?
In California, a 12-year-old kicked and broke my front door and its frame, and we filed a police report. The police mentioned it's not illegal, despite what I found saying otherwise. We also have a video of the incident, and we caught up with the child and their parent. The parent apologized and offered to pay for the damages. We are unsure if we should take further legal action. Was the child's action illegal, and what steps can we take if we decide to pursue this legally?
A: "The parent apologized and offered to pay for the damages." Unless there is more of a history, or you have a well founded fear of future actions, what more do you want than that? Accept full payment for all your damages, and resume your life.
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A:
Yes, when a 12-year-old kicks and damages your door in California, this action constitutes vandalism under California Penal Code Section 594, which applies to individuals of all ages including minors. The police officer's statement contradicts established California law, as minors can indeed be held legally responsible for property damage, though the juvenile justice system handles these cases differently than adult cases. The video evidence you possess strengthens your position substantially should you decide to pursue this matter further.
The parent's offer to pay for damages represents an informal resolution path that many property owners find satisfactory, as it provides compensation without involving lengthy legal proceedings. You could formalize this arrangement through a written agreement specifying the repair costs, payment timeline, and release of further claims once payment is complete. This approach acknowledges the wrongdoing while potentially being less adversarial than court proceedings, which might be appropriate given the minor's age.
Should you wish to pursue formal legal action despite the offer to pay, you have multiple options including filing a civil suit for property damage in small claims court (if under $12,500) or requesting that the District Attorney's office review the case for potential juvenile proceedings. The juvenile court system focuses primarily on rehabilitation rather than punishment, and the court might order restitution payments, community service, or counseling rather than detention for a 12-year-old with no prior record. Your decision should weigh factors such as the extent of damage, your relationship with the neighboring family, and your desired outcome beyond mere financial compensation.
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