78A-6-1113 - Property damage caused by a minor -- Liability of parent or legal guardian -- Criminal conviction or adjudication for criminal mischief or criminal trespass not a prerequisite for civil a
78A-6-1113. Property damage caused by a minor -- Liability of parent or legalguardian -- Criminal conviction or adjudication for criminal mischief or criminal trespassnot a prerequisite for civil action under chapter -- When parent or guardian not liable.
(1) The parent or legal guardian having legal custody of the minor is liable for damagessustained to property not to exceed $2,000 when:
(a) the minor intentionally damages, defaces, destroys, or takes the property of another;
(b) the minor recklessly or willfully shoots or propels a missile, or other object at oragainst a motor vehicle, bus, airplane, boat, locomotive, train, railway car, or caboose, whethermoving or standing; or
(c) the minor intentionally and unlawfully tampers with the property of another andthereby recklessly endangers human life or recklessly causes or threatens a substantialinterruption or impairment of any public utility service.
(2) The parent or legal guardian having legal custody of the minor is liable for damagessustained to property not to exceed $5,000 when the minor commits an offense under Section (1):
(a) for the benefit of, at the direction of, or in association with any criminal street gang asdefined in Section 76-9-802; or
(b) to gain recognition, acceptance, membership, or increased status with a criminalstreet gang.
(3) As used in this section, property damage described under Subsection (1)(a) or (c), orSubsection (2), includes graffiti, as defined in Section 76-6-107.
(4) A court may waive part or all of the liability for damages under this section by theparent or legal guardian if the offender is adjudicated in the juvenile court under Section78A-6-117 only upon stating on the record that the court finds:
(a) good cause; or
(b) the parent or legal guardian:
(i) made a reasonable effort to restrain the wrongful conduct; and
(ii) reported the conduct to the property owner involved or the law enforcement agencyhaving primary jurisdiction after the parent or guardian knew of the minor's unlawful act.
(5) A report is not required under Subsection (4)(b) from a parent or legal guardian if theminor was arrested or apprehended by a peace officer or by anyone acting on behalf of theproperty owner involved.
(6) A conviction for criminal mischief under Section 76-6-106, criminal trespass underSection 76-6-206, or an adjudication under Section 78A-6-117 is not a condition precedent to acivil action authorized under Subsection (1) or (2).
(7) A parent or guardian is not liable under Subsection (1) or (2) if the parent or guardianmade a reasonable effort to supervise and direct their minor child, or, in the event the parent orguardian knew in advance of the possible taking, injury, or destruction by their minor child, madea reasonable effort to restrain the child.
Amended by Chapter 331, 2009 General Session