Q: Two questions: First, can a parent be on the hook in California if their kid does something that hurts someone, or damages property? D.H., Long Beach Ron Sokol A: The short answer is that under California’s “parental responsibility law,” yes, a parent can have civil (such as, monetary liability), and under certain circumstances may face criminal charges for the misconduct of their minor child. Specifically, California Civil Code Section 1714.1 provides: “Any act of willful misconduct of a minor that results in injury or death to another person, or in injury to the property of another, shall be imputed to the parent or guardian having custody and control of the minor for all purposes of civil damages.”  A key phrase here is “willful misconduct,” which focuses on the minor doing something on purpose, as opposed to being negligent. The statute indicates the parent and child can be jointly liable for up to $25,000 for each of the child’s acts of willful misconduct, but this figure is subject to adjustment for cost-of-living increases every two years. There are other civil code provisions for specific child misconduct. Two examples:  Liability for the minor discharging a firearm, which you can find at Civil Code Section 1714.3; and parental liability for a minor’s culpable driving at Vehicle Code Sections 17707 and 17708. As to criminal matters: Under Penal Code Section 272, prosecution can be pursued if the parent reasonably should have known that the child was acting in a delinquent manner, or likely to act delinquently, but still failed to take action to discipline, supervise or control the child. Moreover, a parent can face criminal prosecution for contributing to the delinquency of the minor, which means directly or indirectly encouraging the child to engage in criminal conduct. Q: Second question: What is the punishment if a parent is found criminally liable for bad conduct of their kid? D.H., Long Beach A: Violations of the California parental responsibility criminal law are deemed to be misdemeanor offenses. If convicted, the parent can face a fine of up to $2,500 and/or as much as one year in county jail, or may be released on probation for a period not exceeding five months. In today’s climate, however, if a child engages in particularly heinous conduct for which a parent could have criminal fault, then punishment may exceed the limited misdemeanor parameters just described. For instance, under California Penal Code Section 27535, when a parent keeps a loaded firearm on premises under the parent’s custody or control, and the parent knows or reasonably should know a minor is likely to gain access to it, the parent may be guilty of a felony should the child use the firearm to cause death or injury to someone else (including even him or herself), unless the firearm was in a secure, locked container, or inoperable because of a locking device. Ron Sokol has been a practicing attorney for over 40 years, and has also served many times as a judge pro tem, mediator, and arbitrator.  It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered legal advice, let alone a substitute for actual consultation with a qualified professional. Related Articles News | Are bicyclists subject to the same rules as motor vehicle drivers? Ask the lawyer News | Can I get UFO records through the Freedom of Information Act? Ask the lawyer News | Am I liable for a slip and fall at a bowling alley? Ask the lawyer News | Who regulates our national parks? Ask the lawyer News | What is a liquor license and how do I obtain one? Ask the lawyer