Kids and the Law by eldoradocf

KIDS & THE LAW AN A-TO-Z GUIDE

INTRODUCTION Your 14-year-old daughter is working long hours at her part-time job. Your 16-year-old son was caught drinking beer at a party. Your youngest child is in trouble for marking up a school wall with graffiti. Do you know how the law addresses such situations? Do you even know what is—and is not—against the law when it comes to your children?

This Presentation Will Cover

● ● ● ●

● Drugs & Alcohol ● Internet & Social Media ● Police Encounters Cars & Traffic Laws

School Rules Work and Work Permits Guns and Weapons

DRUGS

ALCOHOL AND

Other Possible Consequences: In California, courts can suspend a young person’s driver’s license for one year

What could happen if my child is arrested for drug possession? Face state charges for possession of a controlled substance. (HSC §§ 11053, 11350, 11377(a)) Possessing 28.5 grams of marijuana or less would be considered an infraction with a fine of up to $100. Escorted home to their parents or taken to a juvenile probation officer.

Possessing drug paraphernalia is against the law as well (HSC §§ 11364-65) When young people are arrested with more drugs than they could reasonably be expected to use themselves, they may be charged with possession with intent to sell drugs This is a felony. (HSC § 11351) Anyone under the age of 18 who induces another minor to violate certain laws related to controlled substances could wind up in state prison. (HSC § 11354)

THE

SOCIAL MEDIA

INTERNET AND

Is it ever illegal for an adult stranger to contact my child online? Yes, in certain circumstances. Example: an adult Online cannot send sexually explicit or obscene material to a child in an effort to seduce the child. It is also against the law for an adult with sexual motives to seek to Teens use this shorthand in seduce a child online or to arrange an in-person emails and text messages. If your child is solicited or sent obscene material online, contact local law enforcement and the 24-hour CyberTipline at 1-800-843-5678 or at cybertipline.com

Sexting POLICE

AND

POLICE ENCOUNTERS

Help your children understand their rights and responsibilities. Here are a few pointers for them in case they are ever approached, questioned or arrested by police:

Never struggle with police. Resisting arrest (PC § 148) or assaulting a police officer (PC §§ 241.4, 243) are separate and additional crimes. Respectfully decline permission to search. Children have the same protections as adults against unreasonable searches and seizures under the Fourth Amendment to the U.S. Constitution. Remain silent. When arrested, young people have the right to give only their name, address, parents’ names and phone numbers to police. Get your court date. When released, juveniles should find out when they are due back in court. Don’t talk about your case. Young people should avoid talking to anyone except their lawyer(s) or parent(s) about any criminal charges brought against them.

CARS

KIDS

AND

TRAFFIC LAWS Laws that Young Drivers Should Know Smoke-free cars and kids: It is now illegal to smoke inside a car if any of the car’s occupants are under 18. Reckless driving: California law prohibits driving a vehicle on a highway or in an off-street parking facility in willful or wanton disregard for the safety of others or property. Speed contests: Speed contests are against the law. Passengers in the trunk: Riding in the trunk of a car is illegal.

Cell phones and driving: It is against the law to use a cellphone while driving unless you are at least 18 and your cell phone is set up for hands-free use, or you are making an emergency call Littering and throwing objects at or from a vehicle: California law makes it a misdemeanor to throw anything at or from a moving vehicle Wearing headsets or ear plugs: Headsets or ear plugs in both ears cannot be worn while driving a motor vehicle or operating a bicycle. (VC § 27400)

SCHOOL RULES

Sexting SCHOOLS

AND What are the grounds for suspension?

When can a child be expelled from school?

Threatening to hurt someone, hitting another student, or getting caught with a gun (even a fake one), drugs or cigarettes.

**The school principal or superintendent must recommend expulsion**

Children also can be suspended for damaging school property, for using profanity. Disrupting school activities or willfully defying a teacher’s authority.

Can my child’s teacher use physical force to punish children? No. It is against the law for teachers or school administrators to use corporal punishment (hitting or slapping a student). However, school officials can use force to protect others or quell disturbances

- Causes serious physical injury to another, except in self-defense. - Possesses a firearm, knife or other dangerous object at school. - Sells a controlled substance - Commits robbery or extortion (blackmail).

WORK AND

WORK PERMITS

TAXES Children who are 14 years old and older may work on school days as well if they follow these rules: They work no more than three hours on a school day and no more than 18 hours in a school week. (Ed.C § 49116; Lab.C § 1391(a)(2)) They work no more than eight hours on a non-school day and no more than 40 hours in a non-school week. (Ed.C § 49112(c); Lab.C § 1391(a)(1)) From the day after Labor Day until midnight on May 31, their workday may not begin before 7 a.m. or end after 7 p.m. (Lab.C § 1391(a)(1)) From June 1 through Labor Day, their workday may not begin earlier than 7 a.m. However, it can end as late as 9 p.m. (Lab.C § 1391(a)(1))

GUNS AND

OTHER

WEAPONS

FIREWORKS

Fireworks

Under state law, cities and counties can adopt their own ordinances or regulations prohibiting or regulating the sale and use of fireworks. (HSC § 12541.1(b))

Important Firearm Rules: ●

It is illegal for a minor under age 16 to possess a handgun

●

Some types of firearms and firearm-related equipment are outright illegal, Example: Sawed-off shotguns, machine guns and any gun that has had its identifying numbers removed, as well as silencers

●

Simply exhibiting a weapon in a rude or angry way is a misdemeanor.

●

If a parent gives a gun to a minor or leaves it where the child could get it, and someone winds up injured or fatally shot, the parent could be liable for up to $30,00

●

It is a felony for any driver or motor vehicle owner to allow anyone to fire a gun from a vehicle.

●

Firing a gun—even a BB or pellet gun—in a grossly negligent manner that could result in injury or death is illegal. (PC § 246.3) © Tahoe Learning Haven, 2023

A LEGAL SURVIVAL GUIDE For When You Turn…

Moving Out & Renting

MUST A LEASE BE WRITTEN TO BE ENFORCEABLE? Yes, unless it is for less than one year.

ARE ALL RENTAL AGREEMENTS ALIKE? No! You might sign a lease for a specific time period. Or the landlord may rent the apartment to you on a month-to-month basis. Some cities have special ordinances limiting how much the rent can be raised and the situations in which a tenant can be evicted. WHAT ARE THE ADVANTAGES OF PUTTING IT IN WRITING? • Clear understanding of renter and landlord rights and obligations. • Some protection against dishonesty.

Landlords IS THE LANDLORD REQUIRED TO KEEP MY APARTMENT IN GOOD SHAPE?

CAN MY LANDLORD ENTER MY APARTMENT WITHOUT ASKING ME?

CAN MY LANDLORD EVICT ME?

The landlord’s general duty is to keep the premises in a “reasonable state of repair.”

Only in certain circumstances!

It depends on your situation. Do you have a lease? Are you renting your apartment monthto-month? Did you violate your rental agreement?

BUT if you damage something your on the line.

If conditions are so bad that the premises are “uninhabitable,” consult an attorney about possible claims against the landlord

1) Emergencies or unusual situations. EXAMPLE: A bathtub overflows the owner could check your apartment 2) 24-hour written notice. EXAMPLE: Showing the apartment to prospective tenants. Or an electrician checking the wiring. Any other such entry may be trespassing

Rental Leases

IF I SIGN A LEASE WITH THREE FRIENDS AND THEY MOVE OUT, DO I HAVE TO PAY THE FULL RENT OR ONLY MY SHARE?

It depends on what your lease says. You will probably have to pay the full rent. You would then have a claim against your friends and could sue them.

CAN A LANDLORD LEGALLY REFUSE TO RENT TO ME BECAUSE OF MY RACE OR DISABILITY?

No. It is against the law to discriminate in renting, leasing or selling housing on the basis of race, national origin, sex, marital status, color, religion, sexual orientation or disability. IF I BREAK A LEASE, CAN I BE SUED FOR?

• All unpaid rent.

• Any physical damage, including unusual cleaning expenses. • Advertising expenses and other costs of re-renting the apartment. kkkkkkkkkkkkkkkkkkkkkkkkk

• The landlord’s attorney fees, if the lease provides for it.

Money Matters

CONTRACTS Contract = an agreement between two or more competent parties. Can be oral or written. BREAKING A CONTRACT You could be sued and made appear in court If you lose your case you may pay the judgment plus interest or possibly side costs and attorney fees

WHAT HAPPENS IF YOU BREAK A CONTRACT BECAUSE YOU DIDN’T UNDERSTAND IT? Not understanding the contract you signed is generally NOT an excuse. You are responsible for understanding terms of a contract- SO ASK!

Do not sign a contract with blank spaces — fill them in or cross them out!! © Tahoe Learning Haven, 2023

Banking

WHAT SHOULD I ASK BEFORE OPENING A BANK ACCOUNT? ●

Interest rate, fees and services available on the account

●

Online banking

●

Minimum balance

●

Overdraft coverage and fee program

SPENDING MORE MONEY THAN IN YOUR ACCOUNT Declined transaction AND penalized an overdraft fee.

Overdraft fees apply to each and every transaction no matter how small!

Financial Literacy

WHAT IS A CREDIT REPORT? Its a summary of your debts and a history of how promptly you have paid your bills. Information comes from companies and public court recorders

HOW LONG DOES IT TAKE TO FIX BAD CREDIT? It depends on the severity. Files go back seven years You should obtain a copy of your report and review it for errors once a year.

WHAT IS COLLATERAL? An item of value that is accepted by a lender as backup payment if you stop making payments

Relationships Legally in CA there are two type of “love” contracts: Marriage and Domestic Partnership WHAT IS MARITAL PROPERTY?

WHAT IS A PRENUP AGREEMENT?

Marital property is community property

Prenuptial agreement or a Premarital agreement

All property, real or personal, acquired by a married person during the marriage while living in CA

Explains each spouses rights and obligations which can protect themselves and their things is divorce occurs

Crime & Consequences Miranda Warning: You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me

WHAT HAPPENS IF I AM ARRESTED? 1.

Searched, handcuffed and taken to police station

Given the Miranda Warnings

You do NOT have to speak to the police 1.

WHAT IF YOU DO SOMETHING ILLEGAL WITHOUT REALIZING IT? Ignorance of the law is NOT an excuse

Police CAN listen to your phone calls unless the call is to your attorney

Evidence & Warrants ARE THE POLICE ALLOWED TO LIE ABOUT EVIDENCE AGAINST YOU? YES. The can use strategies including: ● ● ●

●

Tricking or lying about DNA, witnesses, recordings Imply that needing an attorney implies your guilt Say that refusing to cooperate will hurt your case Ignore your request for an attorney

CAN THE POLICE SEARCH ME, MY HOME OR CAR WITHOUT A WARRANT? ONLY In certain situations: 1. 2. 3. 4.

If you are arrested If you give permission In an emergency If the police are trying to prevent the destruction of evidence

WHAT IF YOU THINK A COP IS MISTREATING YOU? Cooperate with the officer, you can seek lawful remedies LATER

Civil Laws & Lawsuits

WHAT IS A TORT?

The legal term for certain kinds of injuries or damage that could lead to a lawsuit

EXAMPLES OF TORTS

Negligent driving: Causing injury or damaging property Assault: Unlawfully attempting to touch or harm someone Battery: Intentionally touching another without their consent False Imprisonment: Keeping someone a place so that they can’t leave Defamation: An unlawful written or spoken attack on the good name of a person

TIME LIMIT FOR FILING A LAWSUIT? Generally two years for personal injury AND Three years for for damage to real or personal property

UNDERAGE DRINKING

ARE THERE LAWS THAT ADDRESS UNDERAGE DRINKING AT PARTIES?

IF I CALL 911 BECAUSE ONE OF MY FRIENDS NEEDS MEDICAL HELP AT A PARTY, COULD I BE ARRESTED FOR UNDERAGE DRINKING?

Yes. May be guilty of an infraction or a misdemeanor

No. If someone needs help call 911.

You may have your driver's license suspended

You can not be prosecuted if you stay at the scene until medical help arrives and cooperate with law enforcement.

Working & Taxes What taxes are taken out of my paycheck? State Taxes Federal Taxes

CAN YOUR EMPLOYER DEDUCT FROM YOUR PAYCHECKS? Yes. but only for certain purposes: ● ● ●

●

Tax Withholdings Union Dues Any losses caused by your dishonesty, willful misconduct or gross negligence Specific deductions that you gave written consent to