| (1) |
A parent or guardian with legal custody of a minor is liable for damages sustained to property not to exceed $2,000 when:
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Terms Used In Utah Code 80-6-610- Adjudication: means a finding by the court, incorporated in a decree, that the facts alleged in the petition have been proved. See Utah Code 80-1-102
- Conviction: A judgement of guilt against a criminal defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: means a person appointed by a court to make decisions regarding a minor, including the authority to consent to:
| (b) | enlistment in the armed forces; |
| (c) | major medical, surgical, or psychiatric treatment; or |
| (d) | legal custody, if legal custody is not vested in another individual, agency, or institution. See Utah Code 80-1-102- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Legal custody: means a relationship embodying:
| (a) | the right to physical custody of the minor; |
| (b) | the right and duty to protect, train, and discipline the minor; |
| (c) | the duty to provide the minor with food, clothing, shelter, education, and ordinary medical care; |
| (d) | the right to determine where and with whom the minor shall live; and |
| (e) | the right, in an emergency, to authorize surgery or other extraordinary care. See Utah Code 80-1-102- Minor: means , except as provided in Sections 80-6-501, 80-6-901, and 80-7-102:
| (b) | an individual:| (i) | | (A) | who is at least 18 years old and younger than 21 years old; and |
| (B) | for whom the Division of Child and Family Services has been specifically ordered by the juvenile court to provide services because the individual was an abused, neglected, or dependent child or because the individual was adjudicated for an offense; |
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| (ii) | | (A) | who is at least 18 years old and younger than 25 years old; and |
| (B) | whose case is under the jurisdiction of the juvenile court in accordance with Subsection 78A-6-103(1)(b); or |
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| (iii) | | (A) | who is at least 18 years old and younger than 21 years old; and |
| (B) | whose case is under the jurisdiction of the juvenile court in accordance with Subsection 78A-6-103(1)(c). See Utah Code 80-1-102- Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
- Property: includes both real and personal property. See Utah Code 68-3-12.5
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| (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 or against a motor vehicle, bus, airplane, boat, locomotive, train, railway car, or caboose, whether moving or standing; or |
| (c) |
the minor intentionally and unlawfully tampers with the property of another and thereby recklessly endangers human life or recklessly causes or threatens a substantial interruption or impairment of any public utility service. |
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| (2) |
A parent or guardian with legal custody of a minor is liable for damages sustained to property not to exceed $5,000 when the minor is adjudicated for an offense under Subsection (1):
| (a) |
for the benefit of, at the direction of, or in association with any criminal street gang as defined in Section 76-9-802; or |
| (b) |
to gain recognition, acceptance, membership, or increased status with a criminal street gang. |
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| (3) |
A juvenile court may make an order for restitution under Subsection (1) or (2) to be paid by the minor’s parent or guardian if the minor is adjudicated for an offense. |
| (4) |
As used in this section, property damage described under Subsection (1)(a) or (c), or Subsection (2), includes graffiti, as defined in Section 76-6-101. |
| (5) |
A court may waive part or all of the liability for damages under this section by the minor’s parent or guardian if, after the minor is adjudicated, the court finds, upon the record:
| (b) |
the parent or 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 agency having primary jurisdiction after the parent or guardian knew of the minor’s unlawful act. |
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| (6) |
A report is not required under Subsection (5)(b) from a parent or guardian if the minor was arrested or apprehended by a peace officer or by anyone acting on behalf of the property owner involved. |
| (7) |
A conviction for criminal mischief under Section 76-6-106, property damage or destruction under Section 76-6-106.1, criminal trespass under Section 76-6-206, or an adjudication under Section 80-6-701 is not a condition precedent to a civil action authorized under Subsection (1) or (2). |
| (8) |
A parent or guardian is not liable under Subsection (1) or (2) if the parent or guardian made a reasonable effort to supervise and direct the minor, or, in the event the parent or guardian knew in advance of the possible taking, injury, or destruction by the minor, made a reasonable effort to restrain the minor. |
Amended by Chapter 111, 2023 General Session
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