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Breaking down how parents can and can't be held responsible for their kid's crimes

However, Maryland authorities have other civil options including making parents pay restitution if their child damages someone’s property.

UPPER MARLBORO, Md. — Juvenile crimes, particularly carjackings, are skyrocketing in Prince George’s County, according to police stats, leading some residents to demand more accountability. 

At a public safety community meeting Wednesday, Prince George’s County Deputy Police Chief Vernon Hale said there were 3,487 car thefts across the county in all of 2022; as of Feb. 8, there have been 846 car thefts in 2023. 

"Most of that is being driven by this TikTok challenges with Kias and Hyundais," Hale said at the meeting. 

The crowd of bewildered parents, and even one county councilmember, said the parents should be held accountable for juvenile lawbreakers. So we took the question straight to the experts to learn if parents can be held responsible for the crimes of their children. 

THE QUESTION

Can a parent be criminally charged if their child commits a crime? 

THE SOURCES

THE ANSWER

This is false.

No. A parent cannot be criminally charged for crimes committed by their juvenile child. However, Maryland authorities do have other options for increasing accountability. 

WHAT WE FOUND

The Fifth Amendment of the Constitution protects parents from being criminally prosecuted for the crimes of a child, according to numerous Supreme Court opinions.

”The doctrine of personal guilt is one of the most fundamental principles of our jurisprudence," Justice William O. Douglas Wrote in the 1945 case Bridges v. Wixon. "It prevents the persecution of the innocent for the beliefs and actions of others." 

However, according to Maryland civil law, parents can be held financially liable for damages committed by their child and be forced to pay restitution up to $10,000; it would be up to victims to petition the court for that to happen. 

In addition, agencies such as the Maryland Department of Juvenile Services, or a prosecutor, can seek a Child in Need of Supervision petition or CINS, according to Braveboy. A judge could then force a parent to take specific actions to control their child, such as attending family counseling, putting the teen in a treatment program or even placing them in foster care. 

Such petitions are rarely used, according to Villamar, who said she can recall only a handful of such cases filed the past decade.

So we can verify that a parent will not be criminally charged for the actions of their child, but under Maryland law, they could be asked to pay restitution on damages done. 

   

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