80-6-610. Property damage caused by a minor -- Liability of parent or guardian.

478 words·~2 min read·/ut/title-80/chapter-6/80-6-610

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/3/2023

(1)A parent or guardian with legal custody of a minor is liable for damages sustained 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 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.

(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.

(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:

(a)good cause; or

(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.

(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