Assault & Battery Kid Threw Urine onto Neighbor

[robh0502]

Jurisdiction

Arizona

Hi,
I live in Phoenix, AZ and a 6 to 8 year old kid in my neighborhood threw urine onto one of the other residents in our neighborhood. I was wondering what the legal implications would be for doing something like this. Could the boy who did this be arrested? The police were never called for the incident.

 

[adjusterjack]

I was wondering what the legal implications would be for doing something like this.

Arizona Revised Statute 12-661 holds the parents financially liable for the malicious or wilful misconduct of the child.

2019 Arizona Revised Statutes :: Title 12 - Courts and Civil Proceedings :: § 12-661 Liabilities of parents or legal guardians for malicious or wilful misconduct of minors

If the child's victim suffered an injury or damage to his/her property, the parents are liable.

Unfortunately, parents who raise nasty kids are often low lifes themselves (like my next door neighbors decades ago) so I wouldn't count on anybody collecting any money from them.

Could the boy who did this be arrested? The police were never called for the incident.

Then you can forget getting the police involved.

 

[mightymoose]

A police report could still be made after the fact of the victim wanted to do so.
This is a battery, a misdemeanor. No, the kid probably wouldn't be arrested, but at minimum it would begin a paper trail regarding his nasty behavior.
However the matter would be handled it would almost certainly be done out of custody.

 

[Tax Counsel]

Hi,
I live in Phoenix, AZ and a 6 to 8 year old kid in my neighborhood threw urine onto one of the other residents in our neighborhood. I was wondering what the legal implications would be for doing something like this. Could the boy who did this be arrested? The police were never called for the incident.

The youngest age that a kid can be held delinquent (which is how criminal matters for minors are handled) in Arizona is 8. So if the kid was under 8 there won't be any arrest or charges. Even if the kid is 8 years old that's unlikely.

At 8 years old it would also be difficult to sue the kid for damages. First there is the problem of proving the kid had the level of maturity to be liable for that kind of conduct and second the kid likely has no assets from which to collect any judgment.

However, his parents might be sued based on their failure to exercise appropriate oversight. An important issue, though, is what damages the person suffered from the conduct. Apart from it being gross and perhaps damaging clothes, were there any other damages from this? If not, then there isn't much to sue for here.

 

[zddoodah]

a 6 to 8 year old kid in my neighborhood threw urine onto one of the other residents in our neighborhood.

How many of "the other residents"?

I was wondering what the legal implications would be for doing something like this. Could the boy who did this be arrested? The police were never called for the incident.

If the police are never called, then no arrest will occur. If you want to know what your local police might do if they are called about something like this, give them a call and ask. No one here can intelligently predict how some unknown police officers might react based on an incomplete hypothetical situation.