When kids do something bad—from skipping school, to shoplifting, to cyberbullying—many people, including state and local lawmakers, want to point the finger at their parents. Nearly all states hold parents liable (legally responsible) for their kids in civil court. But what about criminal liability? Can parents be punished for the crimes of their children?
What Are Parental Responsibility Laws?
The United States Supreme Court has ruled that parents have a fundamental right to raise their children without undue interference from the government. (Pierce v. Society of Sisters, 268 U.S. 510 (1925.) But that right isn't unlimited. The government can impose certain responsibilities on parents and legal guardians and consequences for failing to live up to their responsibilities.
Civil Liability for Children’s Acts
Most states hold parents civilly liable when their child intentionally damages property or causes personal injury. So, for example, parents are likely to be on the financial hook if their teen deliberately smashes a neighbor's window, but might not be if their three-year-old child accidentally breaks the window with a softball. Some states also hold parents liable when their children negligently (carelessly) cause harm, especially while driving a vehicle.
Most states put a dollar limit on the amount parents can be liable for the actions of their children. The unspoken purpose of parental responsibility laws is the hope that these laws will act as a deterrent against poor parenting, essentially scaring parents into paying attention.
Criminal Liability for Children’s Acts
Parents typically can't be criminally prosecuted for their children's acts simply because they are parents. Certainly, if the parent participates or encourages the act, the parent could be charged directly, as an accessory, or even as a co-conspirator. But such involvement is rare. More often, parents are unaware or unable to control their children's behavior. Can these parents be criminally charged?
Laws vary from state to state, but here are the types of criminal charges prosecutors might be able to bring in appropriate cases:
- Contributing to the delinquency of a minor (CDM) crimes. CDM laws are commonly used to prosecute parents criminally. These laws punish any adults, including parents, who cause or contribute to a child's criminal act. For example, a liquor store clerk or parent could be prosecuted for providing alcohol to a minor. Some states also apply CDM laws to parents who encourage their minor children to steal, let their kids break curfew, or fail to ensure that their kids go to school.
- Improper supervision laws. A few states punish parents for failing to supervise their children properly. For example, Louisiana's law makes a parent criminally liable if the parent allows a child to associate with certain people (for example gang members), enter places where the parent knows there is activity involving sex, drugs, underage drinking, gambling, or illegal weapons, or allows the child to be habitually absent or tardy from school or violate curfew. (La. Rev. Stat. § 14:92.2 (2023).)
- Firearm statutes. Many states require parents to secure their guns and ammunition, with resulting criminal penalties if they fail to do so. In some states, the parent would be charged with child endangerment for allowing a child to access a gun.
California’s parental responsibility statute is a model for many states. The statute originally only prohibited contributing to the delinquency of a minor, but lawmakers later added a second section requiring parents to "exercise reasonable care, supervision, protection, and control over their minor child." California makes it a misdemeanor (punishable by a fine of up to $2,500 and up to a year in jail, or a period of probation) for parents who fail to do their parental duty or encourage their children to commit acts that would bring them before the juvenile court system. (Cal. Penal Code § 272 (2023).)
How is Violation of Parental Responsibility Law Punished?
In most jurisdictions, a violation of a criminal parental responsibility law is a misdemeanor and the person charged faces up to one year in jail and a fine.
But many states, like California, allow parents to be sentenced to mandatory parenting classes and counseling instead of jail. Parental education, as opposed to incarceration, is more likely to address the problems parental responsibility laws are trying to solve.
Should Parents Be Legally Responsible for Their Kids' Serious Crimes?
The debate about the utility and fairness of holding parents responsible for their children's criminal acts gets more complicated as the seriousness of the acts increases. It's one thing to hold parents responsible for their child's vandalism, but what about murder?
Jennifer and James Crumbley: Parents of Michigan School Shooter Found Guilty of Manslaughter
In a first-of-its-kind prosecution, Michigan prosecutors held the parents of a school shooter criminally liable for their son's violent acts. In November 2021, Ethan Crumbley killed four students and wounded seven other people at Oxford High. His parents, James and Jennifer Crumbley, were each charged with involuntary manslaughter for giving their son a gun for Christmas while ignoring his mental health struggles. Attorneys for the parents argued that they couldn't have foreseen (anticipated or predicted) the school shooting and weren't responsible for it.
Jennifer Crumbley was tried first. On February 6, 2024, she was convicted of four counts of involuntary manslaughter, one count for each of the students who were killed by her son in 2021. James Crumbley was convicted on identical charges on March 14, 2024. Prosecutors portrayed Ms. Crumbley as a neglectful mother who ignored warning signs about her son's mental health and Mr. Crumbley as failing to secure the gun used in the shooting. The Crumbleys were sentenced to serve between 10-15 years in prison in April 2024. Ethan Crumbley was sentenced to life in prison without parole in December 2023 after he pled guilty to one count of terrorism causing death, four counts of first-degree murder, and 19 other charges related to the massacre.
Colin Gray: Father of Suspected School Shooter Charged With Second-Degree Murder in Georgia
In September 2024, around six months after the Crumbleys were convicted in Michigan, prosecutors in Georgia charged Colin Gray with four counts of involuntary manslaughter, two counts of second-degree murder, and eight counts of cruelty to children. Georgia officials said the charges were connected to allowing his 14-year-old son to possess an AR-15-style rifle. His son is alleged to have murdered four people (two students and two teachers) and wounded nine others at Apalachee High, outside of Atlanta. The investigation into the school shooting revealed that Gray and his son had previously been questioned by law enforcement about online threats the boy had previously made to commit a school shooting.
Gray faces a maximum of 180 years in prison if he is convicted of all charges. Legal experts—and parents—will likely be watching the case closely as a test of the emerging push to prosecute parents for mass shootings by their troubled children.
Robert Crimo Jr.: Father of Fourth of July Parade Shooter Pleads Guilty to Reckless Conduct
In November 2023, Robert Crimo Jr., the father of the young man accused of killing seven people and wounding dozens more at a Fourth of July parade in Illinois in 2022, pleaded guilty to misdemeanor reckless conduct. Crimo had agreed to sponsor his son's gun license in 2019 even though his son had made violent threats and had attempted suicide with a machete. As part of the plea agreement, Crimo will be on two years of probation, serve 60 days in jail, and complete 100 hours of community service. His son, Robert "Bobby" E. Crimo III, who was 21 years old at the time of the shooting, faces 117 criminal charges, including 21 counts of first-degree murder.
Talk to a Lawyer
If you're facing criminal charges, talk to a criminal defense attorney. If you have questions about parenting, reach out to the National Parent Helpline (1-855-427-2736) for support.