While perusing news sites a few weeks ago, I came across a story that surprised me. In Superior, Colorado, two young children started a fire that severely damaged a duplex in the area and killed two dogs and a cat. It was reported that two children were playing with a lighter when the fire ignited practically destroying the house. What shocked me about this story was the Boulder District Attorney is considering charging the parents with Arson. Now, thinking about all the Arson statutes, I’m just not sure how they could get away with this. These parents, while responsible for the actions of their children, did not start or cause the fire. I could see the Larimer, Boulder, or Grand County DA charging them with Neglect or Misdemeanor Child Abuse, but Arson? Let’s look at the law and decide if the District Attorney has a legal leg to stand on.
Parental Responsibility Laws
Colorado has procedures written into the laws that allow for parents to be held responsible for their child’s actions. Parental Responsibility Laws C.R.S. 13-21-107 explains that a parent will be liable to pay for the damages caused by their children if those kids “maliciously or willfully damaged or destroyed property.”
Now, this makes sense. You are responsible for your children. If they cause property destruction or bodily injury to someone in Fort Collins, you have the financial responsibility to take care of the damages. It is your job to try and make things right, at least under Colorado law. But how can they charge you with the actual crime?
Arson?
[pullquote align=”right” textalign=”center” width=”30%”]Does it seem unjust to you that a parent would be charged with Criminal Arson for something their child did?[/pullquote]Whether it is First Degree Arson or Fourth Degree Arson, all the statutes have one thing in common: they define Arson as having an intent or committing a reckless act to start a fire. How can this apply to these parents when they didn’t set the fire? Well, if the Grand County District Attorney can prove that the reckless act was leaving the children home without supervision, leading to the fire being started, then they have their case. These parents could be facing prison time for these criminal charges. Does it seem unjust to you that a parent would be charged with Criminal Arson for something their child did? We think it’s unfair. These parents could end up with a criminal record for without even having considered committing a criminal act.
Why Get an Attorney for Your Criminal Arson Charges?
Whether facing charges for a crime you or your kids are accused of committing, it’s important to have someone on your side to defend you. You can be set free from your charges if you involve a criminal defense lawyer early. At the O’Malley Law Office, we care about our clients and will be by your side every step of the way.