Can Parents Be Charged for a School Shooting by Their Child?

 Posted on October 10, 2024 in Criminal Defense

As school shootings continue happening across the country, law enforcement and legislators have been trying to figure out ways to stop them from happening. One strategy has been to punish parents for their child’s crime, based on the idea that the fear of criminal charges could motivate parents to take more responsibility and take preventative steps.

A recent case out of Michigan in which the parents of a school shooter were convicted of involuntary manslaughter and sentenced to 10-15 years in prison has highlighted the developing trend to punish parents for their children’s actions. Their minor child was sentenced to life in prison without parole. While this is only the first time parents have been convicted for a school shooting that their child perpetrated, the case raises questions about the parents’ rights vs. their liability in such situations. Speak with a knowledgeable Chicago, IL criminal defense attorney to learn more.

What Is the Illinois Parental Responsibility Law?

According to Illinois law, parents or legal guardians can be held responsible for harm caused by their unemancipated child if he is at least 11 years old, has not yet turned 19, and lives with them. Parents are not automatically liable for their child’s harmful actions, and certainly not for anything the child did accidentally. However, if the child did something willfully with the intention of causing harm, the parents can face charges, too. In addition to any charges and resulting sentences, the parents can also be ordered to pay the plaintiff’s attorney fees.

Involuntary Manslaughter Charges

If parents have done something that led to their child carrying out a school shooting through negligence, they can be charged with involuntary manslaughter. This charge means that although they had no intention of killing anyone and did not cause the death directly through their actions, their recklessness or negligence enabled the killing. Criminal negligence claims require three factors:

• The person’s actions caused someone’s death
• His or her actions were dangerous or reckless
• He or she should have known that their actions could threaten lives

In the case of a school shooting, parents can demonstrate criminal negligence by failing to address their child’s mental health issues or giving their child access to a weapon.

Schedule a Free Consultation with a Cook County, IL Criminal Defense Lawyer

If you are concerned you might face legal consequences because of your child’s actions, speak with a Chicago, IL parental liability attorney to understand your options. At the Law Offices of James F. DiQuattro, we have experience helping clients navigate charges and legal proceedings and are committed to aggressively protecting your rights. When consequences can be so severe, you owe it to yourself to get reliable legal guidance. Call us at 312-627-9482 to schedule a consultation.