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    mike05's Avatar
    mike05 Posts: 1, Reputation: 1
    New Member
     
    #1

    Dec 6, 2010, 07:51 PM
    Trespassing and negligence
    My 15 year old son was arrested for trespassing in an abandoned hospital. He and his friends wanted to explore the floors of this abandoned building for fun. The fence surrounding the building has holes in it and it is not well maintained. In fact, that is why the police periodically enter inside to look for trespassers. Is the city or owner of the property negligent in this case for not maintaining the fence and in a sense enticing young kids to enter the property?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Dec 6, 2010, 09:01 PM

    Hello m:

    What's your question? Should the cops have busted your son? No. But, given that they did, he's probably guilty. They'll probably slap him on the wrist and give him a few months probation... He won't have a record...

    Or, you could hire an attorney and fight...

    excon
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Dec 6, 2010, 11:28 PM

    Let me see if someone came in and robbed your home, would you be at fault if you forgot to lock the door ?

    You want someone to feel that the city or owner of the property is somehow the real criminal for not keeping a good fence to stop someone from breaking the law ?

    If you were not serious ( guess you are) I would be laughing at this.

    He is guilty, he was aware that he was not suppose to be going there and had no legal right.

    But what the heck, if that is the only defense he has, go for it
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #4

    Dec 7, 2010, 05:01 AM

    As long as there were clear signs that state No Trespassing your son had no business following the "enticement". Even if not, holes in a fence do NOT constitute permission to enter.

    Your son needs to man up and take responsibility for his actions and you need to stop trying to find excuses for him.

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