Can my 16 yr old brother be 'arrested' for smoking a cigarette in P.A ??

Question

In the state of Pennsylvania

My 21 yr old brother found my 16 yr old brother smoking a cigarette. The 21 yr old started to choke the 16 yr old to 'tell him where his pack was'. the 16 yr old said No and tried to run. The 21 yr old grabbed the 16 yr old and tried to drag him up the stairs.. the 16 yr old got away and called me (his older sister who is 2 hours away at school) for help. I called the police

The police talked to the 21 yr old, then told the 16 year old "If we have to come back here again, we'll arrest YOU for underage smoking"

I was FURIOUS. Since when is it ok for a 21 yr old to assault a minor, brother or not?! He has marks around his neck from being choked.

Did they give the 16 yr old an empty threat, or can they really arrest him? WHat about arresting the 21 yr old?!

Dont even ask about my mom. She was at a friends house at the time, and when she came home told me "she didnt want to get involved because everytime she goes out this happens and shes tired of not being able to have a life"

I'm only 20, but i wish i could legally adopt my brother to get him out of that house. My mom wont kick out the 21 yr old cause he pays her rent

And mind you, our father is IN jail serving a 20 yr sentence for child abuse.

YOU WOULD THINK MY FAMILY WOULD LEARN

the 21 yr old has been known to throw my brother into walls and wail on anyone he wants. Hes a marine a$$h0le.

And a 16 yr old boy does not call sobbing uncontrollably if it 'was not as dramatic'. My father used to do the same $h!t to him, and it probably brought on some scary flashbacks

THIS IS EXACLTY WHY AMERICAN TURNS THEIR CHEEKS WHEN CHILDREN GET ABUSED. YOU ARE THE JERKS I FOUGHT AGAINST TO GET MY FATHER IN JAIL

he could be doing crack or heroine or marijuana like YOUR kids are probably doing... if smoking is the worst thing is doing given his past i'll thank the lord

And yes, Stuart, i consider hand marks around his neck to be enough physical evidence thanks

Answer 1

I don't think they can arrest him.

Anyone can legally smoke, you just can't buy cigarettes until you are 18.

Answer 2

I'm sorry but It's wrong, really wrong to smoke when you are pregnant. I went cold turkey, it's hard I know but I just did it. Try and look at it from the other lady's point of view, she probably thinks your cousin is irresponsible for getting pregnant at that age (not that I agree with that at all!!) and then she's still being irresponsible by smoking. Smoking had a detrimental effect to the baby's placenta (that's the baby's oxygen and nutrient source). I got pregnant at a young age too (a long time ago) so I know what it's like. Good luck to your cousin

Answer 3

Ok here it goes! yes they can arrest the 16 yr old, but the brother of him can be arrested too. If u or the boy do not say aything then the police is not going to know that the 21 yr old tried to choke the 16 yr old. if u want for the 21 yr old to be arrested then speak up!

if u need more advice my email is [e-mail]

Answer 4

Clearly, the police didn't think the assault was worthy of further investigation, or they would have arrested your older brother on the spot.

And yes, a minor in possession of tobacco is against the law in Pennsylvania.

I suspect you got a very dramatic version of the events. You might want to look at the physical evidence to see if there really was any choking going on. 16 year olds tend to lean heavily on drama.

Answer 5

Let me get this straight. You have a problem with the 21yr old trying to kill the 16yr old quickly but you don't have a problem with the 16yr starting a habit that will lessen his life and most likely lead to a slow, horrible, painful death? No wonder your mother is tired.

I suggest you educate yourself on lung, mouth and throat cancer in teens and young adults. Make sure you get to see all the pictures and then make an effort to actually help your 16yr old brother NOT smoke instead of making excuses for him. You are not his mother, so if you can't be of actual help, then stay out of it.

Answer 6

hell no he shouldnt people in my town smoke and they are 12 What the **** is wrong with peopel its there choice god lisen to me no way should he go to gail not like he killed someone or smoked weed GOD

Answer 7

well really they can go after the perents,, and lock them up, younger age in jail, well i never heard of that just for smoking..

Answer 8

in the whole usa you can get arrested for sure