If a child keeps entering my property even after I've called the police, can I hit him?

Question

He's really getting on my nerves. He's like 14 and he thinks he's hot stuff. He wears baggy clothes and listens to 50 Cent.... He's white as could be. I guess he wants to perpetuate the rap = crime stereotype so he keeps entering my property and stealing things from my lawn. He even entered my house a couple times. The police have only spoken to him and, of course, he and his naïve parents deny everything. They think he's been in their house the whole time and they're very adamant about it.

So can I legally pop this kid in the face next time he enters my property? Would I be charged with abuse toward a minor?

If you're allowed to shoot someone for breaking in your house, why wouldn't I be allowed to smack this kid? He's had the cops called multiple times and they've warned him not to go near my house (much less break into it).

Somehow he's getting in even when I lock the door. I come home and things are missing. One time all my dresser drawers were pulled out. I can't afford a camera so that's not an option.

Oh, and his parents act as his alibi because they think he's asleep in his room. He sneaks out of the house. The police think I'm lying about this...

Answer 1

You're on very unstable ground here. If you weren't, this kid wouldn't be continuing his actions. If you hit him you can expect to be arrested. If you restrain him and call the police to get him there is a good chance that it will just be your word against his. The punk will just argue that you drug him onto your property.

Do you have the finances and ability to set up a video recording of him doing something? In my experience, the police are worthless for this type of thing. The way to get results is to get him on video and then file a law suit for monetary damages against his parents. If you go this route, make absolutely sure that the defendant's attorney gets to see your video before going to court. There are judges out there who are looking for any excuse to ignore evidence and kick your case out without taking the time to hear it. Read about "discovery" and make sure they have no way to claim your evidence is not legal.

Edit:
It sounds like you might live in Texas because you believe that you have the right to defend yourself. Most other states only protect criminals, not home owners. In California you can't shoot them unless you think they are going to kill you or your family. State law will be very important in how you handle this situation. I suggest you get some plastic zip-tyes otherwise referred to as ty-rap's and keep them handy to use as hand cuffs and leg cuffs. Loop two together and tighten them on his wrists. Then do the same with two more on his ankles. Then put him on his belly and put another around the ones on his hands and feet to hog tie him. Take pictures of him, then call the police. The pictures are to prove it wasn't you that gave him the big black eye he will sue you over. Demand that he be booked. If the police refuse, tell them that you will be in the department of internal affairs first thing in the morning. Then go through with it and report them for not booking the punk.

I had a punk shooting bottle rockets on my roof. His uncle was a cop, so the crooked cops did nothing but waste hours of my time. I have him on video getting them out of his moms trunk while she watched and shooting them off. The cops still ignored it. I took them to court for a restraining order and the criminal in a robe, Commissioner Allen, refused to allow me to show legally obtained evidence because the lives of my family aren't as important as his time was that afternoon (we were scheduled for 4 hours and he was turning red in the face because we took 10 minutes of his time doing things that should cost him his law license. He took direct measures to make sure our financial burden would keep us from returning to court. I was forced to move. My house payments are tripple what they were. My house is 50 years older and 300 square feet smaller. My property taxes went up by over 500%. I feel for what you are going through. I wish you could get away with pounding this punk, but I know you cannot.

Answer 2

My neighbor punched a neighbor kid in the face for trespassing and the kid gave him no more problems. If the punk kid in your situation gives you trouble and you hit him, though, he could say you hit him for no reason. You'll have no proof without witnesses.

I'd call the non emergency police and get some advice on the situation. Make some notes about the punk's activities and scribble down some questions you want to ask the police. Know your rights.

Answer 3

No, your best bet is not to hit him because they could see him as the victim. You should call the police again and tell them what's happening, get a security camera to film him and there is solid proof. Once he's in your house he's technically on your property so you can keep him there somehow..

Answer 4

If he enters your property, ask him to leave. If he doesn't leave, call the cops..

If he enters your house- thats a threat to your safety! I'd call the cops in a heartbeat!

I'd pop the kid in the face. I mean thats the only way the kid is going to learn. I mean the parents could file to charge you with assault, but if you've already called the cops on the kid, I seriously doubt they would go ahead with it.

In the end you need to make this decision. When you make it, you need to take responsibility for what you do, and have a good reason behind it IF you were to have to say it to a judge, the police, etc.

disclaimer-this is my opinion. I am not responsible for any and all actions you take.


good luck to you...

Answer 5

As desperately as you would like to give the kid a good pop, DON'T.

I agree with maybe videotaping the kid as this is occurring more and more. Try to safeguard your items as best as possible (even scratch in your name).

You could always purchase a fake video camera mount for the outside of your house as a deterrent on top of the real one you should keep handy.

How has he broken into your house? Literally breaking in or have you left a door unlocked? Honestly, maybe call the cops and tell them you need help in trying to get this stopped. Maybe they can suggest ways of better securing your property (plus they will see you are being proactive in getting this resolved).

Answer 6

If there are no witnesses.....what can he say....I personally would scare the **** out of the punk. I believe if you were home or came home and he was in your place you do have the right to physcially defend yourself, because you don't know if the intruder is underage or not...right???? Are you suppose to ask for an ID before you defend yourself???? Follow him and find him alone somewhere and scare him and let him know just as you found him alone this time, you will find him alone again if comes near your property one more time. Hmmm can I get in trouble for writing that???? I personally wouldn't do that, just a fantasy...right?

Answer 7

If it is a minor I wouldn't dare a physical altercation. A good guard dog would probably take care of the situation. Also videotaping the visits could help the cops enforce the situation since you'll have the tape before they get there.

Answer 8

You may use as much force as reasonably necessary to protect your property. You may never use deadly force. You cannot "pop" the kid for just entering your property as that would not be reasonable. Yes you will get in legal trouble if you do so. Better to call the police, get a restraining order, or file a law suit for damages.

Answer 9

In the great state of Texas, not only could you hit him, but you could shoot him right between the eyes, no questions asked. ON THE OTHER HAND, in the slightly less great state of Massachusetts, I heard a story about a man who shot (and killed maybe?) a robber who was burglarizing him. This homeowner was eventually charged with murder and sent to prison. How's that for justice?

My guess is that if you live below the Mason-Dixon line, fire away...

Answer 10

LOL! I'd say probably not---no matter how badly you want to, it's probably not a good idea. Now if you catch him red handed INSIDE your home, I think there is a law that allows you to shoot on sight. Laws vary from state to state, but it can not be pre-meditated.... so don't go around asking neighbors and stuff if they know if it's ok because that could be considered pre-meditated.