Candy Crimes

The Advocate reported that two eleven year old boys were approached on Halloween by three other young boys. One of the three approaching boys, age twelve, “carried a BB-gun and told the two 11-year-olds to give up their candy.” The eleven year olds did not have any candy, and a twelve year old shot one eleven year old in the back and missed hitting another. The child with the BB-gun was charged with second-degree assault, criminal attempt at first-degree robbery, possession of a facsimile firearm and two counts of risk of injury to a minor.

By no means do I condone this child's behavior. What he did was wrong and should be punished. That being said, apart from the fact that a twelve year old has been charged with several felonies (crimes for which one can serve more than a year in jail), the following thoughts occur to me.

The only definitions of second degree assault that could apply to this child would require that he: (1) With intent to cause serious physical injury to another person, he causes such injury to such person or to a third person; or . . . (3) he recklessly causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument… Conn. Gen. Stat. sec. 53a-60.

There’s an enhancement for the same offense with a firearm, but you have to meet one of these definitions first. So which one applies? Can you intend serious physical injury with a BB-gun? My friend’s brother hit me in the foot with a BB-gun once when I was about this age. It stung a little, but it certainly didn't cause serious physical injury. I know BBs can cause serious harm to one's eye, but there's no indication that this is specifically relevant here. Is a BB-gun a deadly weapon or a dangerous instrument? Is a BB-gun hit to the back a serious physical injury?

And first degree attempted robbery requires (in relevant part) that during an attempted robbery, the person: (1) Causes serious physical injury…; or (2) is armed with a deadly weapon; or (3) uses or threatens the use of a dangerous instrument; or (4) displays or threatens the use of what he represents by his words or conduct to be a pistol, revolver, rifle, shotgun, machine gun or other firearm… Conn. Gen. Stat. sec. 53a-134.

Again, is a BB-gun a deadly weapon or a dangerous instrument? Is it a “firearm?”

And what exactly is involved in the crime of “possession of a facsimile firearm?” Are you guilty if you own a water gun? What about a stick shaped like a gun that your kid uses for "cops and robbers?"

Perhaps most surprising is that a twelve year old has been charged with “risk of injury to a minor.” Can a twelve year old "risk injury" to an eleven year old? There are good and important anti-bullying measures being pursued in and out of schools, but are felony charges the right answer for punishment of pre-teens? Felony records can be an impediment to success (jobs, home ownership, etc.) for the rest of one's life.

I don't have the answers, but I certainly have questions. I'd welcome your input.