What to Do if Your Child is Accused of a School Shooting

 Posted on September 26, 2024 in Criminal Defense

Two separate cases this year illustrate an issue that is becoming more and more frequent: Parents who are implicated in their child’s behavior when that child commits an extreme act of violence. In both of these cases - one in Texas, one in Michigan - a teenager killed people at school using weapons they allegedly had access to because of their parents.

These cases were not the same, nor were their outcomes. In the Texas case, which was a civil case, the parents were not found negligent for allowing their son to access their guns. The Michigan case, however, was a criminal case, and the parents were found criminally liable for giving a gun to their child, who, the prosecutor argued, was clearly a risk to others. The parents were sentenced to at least 10 years in prison.

Despite their differences, that these cases both happened within a few months of each other suggests that we are going to keep seeing more and more of these as prosecutors and families of those killed in school shootings try to hold parents responsible. This may be especially true in Texas, where guns are part of mainstream culture, and many parents trust their teenage children with access to weapons.

Suppose you are a parent whose child has been accused of any act of violence, including school shootings, bomb threats, swatting, and more. In that case, you need to make sure you have an experienced, aggressive Texas criminal defense attorney on your side as soon as possible.

Are Parents Responsible for a Texas Teenage School Shooter? 

The first question on many parents’ minds - including those who may be wondering whether their children are struggling with mental illness and could present a threat - is whether parents can indeed be held criminally responsible for a child’s acts of violence.

As with any criminal case, the answer to this question depends on the circumstances of the case. However, under Texas law, it is a crime to allow a child under the age of 17 to access a "readily dischargeable firearm" without adult supervision except for certain circumstances, including: 

• The gun is being used for sporting, hunting, or another legal purpose with the supervision of someone older than 18 (this person does not have to be a family member)
• The gun is being used for the legal defense of a person or property 
• The child accessed the gun illegally, such as by trespassing 

Allowing a child access to a gun in this way is a Class A misdemeanor if the child shoots the gun and kills or seriously injures himself or anyone else - even if it was an accident. Even if no harm comes to anyone, allowing a child to access a loaded gun unsupervised is a Class C misdemeanor.

A gun is considered "readily dischargeable" if loaded, even if a bullet is not in the chamber. Adults are expected to secure firearms and not leave them in places where they should know that children can access them.  

Are Parents Responsible for a Teenager Making a Bomb Threat in Texas? 

Making school threats of any kind is against the law, whether it is a shooting threat, a bomb threat, or anything else. Threats can be made via: 

• Writing
• Social media posts
• Pictures, including drawings and photos
• Statements in person or over the phone

No matter how the threat is made, even if it is vague rather than targeting a specific person, and even if the person making the threat has no actual way to commit the threatened act, it could be prosecuted as a crime. Even making a false claim that results in police believing someone else is going to carry out a violent threat so that the police visit that person’s home or school—commonly known as "swatting"—is against the law.

How these crimes are prosecuted depends greatly on the circumstances, but here are a few examples. If a 17-year-old child calls in a hoax bomb threat, he or she could be prosecuted as an adult and face Class A misdemeanor charges. Likewise, if an 18-year-old senior in high school makes a bomb threat that forces the school to cancel classes and police to arrive at the school, he or she could also face a Class A misdemeanor. Even a threat that may seem not at all serious to a student, which results in the school being evacuated, could be prosecuted as a Class B misdemeanor.

That being said, threats that do not involve the actual handling of weapons are not going to result in criminal parental prosecution (although a child’s malicious or negligent conduct that results in property damage could result in a successful civil lawsuit).

Questions? Contact a Plano, TX School Shooting Lawyer Right Away

Whether it is you or your child who is facing serious criminal charges, you need a Collin County, TX criminal defense attorney who is not afraid of prosecutors and believes in the Constitutional rights of every client. Call The Crowder Law Firm, P.C. today at 214-544-0061 to schedule a free consultation and learn about the kinds of cases we have successfully handled. These include serious criminal charges, as well as high-profile cases that receive extensive news coverage. We protect our clients and fight for their present and future. Call us now.