Legal Question in Criminal Law in California

Re: Boy's internet prank on my daughter resulted in stranger coming into our hom

How about we start with conspiracy to commit a felony [burlary, assault, rape, etc]; then move on to the potential civil case regarding the liability of the boys and their parents for such things as invasion of privacy, intentional infliction of emotional distress, etc. If it were my family and household, I would not take this lightly. If you are interested in pursuing the matter, feel free to contact me.

Re: Boy's internet prank on my daughter resulted in stranger coming into our hom

Thank you very much for your posting and your inquiry.

Did you report this to the police? They will make an investigation and decide what charges to recommend, and the prosecutor in your area will have the final say as to the charges actually filed, based upon the facts as relayed in the police report.

Theoretically, conspiracy to commit statutory rape or burglary come to mind, attempted vandalism, harassment, burglary or rape, but you should report this to the police if you desire criminal prosecution.

I hope that this information helps you, but if you have further questions, want more information, or feel that you need legal representation, please feel free to email me directly at [email protected]. It's my pleasure to assist in any way that I can.

We typically can handle this for you under a flat fee agreement, and can represent you in this matter. If you want legal representation please email me or call our toll free number, (877) 568-2977, for an appointment, or I can send you all the documents you'll need to get started via email, mail, or fax. Thanks again, and I look forward to helping you in any way that I can!

Re: Boy's internet prank on my daughter resulted in stranger coming into our hom

I'm afraid I don't agree with everything Mr. Miller or Mr. Nelson have said. The facts that you have provided do not say that the intruder knew your daughter was underage; for all we know he thought he was meeting an adult. Further, he evidently believed he was there for a consensual encounter. I therefore don't see how conspiracy to commit rape or statutory rape would be applicable here. I also don't see how vandalism is implicated if there was no reason to believe the intruder would damage your property.

The intruder evidently didn't commit burglary either, since it seems he reasonably believed he had permission to enter. The two boys might have committed conspiracy to commit burglary, since they set the process in motion with the knowledge that the intruder would enter without actual permission.

As Mr. Miller points out, the police and the prosecutor will make the final call regarding criminal charges. On the civil side, you and your daughter could probably sue the boys' families for trespass, invasion of privacy and intentional infliction of emotional distress. Unless their families have assets, though, such a suit may not be worth pursuing.

There is another point I feel I should raise. At the risk of sounding overly cynical, it seems like a remarkable coincidence that your daughter just happened to forget to lock the back door *and* just happened to be in the family room at 1:30 a.m. on the night that this man came into the house. Also, your question does not specify *who* told the intruder he was in the wrong house; did your daughter tell him this or did another family member come into the room? Did your daughter seem genuinely frightened by the incident?

I don't know the individuals involved, but the truth here may be a bit different from what you have been led to believe. If the police start investigating or if the boys find themselves headed for court, they may start to tell a very different story in which your daughter was a willing participant and they were just covering for her. Even if it isn't true, that might be the defense they try to present. Many parents in your situation would presume that their daughter was not involved, but it might be worth exploring this possibility with her.

I know that what I have written may upset you, and I certainly don't mean to cause you further distress. Events probably did occur exactly as you explained, but it is possible that things here are not as they seem. A defense lawyer will likely see things this way, too.

If the defense lawyer makes this argument in court a year from now it may be hard to prove that your daughter is telling the truth. If there is corroborating evidence, you should keep it in mind now so that you have it available when and if you need it.

Good luck.