Legal Question in Criminal Law in Michigan

Re: Underage possesion of tobacco

This is a violation of MCL 722.642:

http://www.legislature.mi.gov/mileg.asp?page=getObject&objName=mcl-722-642

But the possession must be on a public highway, a street, alley, park or other land used for public purposes. If he was on purely private property or in a home, I do not think that he can be prosecuted.

Since he's a juvenile, this will be handled in the family court as a non-criminal delinquency case, not the adult district court (if he was 17). In most cases in my county, these cases are resolved with a diversion program that doesn't even result in a conviction (called an adjudication in juvie court), or a verbal warning, or some very minimal probation ... unless there are deeper-seated problems (like drug use).

If he wants to smoke, save it until he's 18 ... when he's legally old enough to make the choice. (But don't, please! He'll live longer and have lots more money for better things in life!)

As for the neighbor videotaping him, it's legal under these circumstances. My guess is that the neighbor has been having some problems with some "youths" (maybe smoking and littering on his property with cigarette butts and wrappers, or the like) and is tired of it. We see that with folks who live adjacent to some schools where kids go "off campus" (ie, right across the street) and sneak smokes, since they cannot do it on-campus. They make a terrible mess, and their loitering disturbs the neighbors.