Legal Question in Criminal Law in North Carolina
A student threw away a tablet left on a lunch
table at school.
They were then
forced to dumpster dive to recover it.
Because it was not working at that time, they were accused of theft by the school, and suspended for 2 days.
Now the school says if it is not replaced, they will report the incident to the Sheriff.
What charges are possible in this case.
1 Answer from Attorneys
A lot depends on the age of the child. An elementary aged kid is likely not looking at too much trouble but a middle school or high school aged kid should have known to keep their mitts off of things that don't belong to them. Based on your description I don't think a theft or larceny charge will stick but a destruction / injury to personal property charge may be appropriate. I am concerned that the school is using the 'threat' of criminal charges to force replacement. While that is not necessarily illegal it is a jerk thing to do. However, on the other hand what the child did was also a jerk thing to do.
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