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#270839 --- 01/06/06 11:04 AM Re: Changing the 16 law
senecagirl Offline
Senior Member

Registered: 07/22/05
Posts: 1197
Loc: SOMEWHERE!
I'm on third!
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Live is to short for hatred!

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#270840 --- 01/06/06 11:35 AM Re: Changing the 16 law
izzy Offline
Senior Member

Registered: 03/06/05
Posts: 2317
Loc: USA
I wrote an e-mail about changing this law and got back a commercial instead?
What a waste of time?

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#270841 --- 02/05/06 03:13 PM Re: Changing the 16 law
dwarren Offline
Senior Member

Registered: 01/20/03
Posts: 1542
Loc: West Seneca, NY
Quote:

Quote:

Its okay for her to hit me, but if we hit her, CPS is called------







If she is 16 she is old enough to be arrested:

NYS Penal Law 240.26
Harassment in the second degree.

A person is guilty of harassment in the second degree when, with intent to harass, annoy or alarm another person:
1. He or she strikes, shoves, kicks or otherwise subjects such other person to physical contact, or attempts or threatens to do the same;





Have her read this:

NYS Penal Law
Article 35.10 Justification; use of physical force generally.
The use of physical force upon another person which would otherwise constitute an offense is justifiable and not criminal under any of the following circumstances:

1. A parent , guardian or other person entrusted with the care and supervision of a person under the age of twenty-one or an incompetent person, and a teacher or other person entrusted with the care and supervision of a person under the age of twenty-one for a special purpose, may use physical force, but not deadly physical force, upon such person when and to the extent that he reasonably believes it necessary to maintain discipline or to promote the welfare of such person.




And for the run-a-ways:

135.30 Kidnapping; defense.
In any prosecution for kidnapping, it is an affirmative defense that
(a) the defendant was a relative of the person abducted, and (b) his
sole purpose was to assume control of such person.

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#270842 --- 02/05/06 03:57 PM Re: Changing the 16 law
dwarren Offline
Senior Member

Registered: 01/20/03
Posts: 1542
Loc: West Seneca, NY
And for those between 16 and 18 who do not go to school or the parent can no longer control themselves Family Court Act (PINS):

712. Definitions. As used in this article, the following terms shall
have the following meanings:
(a) "Person in need of supervision". A person less than eighteen years
of age who does not attend school in accordance with the provisions of
part one of article sixty-five of the education law or who is
incorrigible, ungovernable or habitually disobedient and beyond the
lawful control of a parent or other person legally responsible for such
child's care, or other lawful authority, or who violates the provisions
of section 221.05 of the penal law.

Police Authority to return run-a-ways Family Court Act

718. Return of run away. (a) A peace officer, acting pursuant to
such peace officer's special duties, or a police officer may return to a
parent or other person legally responsible for such child's care any
child under the age of eighteen who has run away from home without just
cause or who, in the reasonable conclusion of the officer, appears to
have run away from home without just cause. For purposes of this action,
a police officer or peace officer may reasonably conclude that a child
has run away from home when the child refuses to give his or her name or
the name and address of a parent or other person legally responsible for
such child's care or when the officer has reason to doubt that the name
or address given are the actual name and address of the parent or other
person legally responsible for the child's care.
(b) A peace officer, acting pursuant to the peace officer's special
duties, or a police officer is authorized to take a youth who has run
away from home or who, in the reasonable opinion of the officer, appears
to have run away from home, to a facility certified or approved for such
purpose by the office of children and family services, if the peace
officer or police officer is unable, or if it is unsafe, to return the
youth to his or her home or to the custody of his or her parent or other
person legally responsible for his or her care. Any such facility
receiving a youth shall inform a parent or other person responsible for
such youth's care.
(c) If a child placed pursuant to this article in the custody of a
commissioner of social services or an authorized agency shall run away
from the custody of such commissioner or authorized agency, any peace
officer, acting pursuant to his special duties, or police officer may
apprehend, restrain, and return such child to such location as such
commissioner shall direct or to such authorized agency and it shall be
the duty of any such officer to assist any representative of the
commissioner or agency to take into custody any such child upon the
request of such representative.

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