Can a POintentionally allow a law to be broken?

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Can a POintentionally allow a law to be broken?

My son was placed on the sexual predators list (basically he had sex with the future wife before she was 16), 18 years ago. A few months ago, he was placed on probation (he and his wife disagree occasionally). He’s been staying at my home (his dad) while they work out their differences. His probation officer told him he could not hand out candy this Halloween. She also told me the same thing during a home visit (where she saw the decorations). On Halloween night, he was arrested because of the decorations we had out. She had opportunities to tell us it was a violation, but she didn’t.

Asked on November 1, 2010 under Criminal Law, Wisconsin

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

So the assumption was that he was luring children to your door because you had out the decorations and that he gave out the candy even though she did not see it?  I would seek help from a criminal attorney in your area on this matter.  It seems to me that there was something either that went unsaid or misunderstood here.  It is true that the probability that children will come to your door increases with the hanging up of Halloween decorations and the thought of candy in the house, but it still seems to me that you need to be caught in the act in order to be charged with anything.  So I would get help.  Good luck. 


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