What charges could be pressed againt me in a case involving three minors planning an then kicking a mascot in the balls.

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What charges could be pressed againt me in a case involving three minors planning an then kicking a mascot in the balls.

We are in high school. There was a mascot from the college and we wanted to make a funny video where we kick him in the balls. We looked for him, planned it, and did it, filmed it and now we are hearing from multiple creditable sources that the mascot is pressing charges. i am sure i am incorrect but i believe that because we are all under 18 that it will not amount to anything or it will be a small charge. Please help P.S. video is on youtube titles “Sasquatch Ball Squatch”

Asked on May 1, 2009 under Criminal Law, Washington

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

From the facts as you presented them I thought there might be some serious liabiltity issues.  However from viewing the video this looks to be a harmless prank.  Technically however the mascot could claim there has been an assault, which can be both a criminal and civil matter.  But again, from having seen the footage of this "assault", in my opinion, you don't have much to worry about at least at the criminal level.  I suppose the mascot could try to do something by way of a civil case but I can't see what real damages there would be.  Still in all  lawsuits have been made from less so if you do find yourself getting sued you will need to speak with an attorney.  The fact that you are under 18 doesn't necessarily insulate you from liabilbity here.

By the way, while I admit I did chuckle at the video DO NOT make this type of behavior a habit.  Next time things could easily escalate and you could find yourselves in real trouble not to mention that someone could be hurt.

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Teenagers under 18 can be prosecuted as adults in most states, and it is usually up to the prosecutor whether a case is handled that way, or as a juvenile court case.  It is not always better to be charged as a juvenile, especially on relatively minor charges;  if found guilty, you might be sent to a juvenile detention center rather than an adult prison, but for a longer time.

The video can be used as evidence against you!


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