14 yr old pilot

Section 13A-8-11
Unauthorized use of vehicle; unlawful breaking and entering a vehicle.
(a) A person commits the crime of unauthorized use of a vehicle if:

(1) Knowing that he does not have the consent of the owner, he takes,
operates, exercises control over or otherwise uses a propelled vehicle; or

(2) Having custody of propelled vehicle pursuant to an agreement between
himself or another and the owner thereof whereby the actor or another is to
perform for compensation a specific service for the owner involving the
maintenance, repair or use of the vehicle, he intentionally uses or operates
it, without the consent of the owner, for his own purpose in a manner
constituting a gross deviation from the agreed purpose; or

(3) Having custody of a propelled vehicle pursuant to an agreement with the
owner thereof whereby it is to be returned to the owner at a specified time,
he knowingly retains or withholds possession thereof, without the consent of
the owner, for so lengthy a period beyond the specified time as to render
the retention or possession a gross deviation from the agreement.

(4) Unauthorized use of a vehicle is a Class A misdemeanor, except that if a
person by force or threat of force takes, operates, usurps or exercises
control over a propelled vehicle with an operator or one or more passengers
aboard he is guilty of a Class B felony.

(b) A person commits the crime of unlawful breaking and entering a vehicle
if, without the consent of the owner, he breaks into and enters a vehicle or
any part of a vehicle with the intent to commit any felony or theft. For the
purposes of this section, "enters" means to intrude:

(1) Any part of the body; or

(2) Any physical object connected with the body.

(3) Unlawful breaking and entering a vehicle is a Class C felony.


Section 13A-8-3
Theft of property in the first degree.
(a) The theft of property which exceeds two thousand five hundred dollars
($2,500) in value, or property of any value taken from the person of
another, constitutes theft of property in the first degree.

(b) The theft of a motor vehicle, regardless of its value, constitutes theft
of property in the first degree.

(c) Theft of property in the first degree is a Class B felony.

Taken from the State of Alabama website concerning laws in that state.
I sure ain't a lawyer but from the statutes I read these seem to be the most
likely charges...if a DA wants to get the kid. I am sure a good DA could add
another half dozen or so charges as well. So the taking of his mom's van
would be a Class A misdemeanor, the airplane however would be a Class B
felony. Of course his mom could refuse to press the theft charges for the
van, but it still leaves the young lad in a jam.

Patrick
student SPL
aircraft structural mech


"George Patterson" wrote in message
news:Sfpte.20872$ej1.16080@trndny09...
Larry Dighera wrote:

Which would those be?

Stealing an item worth over a certain amount of money is grand larceny.
I'm quite sure both the aircraft and the car qualify.

Section 13A-7-21
Criminal mischief in the first degree.
(a) A person commits the crime of criminal mischief in the first degree if,
with intent to damage property, and having no right to do so or any
reasonable ground to believe that he or she has such a right, he or she
inflicts damages to property:

(1) In an amount exceeding two thousand five hundred dollars ($2,500); or

(2) By means of an explosion.

(b) Criminal mischief in the first degree is a Class C felony.



Just another example of a felony he could in fact be chraged with,....like I
said a good DA can find alot of charges for something you and I would just
consider he did one thing wrong. Intent will play the major role on this
one. Guess it will be up to a DA to prove intent.



Patrick

student SPL

aircraft structural mech

On Sun, 19 Jun 2005 22:58:06 -0400, "W P Dixon"
wrote in
::

Just another example of a felony he could in fact be chraged with,...

That would only be true if the DA were able to show the 14 year old
had "intent to damage property."

That is exactly what I said Larry! I do believe I said it would be up to the
DA to prove intent.

Patrick
student SPL
aircraft structural mech

"Larry Dighera" wrote in message
...
On Sun, 19 Jun 2005 22:58:06 -0400, "W P Dixon"
wrote in
::

Just another example of a felony he could in fact be chraged with,...

That would only be true if the DA were able to show the 14 year old
had "intent to damage property."

W P Dixon wrote:

I sure ain't a lawyer but from the statutes I read these seem to
be the most likely charges...if a DA wants to get the kid.

What is likely to happen is that charges will be pressed in the case of the
plane. The mother is unlikely to press charges in the case of the van.
Considering the boy's age, if this is a first offense, he will probably be
remanded for counseling until he's 18. If he gets into trouble again before
that, he will probably wind up in juvenile detention, possibly with time to
serve as an adult. If he stays out of trouble, his record will be sealed. Again,
that's just what's likely in my opinion.

That doesn't change the fact that he's now a felon and he did that all by
himself. Nobody "made him one."

George Patterson
Why do men's hearts beat faster, knees get weak, throats become dry,
and they think irrationally when a woman wears leather clothing?
Because she smells like a new truck.

I have to agree with ya George.

Patrick
student SPL
aircraft structural mech

"George Patterson" wrote in message
news:rJqte.15136$Nx1.12513@trndny05...

What is likely to happen is that charges will be pressed in the case of
the plane. The mother is unlikely to press charges in the case of the van.
Considering the boy's age, if this is a first offense, he will probably be
remanded for counseling until he's 18. If he gets into trouble again
before that, he will probably wind up in juvenile detention, possibly with
time to serve as an adult. If he stays out of trouble, his record will be
sealed. Again, that's just what's likely in my opinion.

That doesn't change the fact that he's now a felon and he did that all by
himself. Nobody "made him one."

George Patterson
Why do men's hearts beat faster, knees get weak, throats become dry,
and they think irrationally when a woman wears leather clothing?
Because she smells like a new truck.

On Sun, 19 Jun 2005 22:47:13 -0400, "W P Dixon"
wrote in
::


(4) Unauthorized use of a vehicle is a Class A misdemeanor, except that if a
person by force or threat of force takes, operates, usurps or exercises
control over a propelled vehicle with an operator or one or more passengers
aboard he is guilty of a Class B felony.

the airplane however would be a Class B felony.

Read it again. I have seen no evidence that the 14 year old used
force in any way with regard to the aircraft.

I suggest you read it again...the felony aircraft theft is not in the same
statute as taking the car without permission, both statutes were posted. The
felony would be theft of something with the value of over 2,500 bucks.
Notice the values and the "or" in the statue. Doesn't say he has to meet all
of them just one part of it.

Patrick
student SPL
aircraft structural mech


"Larry Dighera" wrote in message
...
On Sun, 19 Jun 2005 22:47:13 -0400, "W P Dixon"
wrote in
::


(4) Unauthorized use of a vehicle is a Class A misdemeanor, except that if
a
person by force or threat of force takes, operates, usurps or exercises
control over a propelled vehicle with an operator or one or more
passengers
aboard he is guilty of a Class B felony.

the airplane however would be a Class B felony.

Read it again. I have seen no evidence that the 14 year old used
force in any way with regard to the aircraft.

On Mon, 20 Jun 2005 00:34:02 -0400, "W P Dixon"
wrote in
::

The felony would be theft of something with the value of over 2,500 bucks.

If you're referring to this:

Section 13A-7-21
Criminal mischief in the first degree.
(a) A person commits the crime of criminal mischief in the first
degree if, with intent to damage property, and having no right to
do so or any reasonable ground to believe that he or she has such
a right, he or she inflicts damages to property:

(1) In an amount exceeding two thousand five hundred dollars
($2,500); or ...

the DA would have to convince a jury that the 14 year old had *intent*
to damage the aircraft. I doubt that that was the 14 year old's
intent; after all, if he had wanted to damage the aircraft he could
have done so by means other than taking it aloft.

What motivation would the 14 year old have had to intend damage to the
aircraft? I find it far more likely, that he wanted to experience
flight not inflect damage.

I think it'd be a pretty stupid 14 year old that would think he could get
into a plane , with no training, and not cause any damage. The DA could very
well try to make that point in court and would probably be successful.
Though I did not find it in the Alabama laws I know that in TN, GA, and
KY theft of anything worth over 500 bucks is a felony. Since I could not
find it in black and white I did not mention it, but I am sure that will be
the case in Alabama as well..if I find anything on that line I will let ya
know
In Avweb article it says the van was stolen from the grandmother? Kid
may not be getting any of Granma's good down home cooking for awhile

Patrick
student SPL
aircraft structural mech
"Larry Dighera" wrote in message
...
On Mon, 20 Jun 2005 00:34:02 -0400, "W P Dixon"
wrote in
::

The felony would be theft of something with the value of over 2,500 bucks.

If you're referring to this:

Section 13A-7-21
Criminal mischief in the first degree.
(a) A person commits the crime of criminal mischief in the first
degree if, with intent to damage property, and having no right to
do so or any reasonable ground to believe that he or she has such
a right, he or she inflicts damages to property:

(1) In an amount exceeding two thousand five hundred dollars
($2,500); or ...

the DA would have to convince a jury that the 14 year old had *intent*
to damage the aircraft. I doubt that that was the 14 year old's
intent; after all, if he had wanted to damage the aircraft he could
have done so by means other than taking it aloft.

What motivation would the 14 year old have had to intend damage to the
aircraft? I find it far more likely, that he wanted to experience
flight not inflect damage.