80-6-610. Property damage caused by a minor -- Liability of parent or guardian.
(1) A parent or guardian with legal custody of a minor is liable for damages sustained to property not to exceed $2,000 when: the minor intentionally damages, defaces, destroys, or takes the property of another; the minor recklessly or willfully shoots or propels a missile, or other object at or against a motor vehicle, bus, airplane, boat, locomotive, train, railway car, or caboose, whether moving or standing; or the minor intentionally and unlawfully tampers with the property of another and thereby recklessly endangers human life or recklessly causes or threatens a substantial interruption or impairment of any public utility service.
(2) A parent or guardian with legal custody of a minor is liable for damages sustained to property not to exceed $5,000 when the minor is adjudicated for an offense under Subsection: (1) for the benefit of, at the direction of, or in association with any criminal street gang as defined in Section; or 76-9-802 to gain recognition, acceptance, membership, or increased status with a criminal street gang.
(3) A juvenile court may make an order for restitution under Subsectionorto be paid by the minor's parent or guardian if the minor is adjudicated for an offense. (1) (2)
(4) As used in this section, property damage described under Subsectionor, or Subsection, includes graffiti, as defined in Section. (1)(a) (c) (2) 76-6-101
(5) A court may waive part or all of the liability for damages under this section by the minor's parent or guardian if, after the minor is adjudicated, the court finds, upon the record: good cause; or the parent or guardian: made a reasonable effort to restrain the wrongful conduct; and reported the conduct to the property owner involved or the law enforcement agency having primary jurisdiction after the parent or guardian knew of the minor's unlawful act.
(6) A report is not required under Subsectionfrom a parent or guardian if the minor was arrested or apprehended by a peace officer or by anyone acting on behalf of the property owner involved. (5)(b)
(7) A conviction for criminal mischief under Section, property damage or destruction under Section, criminal trespass under Section, or an adjudication under Sectionis not a condition precedent to a civil action authorized under Subsectionor. 76-6-106 76-6-106.1 76-6-206 80-6-701 (1) (2)
(8) A parent or guardian is not liable under Subsectionorif the parent or guardian made a reasonable effort to supervise and direct the minor, or, in the event the parent or guardian knew in advance of the possible taking, injury, or destruction by the minor, made a reasonable effort to restrain the minor. (1) (2)