Minor in violation of curfew on his property My son, who is trying to do the right thing, asked if he could be in violation of a curfew if he was in my (his) front yard after the curfew began. Where does and does not count as an allowed area for the purpose of obeying curfew? We live in Montgomery County Texas.
No, the minor cannot be in violation either being on the property of residence or the sidewalk in front of that property. Montgomery County Curfew Law: Section 1-2 (Offenses): (a) A minor commits an offense if he remains in any public place or on the premises of any establishment within the unincorporated areas of the county during curfew hours. Section 1-3 (Defenses): (a) It is a defense to prosecution under Section 1-2 that the minor was: (1) Accompanied by the minor’s parent or guardian; (2) On an errand at the direction of the minor’s parent or guardian, without any detour or stop; (3) In a motor vehicle involved in interstate travel; (4) Engaged in an employment activity, or going to or returning home from an employment &gt;activity, without any detour or stop; (5) Involved in an emergency; (6) On the sidewalk abutting the minor’s residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the minor’s presence; (7) Attending an official school, religious, or other recreational activity supervised by adults and sponsored by Montgomery County, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by Montgomery County, a civic organization, or another similar entity that takes responsibility for the minor; (8) Exercising First Amendment rights protected by the United States Constitution, such &gt;as the free exercise of religion, freedom of speech, and the right of assembly; and (9) Married, had been married, or had disabilities of minority removed in accordance with Chapter 31 of the Texas Family Code. (b) It is a defense to prosecution under Section 1-2 (c) that the owner, operator, or employee of an establishment promptly notified the Montgomery County Sheriff’s Department, or the appropriate Constable’s office, that a minor was present on the premises of the establishment during curfew hours and refused to leave. Your property is not public, so you cannot be in offense of this ordinance being on your private property. You also cannot be in violation being on your sidewalk (or a neighbors sidewalk if that neighbor has not called police on the offender).
That is not a valid assumption. Many states have laws that let you presume someone is a threat to your life if they forcibly enter your house. Simple trespass on your land does not let you reasonably presume someone is a murderer. An autonomous killer drone is not a comparison you want to make: those may be illegal entirely, and are likely to seriously hurt any claim of justifiable force. “You forfeit your right to live when you set foot on my property” is not justifiable. If the dogs are trained to be a hazard to the community, that’s an argument in favor of having them confiscated and destroyed. Dogs are not people. Under normal circumstances, they cannot be protected under self-defense or the defense of others. Those doctrines only apply when a person is in danger. Deadly force is sometimes allowed to protect property, but this tends to be strictly limited. To start with, you can only ever use force to prevent illegal damage to property. If your concern is “this animal control officer will destroy my dogs within the scope of their duty,” that’s not protecting against an illegal use of force. Deadly force in defense of property is also normally limited to particular crimes that are inherently dangerous, like arson, robbery, or burglary. Even in Texas, simple theft only justifies deadly force during the nighttime. Deadly force is also not justifiable if there were reasonable other options. Shooting an animal control officer is unlikely to be the only way to temporarily stop them from destroying a dog. Threatening violence in order to influence a judge’s decision is terrorism. This hypothetical man is a terrorist. He may well find himself on death row for murder, but he’s also going to face separate charges for terrorism.
Let's deal with the somewhat misguided notion of "public space": what it means and what it doesn't: "publicly owned" is not equivalent to "public space" - Camp David is "publicly owned"; it is not "public space". "privately owned" can be "public space" - the publically accessible parts of shopping malls are privately owned public spaces. "public space" does not mean you have unconditional access. Access may be limited or subject to restrictions placed on it by whoever has lawful authority over it. For example, the aforementioned shopping mall is not public when the mall is closed, roads may be closed for maintenance, street festivities or emergencies etc. So: if you are in a place where you have permission of the lawful authority to be (public spaces give you this implicitly, private spaces require explicit permission), and the lawful authority has not placed restrictions on photography, and the subject does not have a reasonable expectation of privacy (like they would in a public toilet), and the subject matter is legal (e.g. considering restrictions on sexual or commercial activities), then you can take photographs.
Farmer's Market is private property, which means that the owner gets to set the rule according to which you are allowed to enter and remain on their property. There is no fundamental right to be in a business, either under the US Constitution or California's. While you have a constitutional right to put a soapbox on the public sidewalk and denounce or extol whatever you like, there is no such right on another person's property. You also have a right to express racially and sexually abhorrent content on the street. Your right to express your viewpoint ends at the store's doors. The manager has a property right to withdraw the implicit permission to enter and remain that is implicit in running a publicly accessible store. Your constitutional right to say whatever you want has to do with government action,not private action. You have no right to compel individuals to listen to your viewpoint on private property. It is a business decision, well within the rights of the property owner, for him to find your conduct unacceptable and grounds for expulsion. You do have a recourse: shop somewhere that doesn't care what you say to their customers.
Is entry into the yard subject to 24 hour notice? Most likely it is. Note that section § 47-8-3 defines both dwelling unit and premises. The latter encompasses the term &quot;appurtenances&quot;, which the Black's Law Dictionary defines, inter alia, as &quot;an adjunct; an appendage; [...] garden [...]&quot;. At least in the context of fenced backyard, the fact that § 47-8-3 defines dwelling unit and premises separately does not exclude &quot;premises&quot; from the scope of § 47-8-15. That is because the fence is &quot;a structure [...] or part of a structure [...] that is used as a home, residence&quot;. Indeed, the existence of the fence suggests that the backyard is intended for only that tenant's exclusive use/enjoyment, with the implications it has on tenant's privacy.
Close family members can stay as long as the tenant wants The tenant is entitled to "quiet enjoyment" of the property which includes living with their close relatives - spouse, de facto and children would all qualify; parents and siblings might as well. It doesn't matter if these people are children or adults. You cannot contract out of this as you are not allowed to discriminate in housing based on family situation. The tenant is also entitled to have non-relative house guests stay for as long as is reasonable. A month or so would be reasonable; longer than that and it starts to look like a sub-lease for which they would need your permission. There is generally a limit under texas law of 3 adults per bedroom but that doesn't seem to be an issue here. I also can't see where having a non-resident's mail delivered to the property is something you have a say about. I'd be very careful if I were you because it seems like you are on the wrong side of the law here.
This isn't about bullying at all, this is about Virginia being a "one-party" state. Virginia Law 19.2-62 outlines that: B.2 It shall not be a criminal offense under this chapter for a person to intercept a wire, electronic or oral communication, where such person is a party to the communication or one of the parties to the communication has given prior consent to such interception. However what is not said in the article is that the daughter didn't know that the recording device was in the backpack. This means that the mother did not get consent from either party being recorded (it isn't clear that a minor could give consent anyway), and is therefore in violation of 19.2-62. The (US) law has been quite clear on "two wrongs don't make a right", the mother was not getting satisfaction through other channels, but that does not mean she is right in violating the law in pursuit of justice. This is still very much in the early stages of this particular case, but I'm willing to bet that the mother will see very little if any punishment in this matter. As for why the DA doesn't prosecute the children (or their parents) for the bullying, this really depends on what kind of bullying is subject here. If the children are verbally bullying, this may not be a crime (yes, it is morally wrong, but may not be a crime). It isn't to say though that the children in this case haven't been reprimanded according to State law, at least the subject of the bullying has been moved to a different class as a result. Unless the bullying reaches a physical level, most State laws require the schools to deal with the bullying directly (through moving children to different classes, suspensions, expelling, etc), so the DA doesn't typically get involved until physical injury occurs.
The location of your residence entrance is irrelevant for the law, what matters most is your "street address", i.e. mailing address. That is the address (therefore city) that you use for voter registration, and basically how you identify "where I live". If you lives 5 miles out in the country in an unincorporated area, you'd still use Needles (e.g.) as you mailing address: but you would not be able to vote for a mayor of Needles, just based on your mailing address. Both municipalities might claim jurisdiction based on the physical location of the property, especially for matters of building code. It should not be possible for both municipalities to tax the full value of your property, but they could split the assessment proportionally. The cities themselves are not collecting the tax, the county is (though property straddling a county line raises an interesting question).