Weee Little Shenanigans!

St. Paddy’s Day

St. Patrick’s Day is this weekend and you may not realize the legal ramifications if you partake in some holiday traditions.

For example, if you plan to pinch someone, or catch a leprechaun to get wishes, then you need to be informed now before heading out on March 17th for your green beer and Shenanigans!

No green? Pinch your way to an assault!

You know the way it works; if someone isn’t wearing green, then they must be pinched! However, do you realize that pinching someone may open you up to criminal and civil liability?

I know it’s a buzz kill, but it’s true. Despite this being tradition,

pinching someone without their consent has legal ramifications. You commit an Assault if you intentionally or knowingly cause physical contact with another when you know, or reasonably should believe, that the other will regard the contact as offensive or provocative.

You can be prosecuted criminally for assault, which is a Class C Misdemeanor, or you can be sued civilly for damages. In essence, think twice before pinching.

—See Tex. Pen. Code § 22.01 (a)(3);

Leprechauns and Wishes!

The legend of the Leprechaun states that if you capture him, then he must grant you three wishes. The question is, can you legally enforce his wish granting? Can you even legally capture him? The answer: Probably not and definitely no.

The promise to grant wishes would be governed by contract law. To have a valid contract, two individuals must come to a mutual agreement to exchange something of value. However, any promise or agreement made under duress would be voidable. Capturing a Leprechaun and forcing him to grant you wishes would likely qualify as duress and allow him to void the wishes.

Kidnapping/False Imprisonment

This brings us to our next point. If you capture and hold a Leprechaun, without his consent, and demand your three wishes, then you could be criminally prosecuted for aggravated kidnapping, and sued civilly for false imprisonment.

Aggravated Kidnapping occurs if you intentionally or knowingly abduct another person with the intent of holding them for ransom or reward; which is a third degree felony.

—See Tex. Pen. Code § 20.04

False imprisonment occurs if you willfully detain someone, without their consent, and without authority of law. You could be liable for damages to the Leprechaun, as well as any damage or injury that occurs if he attempts to escape.

—See Sears, Roebuck & Co. v. Castillo, 693 SW 2d 374, 375 (Tex. 1985)

Luck o’ the Irish

For whatever reason you celebrate St. Patrick’s Day, go and enjoy it wisely and safely.  Of course, now that you’re informed of the legal pitfalls, you can celebrate without needing to rely on your four leafed clover to avoid visiting your attorney the next day!

--Authored by James R. Palomo, Esq.,

Matthew Harris Law, PLLC  - Civil Litigation Division

1001 Main Street, Suite 200, Lubbock, Texas, 79401-3309

Tel: (806) 702-4852 | Fax: (800) 985-9479

FrontDesk@MatthewHarrisLaw.com 

Emancipated Minor

What Would You Do With It?

Teenagers want freedom from their parents like the neighborhood dog wants that Buick it chases.  But both beg the same question; what would they do with it even if they got it?

Some people wrongly believe that minors are automatically emancipated if they live apart from their parents for a length of time, but that isn’t true.  Minors may be emancipated in Texas if they meet certain requirements, but this is something that MUST be determined in Court.

Don’t Call it Emancipation

Texas law doesn’t actually allow a minor to “emancipate;” instead, it allows a minor to “remove the disabilities of minority."

—See Tex. Fam. Code § 31.001

You see, as a minor in Texas, you have many disabilities that adults do not have.  For example, you are not allowed to vote, buy tobacco, make decisions regarding your education, write a Will, and most importantly cannot enter contracts.

What Disabilities of Minority Can Be Removed?

The Court can remove your disabilities for a limited or general purpose.  If for a general purpose, then certain educational decisions are transferred to the minor, except as provided by federal law, and you would have the “capacity of an adult, including the capacity to contract.”

—See Tex. Fam. Code § 31.006

The capacity to contract is the most important because that is your ability to rent an apartment, buy a car, and open a bank account.  What this DOESN’T do is allow you to buy tobacco, vote, write a Will, or any other action where minimum age is controlled by statute or constitution.

How Do I Get My Disabilities of Minority Removed?

A minor can petition the Court if the minor is a Texas resident, is 17 years old (or 16 years old and living separate and apart from the minor’s parents, conservator, or guardian), and is self-supporting and managing the minor’s own financial affairs.

Your petition must be verified (signed in front of a Notary) by a parent or appointed guardian or conservator, and must include information regarding the name and residence of minor, parent, guardian, and conservators.

Also, your petition must include the reasons that the removal would be in the “best interest of the child” as well as the purposes that the removal are requested (general or limited).  The Court cannot make any decision regarding children unless it is in the child’s best interest, so be prepared to fully articulate why this removal is best.

—See Tex. Fam. Code § 31.002

The Hearing

Yes, this is the type of thing in which a hearing is required, but the Court must appoint an Attorney to represent you at this hearing and to represent your interest to the Court.

Because this is such a big decision, do not expect for the Court to simply rubber-stamp your request and be prepared to fully articulate why this is in your best interest.  This may sound difficult, but hey, you’re asking to be treated as an adult and being an adult is quite difficult.

--Authored by Matthew L. Harris, Esq.,

Matthew Harris Law, PLLC  - Family Law Division

1001 Main Street, Suite 200, Lubbock, Texas, 79401-3309

Tel: (806) 702-4852 | Fax: (800) 985-9479

FrontDesk@MatthewHarrisLaw.com