Frye Law - May 2019

THIS IS WHAT HAPPENS WHEN YOU STEAL A PROTECTED ANIMAL

ANIMAL THEFT AND TRESPASSING DON’T GO UNNOTICED

In this country, there is an ingrained societal stigma against teens who’ve been forced to spend time in juvenile detention, regardless of the reason they were sent there. In many instances, family members, teachers, and members of the general public turn their heads away from kids who’ve had bouts of trouble, and we rarely take the time to understand what might have prompted it. Fortunately, organizations like the Northwestern Juvenile Project and the Office of Juvenile Justice and Delinquency Prevention (OJJDP) are taking a closer look at the social, mental, and emotional situations that may have contributed to these teens’ decisions to commit a crime. According to the Juvenile Justice Information Exchange, most young people placed in detention have experienced at least one traumatic event in their lifetime. In fact, reports indicate that in a sample of 900 young detainees in Chicago, 93 percent reported prior exposure to trauma, and approximately 84 percent reported experiencing more than one traumatic event. Many of them told stories of being repeatedly threatened with a weapon and fearing for their lives. As a result of their negative experiences growing up, many of these teens struggle with severe PTSD. Unfortunately, this emotional distress often coincides with the development of other psychiatric disorders, which leaves the teens more likely to struggle with substance and alcohol use disorders. In fact, the authors of this report You wake up slowly, still groggy from a raucous night out with your friends. As you look around, taking stock of your surroundings, you see the other inhabitants: a desk, your shoes, a penguin … a penguin?! While footage confirms that two young Welshmen stole Dirk the penguin from his SeaWorld Australia home, the men had little memory of the night’s misadventures the next morning — until they saw Dirk waddling around their rented apartment. The night before, after imbibing a hefty amount during their vacation in Australia, the men got the harebrained idea to break into SeaWorld and swim with the dolphins. After getting inside, video footage captured them stripping down to their skivvies and running around the facility — until they spotted the penguin enclosure. “Look at them!” one said. Distracted from their original plan, they made their way to the penguins, grabbed one, and left. Dirk, the 7-year-old fairy penguin (the smallest species of penguin), was bred in captivity and had never left his enclosure. The next morning, realizing what they’d done, the three young men panicked and released Dirk into a nearby canal. But Dirk’s misfortunes weren’t quite over. He was chased out of the canal by what onlookers believe was a shark, only to be chased back in by a surprised dog. Fortunately, concerned passers-by called authorities, and SeaWorld workers came to rescue Dirk and bring him back to his family. THE COMPLEXITY OF JUVENILE JUSTICE

Dirk returned unharmed to his partner, Peaches, but his kidnappers weren’t so lucky. Once a Facebook post recounting their misdeeds made its rounds, police traced the crime back to the two Welshmen. They were charged with trespassing, stealing, and keeping a protected animal, and there was no shortage of public shaming as their crime circulated the internet. Taking note of their letter of apology and admissions of guilt and regret, the judge enforced a heavy fine for the crime in lieu of jail time.

Charges for kidnapping a protected animal vary from state to state, but the Endangered Species Act ensures perpetrators face harsh penalties, including fines and maximum sentences. The Animal Legal Defense Fund also provides free legal assistance and training to help protect animals from harm. Be careful on your next night out, and please, enjoy wildlife without stealing it!

AND THE TRUTH ABOUT TROUBLED TEENS

claim that the number of young people with psychiatric disorders in the juvenile justice system is “extremely alarming.” While the stigma associated with troubled teens still exists, some states have made great strides in reforming their

juvenile justice system, moving away from incarceration to community-based alternatives. Hopefully, with more funding and resources, they’ll be able to legitimize juvenile correction methods and help these young people. They have often already endured more hardship in their short lives than some seasoned adults, and they’ve made consequential life decisions as a direct result. Here at Frye Law Group, we understand the complexities associated with cases involving teens. We take pride in fighting for young people so they don’t have to enter adulthood with a criminal conviction. If you have any further questions, don’t hesitate to give our office a call.

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