What Parents Answer For
A.R.S. 12-661 — a child's willful misconduct, and up to ten thousand dollars a tort
In Arizona, a minor's malicious or willful misconduct that injures another person or their property, theft and shoplifting included, is imputed to the parents or legal guardian who have custody or control of the minor, whether or not they could have anticipated it.
Up to ten thousand dollars for each tort. The parents or guardian are jointly and severally liable with the minor for the actual damages, up to ten thousand dollars for each tort of the minor. That liability is in addition to any other liability the law imposes.
| The assumption | What the section actually does |
|---|---|
| The assumptionParents only pay if they saw it coming | What the section actually doesThe misconduct is imputed whether or not they could have anticipated it |
| The assumptionOnly property damage counts | What the section actually doesInjury to a person or to property, theft and shoplifting included |
| The assumptionThe child is off the hook once the parents pay | What the section actually doesParents and minor are jointly and severally liable |
| The assumptionInsurance has to cover it | What the section actually doesNothing in the section limits an insurer's right to exclude coverage |
Whether an act was malicious or willful, and who had custody or control, are decided on the facts, and claims beyond the section run under other law. A licensed Arizona attorney reads a specific case.
Sources for this section (1)
- A.R.S. 12-661 — Liabilities of parents or legal guardians for malicious or wilful misconduct of minors
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Arizona attorney.