State v. Howe

The juvenile defendants in these three consolidated cases were each convicted of burglarizing their parents' homes. Each case raises the same central issue: When is a parental order to a juvenile to stay away from the parental home sufficient to establish the lack of privilege element of a burglary charge? We hold that a burglary conviction can only be sustained where the parent (1) expressly and unequivocally ordered the child out of the parental home, and (2) provided some alternative means of assuring that the parents' statutory duty of care is met.

I

Former RCW 9A.52.030(1) provides:

A…