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Police say Maryland law prevents charges against 12-year-old who confessed to school bomb threats

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Posted at 12:46 PM, Oct 25, 2023
and last updated 2023-10-25 12:46:35-04

ROCKVILLE, Md. — Montgomery County Police say a 12-year-old is responsible for making seven separate bomb threats against three public schools.

The threats were made via email targeting Montgomery Blair High, Oak View Elementary and Silver Spring International Schools

During questioning police say the child admitted responsibility.

However, due to existing Maryland law, children under the age of 13 cannot be criminally charged unless an act of violence actually occurs.

"It is disheartening to accept that the individual responsible for disrupting the educational process and instilling fear in our community was well aware of the legal limitations surrounding their age," said Montgomery County Police Chief Marcus Jones. "They understood that they could not be charged under current Maryland statutes."

The most recent threat came in October 24. While all were deemed unfounded, police say they were forced to divert various resources which already are at thin levels.

"In addition to the fear and chaos these threats caused, it is important to acknowledge the significant financial and operational burden each incident placed on our department," said Jones. "Dispatching officers and K-9 units to investigate these threats, especially when our resources are already stretched thin, diverted our personnel away from other pressing calls for service. This diversion of resources is unacceptable, and it jeopardizes the safety of our community."

The law in question is House Bill 459 which passed the Maryland General Assembly in June 2022. It takes into consideration a child's "diminished neurocognitive capacity to be held culpable for their actions and also lack the ability to understand legal charges against them."

Anne Arundel County Delegate Luke Clippinger was the bill's main sponsor. Police there also expressed concern in that pastabout the law impacting dozens of juvenile cases involving crimes like assault, arson, auto thefts, burglaries, drug charges, and sex offenses.

Defenders of the law say it helps minority children who were disproportionately affected by enforcement.