Call for a Free Consultation 817.997.4366 Se Habla Español
Stay Current on Criminal Justice System Developments. Follow News & Updates on Our Fort Worth Criminal Defense Blog.


Watch the Clip Here.

Home Alone is an iconic American Christmas movie with an abundance of illegal activity.

Kevin's parents may be guilty of abandoning their child. Abandoning a child under the Texas Penal Code§ 22.041 means to leave a child in any place without providing reasonable and necessary care for the child, under circumstances in which no reasonable, similarly situated adult would leave a child of that age and ability. A person, who is the child's guardian or care taker, commits this offense when they leave a child under the age of 15 in circumstances that expose the child to an unreasonable risk of harm. As most reasonable adults would not leave their child for a second time, they are probably guilty of this charge. The parents' best defense would be that the abandonment was unintentional and unknowing and they attempted to resolve the problem immediately upon discovering it.

Kevin lies his way into getting into the hotel room, which could be considered a crime. The crime of making a false statement to obtain property or credit occurs when receiving property or service on credit. A person commits this offense when they intentionally or knowingly make a materially false or misleading statement to obtain property or credit. Kevin has clearly made statement he knew to be false to get a hotel room, which is considered receiving a service on credit. TPC § 32.32.

There are many accounts of assault throughout this clip- committed mostly by Kevin. A person has committed assault when they intentionally or knowingly cause physical contact with another when the person should reasonably believe that the other will regard the contact as offensive or provocative. This would be a Class C misdemeanor. V.T.C.A., Pen. Code § 22.01. Kevin's obvious defense in this situation is self defense. However, one may only use like force in self defense. As the two men do not have weapons, using deadly force (such as heavy weights and fire) is likely exceeding the allowed amount of force in self defense.

We see the trio enter a seemingly abandoned building in this clip. Obviously none of them own it and is therefore criminal trespass. One has committed the offense of criminal trespass when he enters or remains on the property of another without consent and he had notice that the entry was forbidden under Texas Penal Code § 30.05.

Kevin does not have any of his own money and must have stolen most of the items he uses against the two men that are after him. A person commits the offense of theft when they unlawfully appropriate property with the intent to deprive the owner of the property. TPC § 31.01.

The two criminals after Kevin could also be charged with stalking. A person commits the offense of stalking when, if the person on more than one occasion and pursuant to the same scheme or course of conduct that is directed specifically at another person, knowingly engages in conducts that the actor reasonably knows the other person will regard as threatening to his person or his property. V.T.C.A., Pen. Code § 42.072. As we have seen these particular criminals have already harassed Kevin in a prior movie- their current actions and persistent attempts could be found as stalking.