What’s the Crime When School Bathroom Graffiti Mentions a Bomb?

Author’s note:  The opinion discussed below was withdrawn and replaced by In re D.W.L.B, ___ N.C. App. ___ (Sept. 17, 2019). The new opinion concludes, for the same reasons provided in the earlier opinion, that the petition failed to allege that the juvenile made a false report concerning mass violence. The new opinion omits the portion of the earlier opinion holding that the petition properly alleged a violation of graffiti vandalism, explaining that even though the petition alleged facts that could constitute the crime of graffiti vandalism, the petition did not put the juvenile on notice that he needed to defend against a graffiti vandalism charge.

An elementary school student writes “BOMB INCOMING” on the wall of the boys’ bathroom at school. The student does not, in fact, know of any plans to bomb the school and has made no such plans himself. Has the student committed a crime or an act of juvenile delinquency? If so what crime or crimes has he committed?

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