§ 3-112. Liability of parents and legal guardians having custody of an\ninfant for certain damages caused by such infant. 1. The parent or\nlegal guardian, other than the state, a local social services department\nor a foster parent, of an infant over ten and less than eighteen years\nof age, shall be liable to any public officer, organization or\nauthority, having by law the care and/or custody of any public property\nof the state or of any political subdivision thereof, or to any private\nindividual or organization having by law the care, custody and/or\nownership of any private property, for damages caused by such infant,\nwhere such infant has willfully, maliciously, or unlawfully damaged,\ndefaced or destroyed such public or private property, whether real or\npersonal, or, where such infant, with intent to deprive the owner and/or\ncustodian of such property or to appropriate the same to himself or\nherself or to a third person, has knowingly entered or remained in a\nbuilding and has wrongfully taken, obtained or withheld such public or\nprivate personal property from such building which personal property is\nowned or maintained by the state or any political subdivision thereof or\nwhich is owned or maintained by any individual, organization or\nauthority, or where such infant has falsely reported an incident or\nplaced a false bomb as defined in section 240.50, subdivision one or two\nof section 240.55, section 240.60 or section 240.61 of the penal law.\nSuch public officer, organization or authority, or private individual or\norganization, as the case may be, may bring an action for civil damages\nin a court of competent jurisdiction for a judgment to recover such\ndamages from such parent or legal guardian other than the state or a\nlocal social services department or a foster parent. For the purposes of\nthis subdivision, damages for falsely reporting an incident or placing a\nfalse bomb shall mean the funds reasonably expended by a victim in\nresponding to such false report, as set forth in subdivision eleven of\nsection 60.27 of the penal law. In no event shall such damages portion\nof a judgment authorized by this section, as described in this\nsubdivision, exceed the sum of five thousand dollars.\n 2. Notwithstanding the provisions of subdivision one of this section,\nprior to the entering of a judgment under this section in the sum total\nof five hundred dollars or more, the court shall provide such parent or\nlegal guardian of such infant with an opportunity to make an application\nto the court based upon such parent's or legal guardian's financial\ninability to pay any portion or all of the amount of such sum total\nwhich is in excess of five hundred dollars, and upon the return date of\nsuch application, or any adjournment thereof, the court shall, in\nsummary fashion, hear and consider all evidence of financial hardship\npresented tending to establish the inability of such parent or legal\nguardian to pay any or all of the amount of the sum total in excess of\nfive hundred dollars, and the court shall render its decision as to such\nparty's inability to make such payment based upon a preponderance of the\nevidence presented. Upon a decision that such party has established his\nor her inability to make such payment, the court shall enter the\njudgment authorized by this section but in an amount within the\nfinancial capacity of such parent or legal guardian, provided, however,\nthat since the original of the sum total exceeded five hundred dollars,\nno such judgment shall be entered for an amount which is less than five\nhundred dollars.\n 3. It shall be a defense to an action brought under this section that\nrestitution has been paid pursuant to section seven hundred\nfifty-eight-a or 353.6 of the family court act, or paragraph (g) of\nsubdivision two of section 65.10 of the penal law. It shall also be a\ndefense to an action brought under this section that such infant had\nvoluntarily and without good c
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