Simone Lawson
Contributing to the delinquency of a minor is a criminal charge that can be brought against an adult who encourages or aids a minor to engage in delinquent behaviour. This behaviour can range from truancy to more serious offences like theft, assault, or drinking alcohol. In most states, the charge is considered a misdemeanour, but it can be elevated to a felony in certain circumstances, such as if the adult's actions resulted in significant harm to the minor. The charge can have serious consequences, including jail time, fines, and damage to one's reputation.
| Characteristics | Values |
|---|---|
| Definition | Committing an act or failing to act in a certain way, which makes a child more prone to engage in illegal activities |
| Crime vs. Child Abuse | Contributing to the delinquency of a minor is a separate crime from child abuse |
| Minor Definition | A minor is anyone under the age of 18 |
| Examples | Providing alcohol or drugs to minors, failure to supervise, allowing a child to aid in a crime |
| Penalties | Misdemeanor, felony (in certain circumstances), fines, jail time, custody, reputation damage, employment difficulties |
| Defenses | Lack of knowledge, mistake of fact, self-defense |
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What You'll Learn
Encouraging delinquent behaviour
An adult who encourages or aids a minor in engaging in such behaviours may face criminal charges of "contributing to the delinquency of a minor" or "contributing to delinquency". This charge applies when an adult commits an act or fails to act, leading to or contributing to a minor's delinquent behaviour. For instance, an adult who provides alcohol or drugs to a minor, fails to supervise them adequately, or hides a runaway child or habitual truant may face these charges.
The specific laws and penalties related to contributing to the delinquency of a minor can vary across states. In most states, a minor is defined as anyone under the age of majority, typically 18 years old. While some states require proof of criminal intent or negligence, others only need to establish that the adult's actions or inactions influenced the minor's delinquent behaviour.
It is important to note that contributing to the delinquency of a minor is a separate offence from child abuse. However, failing to fulfil the legal duties of a parent or guardian, such as providing adequate supervision and care, can result in charges of contributing to delinquency. Additionally, certain defences may be raised, such as mistake of fact regarding the minor's age or lack of knowledge that the minor's actions constituted a delinquent act.
To prevent such situations, adults should be aware of the laws pertaining to minors in their state, provide proper supervision, and encourage positive behaviours that can deter minors from delinquent activities.
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Providing drugs or alcohol
In most states, selling or providing alcohol to someone under the age of 21 or providing alcohol to minors can be a misdemeanor. Minors who purchase or possess alcohol are engaging in an act of juvenile delinquency. Therefore, an adult who provides alcohol to a minor commits the crime of contributing to delinquency. For instance, a parent could be charged with contributing to the delinquency of a minor if their child obtains and consumes alcohol on a field trip.
The most serious charges generally involve providing drugs to a minor, including marijuana. Giving marijuana to a minor can be charged as a felony and can result in a prison sentence of up to 7 years, in addition to drug charges and contributing to the delinquency of a minor.
It is important to note that the adult's actions do not necessarily have to result in the minor's delinquency for charges to be brought. However, the penalties may be increased if the minor gets into a car accident or suffers a significant injury as a result of drinking alcohol provided by the adult.
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Inadequate supervision
The legal definition of contributing to the delinquency of a minor involves an adult knowingly aiding, encouraging, or causing a minor to engage in criminal activity or become delinquent. This includes being an accomplice to a crime or committing a criminal offence, such as providing alcohol to a minor. It is important to note that the adult's actions do not necessarily have to result in the minor's delinquency for charges to be brought. The mere act of encouraging or facilitating delinquent behaviour can be enough for a charge.
In most states, the term "minor" refers to anyone under the age of 18. Delinquent acts by minors are typically defined as acts that would be considered crimes if committed by adults. These acts can vary from truancy to more serious offences such as theft or assault.
The consequences of contributing to the delinquency of a minor can vary depending on the jurisdiction and the specifics of the case. In most states, it is considered a misdemeanour offence, but it can be elevated to a felony in certain circumstances, such as if the adult's actions resulted in significant harm to the minor. The penalties for a misdemeanour conviction can include a fine of up to $1,000 and/or jail time of up to one year. It is important to note that these charges can also have indirect consequences, such as damage to one's reputation and potential difficulties in finding employment.
It is crucial for adults to understand the legal implications of their actions and interactions with minors. Seeking legal counsel is advised for those facing charges related to contributing to the delinquency of a minor.
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Sexual conduct with a minor
In Washington, for example, sexual misconduct with a minor in the first degree is a class C felony. This involves a person over the age of 21 who has sexual intercourse with a minor who is at least 16 years old but under 18, and where the perpetrator is at least 60 months older than the victim, is in a significant relationship with them, and abuses a supervisory position to engage in sexual intercourse.
In Ohio, unlawful sexual conduct with a minor is a felony of the fourth degree. If the offender is ten or more years older than the minor, it becomes a felony of the third degree. If the offender has previously been convicted of a similar violation, it is a felony of the second degree. However, if the offender is less than four years older than the minor, it is considered a misdemeanour of the first degree.
In Arizona, sexual conduct with a minor who is at least 15 years of age is a class 2 felony if the person is or was in a position of trust. In such cases, the convicted person is not eligible for suspension of sentence, probation, pardon, or release from confinement, except as specifically authorized by certain sections of the law.
It is important to note that the laws and penalties regarding sexual conduct with a minor may vary from state to state, and it is always advisable to seek legal counsel for specific information and guidance.
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Failing to act
In most states, a delinquent act is defined as an act committed by a minor that would be considered a crime if committed by an adult. This includes any violation of a court's lawful order by a minor. For example, if a juvenile court has ordered a child to reside with a parent, and an adult helps the child break that order, they may face charges of contributing to delinquency.
In some states, the crime of contributing to delinquency can be committed by failing to act or supervise a minor. This could include situations where a minor has parties with alcohol at their home while their parents are away, and the parents were aware of the party but did nothing to prevent it.
In other words, if an adult is responsible for a minor and fails to adequately supervise them, leading to the minor's delinquent behaviour, they can be charged with contributing to the delinquency of a minor. This charge can be brought even if the minor does not actually engage in delinquent behaviour, as long as the adult's inaction contributed to or had the tendency to cause the minor to become delinquent.
It is important to note that the laws and definitions surrounding delinquency vary from state to state, and there may be specific rules and language in certain states, such as Nevada, which defines a delinquent act more broadly to include situations such as a child having no parent or guardian with proper parental control, or a child begging on the street.
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Frequently asked questions
It is when an adult knowingly aids, encourages, or causes a minor to engage in criminal activity or behave inappropriately.
Delinquency refers to a range of behaviours that are illegal or inappropriate for minors. These can include truancy, theft, assault, underage drinking, or joining a criminal street gang.
Examples include providing a minor with alcohol or drugs, failing to supervise a minor adequately, or allowing a minor to aid in a crime.
Contributing to the delinquency of a minor is typically considered a misdemeanour offence, punishable by a fine, jail time, or both. However, it can be elevated to a felony charge in certain circumstances, such as if the adult's actions resulted in significant harm to the minor.
Defences against this charge may include lack of knowledge, mistake of fact, or acting out of self-defence. It can also be argued that the accused did not commit the crime.
