27 Dec 21
Contributing to the delinquency of a minor occurs when an adult encourages a minor below eighteen years to take part in illegal activity. Such activities could include providing alcohol to minors or keeping the minor home during school days, making them truant. Under California law, this crime can result in fines and a jail term. This blog will help you understand more about contributing to the delinquency of a minor, possible punishment, and ways to defend yourself if you are facing these charges.
Contributing to the Delinquency of a Minor Defined
According to penal code 272, when an adult knowingly supports or helps a minor engage in forbidden acts of juvenile delinquency. Anyone below eighteen years is considered a minor under the law. Adults who encourage minors’ delinquent behaviors can be convicted regardless of how trivial the said act is. For instance, the law prohibits children from possessing alcohol. If an adult is found giving children alcohol or encouraging them to drink, they could be charged with this crime no matter how petty it may seem.
Different states have developed formative criminal statutes that prohibit and punish adults who encourage young adults to participate in illegal activities. In California, this crime is handled as a misdemeanor, while in states like Florida, it is a federal crime and carries severe penalties.
What are the Elements of Crime?
When an adult encourages a minor to commit an offense, they can be convicted under penal code 272. This statute prohibits adults from helping or encouraging a delinquent child to participate in a prohibited crime. To be convicted for this crime, the following must be true:
- The accused must be an adult above eighteen years
- The accused encouraged the young adult to commit the crime
- The adult knew that the child was below eighteen years
- The child’s behavior resulted from criminal negligence or general criminal intent
- The accused caused the child to become or remain a habitual truant, a delinquent, or a juvenile court dependent
Examples of Acts that Contribute to the Delinquency of a Minor
There are different acts that contribute to this crime, but they vary by state. Below are some examples of the activities that could lead to the detention of an adult if they allowed, encouraged, or facilitated a child to engage in:
- Buying alcoholic drinks for a minor
- Persuading a minor to commit a crime
- Giving or allowing the child to use illegal drugs
- Accompanying a minor as they commit a crime
- Allowing a minor to drive a vehicle without a valid driving license
- Having a child help you commit an offense, for example selling drugs, or shoplifting
- Providing a fake identification card to have a minor enter a club or an adult-only event
- Allowing children to drink alcohol or use drugs in your presence
- Allowing minors to engage in sexual activities
- Sending obscene materials or pornography to a child
- Allowing young adults to beg on the street
- Making minors habitual truants by keeping them out of school
Supplying Alcohol or Drugs to a Minor
If an adult is found supplying alcohol to a child below 21 years, they are likely to face misdemeanor charges. If the child causes a car accident or suffers great bodily injury as a result of the alcohol, the adult can face more serious penalties.
However, selling or providing minors with drugs like marijuana carry serious charges. Selling marijuana to an underage is convicted as a felony, and the accused can face up to 7 years in prison in addition to contributing to the delinquency of a minor and drug charges.
Making a Minor a Dependent of the Juvenile Court
There are different reasons that can cause a child to become a “dependent of the juvenile court” under California law. Being a “dependent of the juvenile court” means that the court will intervene and take full responsibility as their guardian. When this happens, the court removes the minor from their home and places them under their care. Some of the reasons that may cause this include:
- If the guardian leaves the children with no means of support
- If the children are victims of sexual abuse, child neglect, or child abuse
- If their siblings are subjected to abuse or neglect
- If they face cruelty from a member of their household
- If mistreatment from their guardian makes them suffer emotional damage
If you make a minor into a juvenile delinquent, it means that you encouraged or caused a minor to engage in an act that led to their conviction. Note that an adult can only be charged formally for contributing to the delinquency of a minor after they have been found guilty under California law.
Transporting or Luring a Minor Below 14 Years
California law prohibits the act of transporting or luring children below 14 years. Any adult above 21 years who lures or transports a child below 14 years with no pre-existing relationship could face charges of contributing to the delinquency of a minor in California.
There are various elements that must be present for you to be convicted for this crime. They include:
- You willingly communicated with a child below 14 years
- You were aware or should have reasonably known the child was below 14
- You intended to transport, lure, or persuade the minor away from their legal guardian without consent
- You intended to avoid their legal guardian’s consent
Only an adult above 21 years who is a stranger to the minor can face criminal charges of transporting or luring a minor. You also need to have no substantial relationship with the victim or create a relationship to lure them.
Who Can be Charged with the Offense of Contributing to the Delinquency of a Minor?
Under California law, only legal guardians, parents, or adults who had custody of the child at the time of the crime face the charges. The term “contribute” can be subjective; hence the judge has the liberty of deciding if you indeed contributed to the delinquency of a minor.
Minors do not have to engage in actual criminal activities for an adult to be convicted for contributing to the delinquency of a minor. If the minor thought of committing the crime, that is enough to have you convicted. For instance, if you incite a minor to engage in burglary and he begins hunting for the required tools but gets caught just after gathering the tools, but before committing the actual crime and tells the police the whole incident, you could face contributing to the delinquency of a minor charge if the police believe his story.
Exceptions of Contributing to the Delinquency of a Minor Law
Different states have various exceptions to the law, mostly in alcohol-related cases. Below are some exceptional examples related to the consumption of alcohol for various reasons:
- Consumption of alcohol for medical reasons — Available in 16 states
- Consumption of alcohol with parental consent at home — Available in 6 states
- Consumption of alcohol for culinary purposes (cooking with alcohol in catering school) — Available in 7 states
- Parental permission when a minor is with the legal guardian at a hotel that serves alcohol — Available in 11 states
- Consumption of alcohol for religious reasons (for instance, taking holy communion in church) — 25 states
- Consumption of alcohol during government research (taking part in a medical study) — Available in 4 states
Note that the court follows the CDM laws of the state that the crime took place, not where you reside.
Being Charged with Contributing to the Delinquency of a Minor
In California, contributing to the delinquency of a minor is charged as a misdemeanor; however, this depends on several factors, including any injuries sustained During the crime, the severity, and if the defendant has been convicted for a similar offense before, second-time offenders and those who encourage young adults to commit serious crimes like burglary are charged with a felony, and the punishments are more severe.
Penalties for Contributing to the Delinquency of a Minor
Ca penal code 272 is divided into two sections, namely:
- PC 272 (a) — This section handles the direct contribution to the delinquency of a minor.
- PC 272 (b) — This section focus on transporting or luring a minor
Penalties for violation of Penal code 272(a) include:
- Detainment in jail for one year
- Fines of $2,500
Penalties for violation of penal code 272(b) include:
- Detainment in jail for six months
- Fines of $1,000
Registration as a Sex Offender
If you are charged with transporting or luring a minor or contributing to the delinquency of a minor and your crime involved engaging in sexual conduct with the minor, you could be subjected to registering as a sex offender under PC 290.
This registration is mandatory for those who intended to engage in conduct for sexual gratification. If you are ordered by the court to register as a sex offender, you would be expected to register with your local police station every year and also update your address annually.
Possible Legal Defenses to Contributing to the Delinquency of a Minor
If you are facing charges for contributing to the delinquency of a minor, there are several legal defenses that you can use to fight your charges. However, any legal defense against these charges would require a thorough look at the circumstances and facts surrounding the case. Here are some of the most common defenses:
- You believed beyond reasonable doubt that they were not a minor — Some minors act and look more mature than their age. If you are able to prove to the prosecution that you had a reasonable belief they were not a child, you cannot be prosecuted for contributing to the delinquency of a minor. Remember one of the key elements of this crime is that the accused must have been aware that they were engaging a minor in a crime.
For instance, you sit next to a minor in a club and decide to buy them alcohol, not knowing that they used a fake ID to enter into the club. In such a case, you cannot be charged with contributing to the delinquency of a minor since the child concealed their actual age.
- False accusation — Being falsely accused by a minor is not uncommon. Some minors will accuse someone falsely to seek attention or take revenge. Other times, an adult can plan with the minor and make false allegations because they know this crime carries severe penalties. They could do this to win a child custody case or ruin your repetition. If you can prove that you were falsely accused, you cannot be convicted for contributing to the delinquency of a minor.
- The minor is difficult to control or has extreme behavioral disorders — Not all children are easy to handle; you could be a guardian to a nearly uncontrollable child. At times the court may charge the guardian of a minor who has been convicted in a juvenile court severally or a minor who is always a truant from school. They could accuse you of failing to provide care and supervision hence charging you with criminal negligence and contributing to the delinquency of a minor. If you can prove to the prosecution that your child is nearly uncontrollable, your charges may be dropped.
Note that California courts make exceptions for parents of children with behavioral disorders.
Offenses Related to Contributing to the Delinquency of a Minor
There are offenses that are mainly charged along with or together with contributing to the delinquency of a minor. Depending on your case, you may also be charged with:
- Providing a minor with alcohol (Business and Professions Code 25658) — Under this statute, it is illegal to furnish or sell alcoholic beverages to children below 21 years. If charged with California PC 272, it is a misdemeanor offense.
- Providing marijuana to a minor (Health and Safety Code 11361) — This statute makes it illegal for an adult to:
- Induce an underage to use marijuana,
- offer, give, or sell marijuana to a child
- Use or employ a child to give away or sell marijuana
When this charge is charged together with contributing to the delinquency of a minor, the adult could face felony charges.
- Sending harmful materials to underages (Penal code 288.2) — This statute prohibits adults from exhibiting, distributing, or sending obscene, lascivious, lewd, or harmful material to children below 18 years. Whether convicted with or alongside contributing to the delinquency of a minor, this offense is a felony under California law.
Frequently Asked Questions About Contributing to the Delinquency of a Minor
Can I be convicted for contributing to the delinquency of a minor if I offer my neighbor’s 11-year old a ride to school?
You cannot be charged with transporting or luring a minor under 14 years for offering them a ride to school. But, depending on your relationship with their parents, they could be offended and file charges against you. If this happens, it is upon the prosecution to determine if you had any criminal intent or intentionally avoided the parents’ consent.
Could I be charged with contributing to the delinquency of a minor if I let my young adult hold a party at home with alcoholic beverages?
Yes. You could face multiple charges, including giving alcohol to minors which is a different offense and contributing to the delinquency of a child. If the consumption of alcohol led the minors to commit a crime, your charge of contributing to the delinquency of a minor could carry severe punishment.
I got held up at work and could not pick my child from school before curfew. Could I be charged with contributing to the delinquency of a minor?
You could be charged with contributing to the delinquency of a minor if your child is found outside their home past curfew hours. The prosecution could accuse you of child negligence, and if this happens severally, your child could be taken away by Child Protective Services.
Can another minor be charged with contributing to the delinquency of a minor?
No. For instance, Mike (17) and Anthony (16) get fake ID cards and enter a club, but they get caught. They will both face similar charges for trying to conceal their age, but none of them will be charged with contributing to the delinquency of a minor since they are both minors.
What if I am a 21-years-old and got a 16-year-old girl pregnant?
Anyone below 18 years cannot legally consent to sexual activities in California. Having sex with a person below the age of consent is considered a crime that can be convicted as a misdemeanor or a felony.
Find a Criminal Defense Attorney Near Me
Even if you do not commit a crime or illegal activity yourself, you might face serious penalties under penal code 272 if you encourage a minor to undertake the illegal act. If you are facing charges for contributing to the delinquency of a minor in Van Nuys, CA, our criminal defense attorneys at Leah Legal are ready to help defend you. Contact us today at 818-484-1100.
