Contributing to the Delinquency of a Minor

Contributing to the delinquency of a minor, a misdemeanor in California, will be charged against an individual who committed an act (or who failed to perform a required act) that caused or tended to cause or encouraged a minor (a person under the age of 18) to become a ward or dependant of the juvenile court or whose act or failure to act contributed to such a state. This offense may also be charged against an individual who either threatened, commanded, persuaded or induced a minor or a ward or dependant child of the juvenile court to do or perform an act or to live in such a way that would cause him or her to become or remain such a ward or dependant. Because this crime includes both acts and failures to act, an individual may either intentionally or negligently commit this offense. If convicted under either of these circumstances, the accused faces a misdemeanor, punishable by a maximum fine of $2,500 and up to one year in county jail or a maximum five-year probationary sentence. If any of these acts (or failures to act) involved lewd or lascivious conduct, the accused will further be required to register as a sex offender, pursuant to California Penal Code 290.

In order to avoid these penalties, it is imperative that the accused contacts a criminal attorney who knows what defenses typically apply to this type of offense and how to effectively convey them to a judge and jury. The skilled defense attorneys at The Kavinoky Law Firm specialize in crimes against children and in California sex crime defense, and are well equipped to tackle any issue that comes their way.

Contributing to the delinquency of a minor may also be charged against a “stranger” over 21 years of age who knowingly contacted or communicated with a minor under age 14 (either knowing or in a position to reasonably know the child’s age), for the purpose of persuading and luring, or transporting, or attempting to persuade and lure, or transport, that minor away from the minor's home, or from any location known by the minor' s parent, legal guardian, or custodian, without the consent of such an authority and with the intent to avoid that authority’s consent. A “stranger” is a person of casual acquaintance with whom no substantial relationship exists, or an individual with whom a relationship has been established or promoted for the primary purpose of victimization. Depending on the severity of the offense and on the defendant’s prior criminal history, the accused faces either an infraction (punishable by a fine) or a misdemeanor, punishable by up to six months in jail and a maximum $1,000 fine. If there was an emergency situation (which means that there was a situation where the minor was threatened with imminent bodily harm, emotional harm, or psychological harm) that led to this offense, that will serve as a defense and the accused cannot be convicted of this charge. An individual who contacts minors as a part of his or her legitimate job or as a volunteer of a recognized civic or charitable organization is also exempt from conviction, so long as the contact was otherwise lawful.

An individual who either owns, leases or otherwise operates a place where a prizefight or cockfight is advertised or represented to take place who admits a minor onto the premises or who sells or gives an admission ticket to a minor will be charged with a misdemeanor, punishable by up to $100 or by a maximum 25-day jail sentence. This type of offense will be prosecuted under the theory of contributing to the delinquency of a minor.

The outstanding criminal defense lawyers at The Kavinoky Law Firm have mastered the defenses available for this crime and the defenses that are applicable to other crimes against children. They keep up-to-date on the latest laws and cutting-edge trial strategies that are relevant to these types of crimes, giving their clients a tremendous advantage. Contact the Kavinoky law today for a free consultation.