Contributing to the delinquency of a minor is a misdemeanor offense in California. Those who coerce, persuade, or aid minors in committing crimes, are liable for prosecution.
Contributing to the Delinquency of a Minor
This charge exists to prosecute those who commit or fail to commit an act which induces crime. Specifically Contributing to the Delinquency of a Minor causes or encourages a person under the age of 18 to commit crime. The child is now a ward or dependent of the juvenile court.
The state may also levy this offense against an individual who either:
- Threatens,
- Commands,
- Persuades, or
- Induces a minor, ward or dependent child of the juvenile court to do or perform a crime. Additionally, this act may cause the child to remain such a ward or dependent. So, this act itself is a crime.
Since this crime includes both acts and failures to act, an individual may either intentionally or negligently commit this offense.
Contributing to the Delinquency of a Minor Conviction
If convicted under either of these circumstances, the accused faces a misdemeanor. This misdemeanor carries a maximum fine of $2,500 and up to one year in county jail. Additionally, it carries a maximum five-year probationary sentence. If any of these acts (or failures to act) involved lewd or lascivious conduct, then the consequences increased. Now, the accused now must 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. In fact, ensure the attorney knows what defenses typically apply to this type of offense. The lawyer must also know 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. They are well-equipped to tackle any issue that comes their way.
Additional Charges
Contributing to the delinquency of a minor is applicable to someone who does know the child.
As a matter of fact, a “stranger” over 21 years of age who knowingly contacts/communicates with a minor under age 14 this the person is now open to prosecution. It does not really matter in the eyes of the law whether the person reasonably knows the child’s age. If this contact begins for the purpose of:
- Persuading and luring, and/or
- Transporting; or
- Attempting to persuade, lure, and/or 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. Conversely, this person can also be one with whom a relationship exists for the primary purpose of victimization.
Additional Penalties
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.
Hire an Attorney
The outstanding criminal defense lawyers at The Kavinoky Law Firm know the law in great detail. Especially pertinent to this type of crime and 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. In turn, this gives their clients a tremendous advantage.
The Kavinoky Law firm hires the best criminal defense attorneys in California. Our excellent and experienced attorneys work hard to fight for their clients’ rights. If you find yourself on the wrong side of the law, call 1.800.No.Cuffs for a free consultation.
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