Contributing to the delinquency of a minor is a crime in California and is intended to protect children and teenagers during some of the most impressionable and vulnerable stages of life. What behavior is considered criminal, and what could be excused as reasonable parenting or adult guidance? There is no straightforward answer, which is why anyone charged with contributing to the delinquency of a minor should take the charges seriously.

Contributing to the Delinquency of a Minor Meaning

California defines this as committing an act or failing to act in a way that makes a child more likely to engage in criminal activity. In the context of this offense, parents and legal guardians have a duty to exercise reasonable supervision, care, protection, and control over their minor children. Parents and guardians must have acted with criminal negligence or general criminal intent to illegally contribute to the delinquency of a minor.

Criminal Negligence

Acting with criminal negligence means that you commit a reckless act that creates a high risk of severe bodily injury or death, and a reasonable person would recognize this behavior poses such a risk.

General Criminal Intent

In order to act with general criminal intent, the behavior must have been intentional.

Is Contributing to the Delinquency of a Minor Considered Child Abuse?

No, this offense is not the same crime as child abuse. A child abuse charge in California involves willfully inflicting cruel bodily punishment or injury that causes trauma.

If you have been charged with contributing to the delinquency of a minor in California, the prosecutor must show that you committed an act or neglected to fulfill a duty that ultimately led to a minor becoming a delinquent, truant, or dependent of the court.

Examples of Contributing to the Delinquency of a Minor

There are endless examples of behaviors and instances of neglect that could be classified as contributing to the delinquency of a minor. Some examples include:

Letting your 13-year-old son skip school for days or weeks at a time

Providing alcohol to your 17-year-old neighbor for their house party

Allowing your 16-year-old daughter to stay out past curfew then she gets arrested for possession of cocaine

Is Contributing to the Delinquency of a Minor a Felony in California?

Contributing to the delinquency of a minor is a misdemeanor in California according to Penal Code Section 272. A conviction can result in up to one year in jail and a maximum fine of $2,500.

Despite the fact that this offense is only a misdemeanor as opposed to a felony, a conviction can bring significant consequences in and out of the justice system. In addition to potential jail time and thousands of dollars in fines, criminal convictions can affect some employment situations, and the stigma associated with a criminal history can have a social impact.

Defenses for Contributing to the Delinquency of a Minor

Working with a criminal defense attorney means you can take advantage of their years of experience building solid defensive strategies. The specific approach to your defense will vary depending on the unique circumstances of your case, but there are some relatively common defenses.

You Thought the Minor was an Adult

This defense is taken when you reasonably believed that the child was over 18 years old. Parents and legal guardians would not be able to use this strategy, but neighbors or other acquaintances may not have been aware of a child’s real age.

You Were Falsely Accused

Children sometimes try to place blame for their actions on adults, either for revenge, attention, or to escape consequences. It does not ultimately matter why a child falsely accuses you. Building a defense based on unjust blame can be an effective strategy for many people accused of contributing to the delinquency of a minor.

The Child Acted Outside of Your Control

California law only requires parents and legal guardians to use reasonable care and control over their children. This means that there are some child behaviors that are outside of a parent or guardian’s realm of control. Arguing that you exercised reasonable care and still could not control the child.

California Criminal Defense Attorney with 15+ Years of Experience

Facing criminal charges of any kind is frightening, but the emotional toll is often more severe when the alleged crime involves a child. If you’ve been charged with contributing to the delinquency of a child, you need a dedicated criminal defense attorney who understands how to build the strongest defense possible. Contact the Law Office of Sheny Gutierrez to schedule a free consultation.