Allegations involving minors can carry serious legal and personal consequences. In California, prosecutors may file charges for contributing to the delinquency of a minor when they believe a person’s actions—or failure to perform a legal duty—caused, encouraged, or tended to cause a minor to become involved in the juvenile court system.
At the Law Office of H. Charles Gorian, we understand how broadly these cases can be investigated and charged. Allegations under this law may arise out of many different factual situations, and they are often accompanied by other accusations. If you have been accused of contributing to the delinquency of a minor, it is important to speak with a criminal defense attorney as early as possible.
Call (951) 395-0511 today to schedule a free and confidential consultation.
What Is Contributing to the Delinquency of a Minor?
California Penal Code section 272(a) makes it a crime to commit an act, or to fail to perform a duty, in a way that causes, tends to cause, or encourages a person under 18 to come within certain provisions of the juvenile court system. The statute also applies to conduct that induces or encourages a minor to disobey a lawful juvenile court order or follow a course of conduct that would tend to bring the minor within those provisions.
This offense is a misdemeanor. A conviction may carry penalties including:
- Up to one year in county jail
- A fine of up to $2,500
- Or both jail time and a fine
- In some cases, probation may also be imposed
Because the statute is written broadly, these charges can arise in many different circumstances. The exact facts of the case matter, and the prosecution still has the burden of proving that the defendant’s conduct met the legal requirements of the statute.
Contact with a Child by an Adult Stranger
California law also addresses certain conduct by adult strangers involving younger children. Under Penal Code section 272(b), an adult stranger who is 21 or older may be charged if he or she knowingly contacts or communicates with a child under 14 for the purpose of persuading, luring, or transporting the child away from the child’s home or another location known to the parent or guardian, without express consent and with the intent to avoid that consent. The law states that this offense may be charged as an infraction or a misdemeanor. The statute includes important limitations and definitions, including exceptions for emergency situations and protection for certain contacts made within the scope of employment or volunteer work for recognized civic or charitable organizations.
Common Defenses to These Charges
Every case is different, and the best defense depends on the facts. In some situations, possible defenses may include:
- False allegations
- Insufficient evidence that the defendant’s conduct caused or encouraged unlawful conduct by the minor
- Lack of intent where intent is required by the specific allegation
- Lawful or innocent conduct that does not meet the statutory definition
- Lack of proof that the defendant was a “stranger” within the meaning of the statute in a luring-type case
- Facts showing the conduct fell within a statutory exception or lawful explanation
A careful review of the police reports, witness statements, surrounding facts, and any related allegations is often essential in these cases.
Speak with a Criminal Defense Attorney
If you have been charged with contributing to the delinquency of a minor or a related offense, do not assume the accusation will be easy to resolve on its own. These cases can affect your record, your reputation, and your future.
The Law Office of H. Charles Gorian represents clients throughout Riverside County, San Bernardino County, and San Diego County. Call (951) 395-0511 today for a free and confidential consultation.