Most people may recall their adolescence as a period of defiance. Many can attest to having tried alcohol, cigarettes, or marijuana for the first time in junior or high school, even though it was illegal. Although this may have been a typical element of being a grown-up, if an adult supports any illegal activities done by minors, they could be prosecuted for contributing to the delinquency of a minor.

Contributing to a minor's delinquency (Penal Code 272) is a criminal offense in California. This statute is aimed at preventing adults from encouraging or allowing minors to indulge in criminal activity.

What is Contributing to the Delinquency of a Minor in California?

According to California PC 272, it is a crime to take action or neglect to fulfill your obligations, and by doing so you encourage or cause a minor, below the age of 18 years, to become a habitual truant, delinquent, or a dependent of the juvenile court.

Contributing to a minor's delinquency is a vague accusation. As stated, it mainly refers to doing anything that motivates a juvenile to break the law, quit school, or even become a ward of the court. It could entail encouraging a child to engage in petty crime, drink alcohol, use drugs, or even disregard minors who have been abused or neglected.

Parents or legal guardians always have a responsibility to provide their minor children with adequate care, guidance, safety, and have some authority over them. It means that it is your obligation as a parent/legal guardian to watch over and take care of the minors in your household.

If a child under your care gets into trouble with the law and is subjected to criminal procedures, even though you did not have anything to do with the offenses as a caregiver, you can be prosecuted with contravention of Penal Code 272(a) (1).

Another example is that a single mother or father dating someone who then hurts the child. When a parent is aware that their child is being abused but does nothing, they will be punished under this law.

Additionally, when a stranger approaches a child below 14 years intending to lure them away from home and family without the approval of the child's parents, they could be charged with contributing to a minor's delinquency. Trying to lure a minor away from their family or home, even though the adult stranger had no malicious motives, is deemed a crime.

An adult stranger is anyone above the age of 21 who does not have any significant relation with the minor, is only a casual friend, or has developed or cultivated a connection with the minor only for the goal of victimization.

The notion underpinning this allegation would be that a stranger who doesn't know the child tries to lure them along without the consent of the parents or guardian. It is a catch-all crime that, if carried out, might progress to more severe charges like child kidnapping, molestation, or sexual battery.

Proving Contributing to the Delinquency of a Minor

To legally prosecute you under this law, the prosecution must show that you did something or neglected to fulfill their obligations and that by doing so, the accused contributed or helped a minor in becoming a habitual truant, a delinquent, or ward of the juvenile court.

To be charged with this offense, an individual should have acted with criminal negligence or criminal intent. To take any action with the intent to commit a crime, an individual not only perpetrates the unlawful act or lacks to perform what is required of them but also does so with intent.

If an individual takes action with criminal negligence, they act in a negligent manner that puts a minor at danger of death or serious bodily harm or does something that any sensible person could have recognized that taking action in that manner puts the minor in danger.

For the sake of this criminal code, the statutory description of a "delinquent child" is a child who's been found guilty of a crime by a juvenile court. A minor who is considered a "habitual truant" is one who:

  • Has disobeyed a court-ordered age-based curfew

  • Routinely and consistently disobeys sensible orders from his or her parents or guardians

  • Had 4 or more school absences in a single school year with no legitimate excuse

Juveniles become dependents on the juvenile court in California for one of the reasons listed below:

  • They have been abused as children

  • They have been neglected

  • As a consequence of cruelty or negligence by the parent or caregiver, they have undergone serious emotional distress

  • They have been sexually abused

  • They have been left with no source of support

  • The child's sibling has been abused or neglected

  • They have been subjected to an act of violence done by a family member

Are There Consequences of a Penal Code 272 Violation?

Contributing to a minor's delinquency warrants a misdemeanor charge under Penal Code 272 Section (a)(1). If you have been charged under this law, you could face a six-month term in county jail. You'd also be compelled to spend half of your sentence in detention.

It's considered a wobbler charge under Penal Code 272(b)(1), which means you could be prosecuted with a felony or a misdemeanor. When you are found guilty of a misdemeanor offense under this law, you might face a jail term of a maximum of 6 months.

When you are guilty of a crime under this provision, you will be fined a minimum of $2500. In addition to facing substantial fines, you will also receive a restraining order, as well as a stay-away mandate by the court.

Penal Code 272 isn't a strike charge as per the Three Strikes Law, nor is it a conviction that necessitates Sex Registration under Penal Code 290. When you are guilty of Penal Code 272, you may lose or have your occupational license suspended, or have it revoked. If you're a non-citizen, you may suffer immigration consequences.

Possible Legal Defenses for Fighting the Charges

There are several legal defenses applicable to allegations of contributing to the delinquency of a minor. Countless innocent individuals have been falsely accused of offenses by someone who is attempting to get the accused into trouble. A former lover, for instance, might accuse their former partner of introducing marijuana to their child as a form of revenge.

Other types of false allegations may entail deception or misidentification. For instance, someone uses someone else's name, picture, or online identity to communicate with a child online. The authorities or the child's guardians may assume the individual in the picture is the person who contacted the minor when, in fact, the real offender was impersonating someone else.

It could be a legal defense to the criminal accusations when the adult genuinely thought the minor was not a minor given the circumstances. For example, when a 20-year-old lady buys a drink for a man in a nightclub, it is logical to assume that the man isn't a child.

If the "man" was a 16-year-old child who pretended to be older or entered the pub with fake identification, the lady may be able to defend herself against allegations of contributing to the minor's delinquency since she rationally assumed the child was a grownup.

Another defense is that you couldn't reasonably handle the minor. Remember that under California law, parents or guardians are required to provide adequate care and authority over young children. As a result, an accused's defense is to establish that, despite exercising due care, he/she was essentially unable to control their child.

In most cases, another child cannot be prosecuted for aiding a juvenile's delinquency. However, parents or legal guardians who are also minors or below 18 years, do, however, have a responsibility to act with due care, supervision, as well as have authority over their child. In such a situation, a young parent/guardian might be prosecuted for contributing to their child's delinquency when they incite their child to engage in behaviors that result in delinquency.

Other Charges Related to Contributing to a Minor’s Delinquency

There are offenses associated with contributing to a minor's delinquency. Based on the circumstances, law enforcement could also detain a person for:

Supplying a Minor With Drugs or Alcohol

Giving or supplying alcohol to minors could be considered a misdemeanor offense. However, when the youngster is involved in an accident on the road after being supplied alcohol or sustains serious bodily injuries as a consequence of consuming alcohol, the sanctions could be enhanced.

If you're a parent to a minor and give them alcohol, you might not be demonstrating reasonable care, appropriately monitoring or safeguarding the child from injury, or from indulging in crime. The act of supplying the alcohol could also indicate criminal intent.

When you know that your child is using illegal drugs that are in your possession at home and you have done nothing to keep them from using the drugs, you will be charged with criminal negligence. You might spend a year in jail and pay a maximum fine of $2500 if found guilty.

Parents who permit their children under the age of 18 as well as other juveniles to consume alcohol could be held criminally liable or face a jail sentence of one year as well as fines of $1000 when their child or children or other minors who were also consuming alcohol are found to have a Blood Alcohol Concentration of 0.05 percent or are intoxicated.

However, giving illegal drugs to a child, such as marijuana, is usually one of the most serious offenses. Supplying weed to a child (or selling drugs to a child) is prosecuted as a felony. Giving marijuana to a juvenile under the age of 21 can lead to a seven-year prison term. This is on top of the drug charges or contributing to the delinquency of a child.

Sending Obscene Material to a Minor

It is a misdemeanor charge or a felony to share dangerous material with a child. Distributing, sending, or exhibiting any harmful content to stimulate or fulfill sexual urges is illegal under California PC 288.2. This also includes sharing nude pictures with a child.

Luring a Minor Away from Their Parents

As stated before, California PC 272(b) makes it illegal for an individual to communicate with a juvenile under the age of 14 to lure or take them away from his or her parents.

This law applies to grownups who are considered strangers to the child and have never met them before. When you take or lure any child under the age of 14, you may be charged with contributing to the delinquency of the minor when you are above the age of 21.

To be found guilty under this provision, the prosecutor must prove several things, including the following:

  • You contacted the minor under the age of 14 on purpose or deliberately

  • You were aware, and should've been aware, that the child was below the age of 14

  • Your goal was to entice, convince, or take the child away from the family or legal guardians without their permission

  • You intended to do so without obtaining their parent's permission

It's important to note that you cannot be convicted of luring or taking a child under the age of 14 years unless you're an adult who is not well acquainted with them. Additionally, you should be a minimum of 21 years and have no meaningful previous contact with the kid, or you developed the relationship with the sole intention of having them as your victim.

PC 272 violations that contribute to the delinquency of a minor are misdemeanors. Luring a minor away from their family or parents in contravention of PC 272(b) that can be punished as an infraction or a misdemeanor.

Preparing a Strong Defense Strategy to Fight the Charges

This offense is prosecuted now and then and often concerns an older individual. The individual could likely be a legal guardian, a parent, a sibling, or anyone assisting a child who is doing something they are not allowed to do.

An instance would be purchasing liquor for a child, enabling a child in gambling, or encouraging a child in engaging in immoral or other criminal activities. These are among the acts that could have you charged with assisting a child in delinquency.

The law does not want adults doing anything that might put children in dangerous situations, urge minors to engage in criminal conduct, or enable children to do what they aren't permitted to do. Therefore, if you or anyone close to you has been charged with or issued a summons to attend court proceedings for contributing to a minor's delinquency, you should enlist the services of a competent criminal defense attorney who will prepare a strong defense strategy that will help you achieve the best results in court.

Frequently Asked Questions Regarding PC 272

Below are a few of the most commonly asked questions on contributing to the delinquency of a minor.

Could I be prosecuted for contributing to the delinquency of a minor if I allowed my child to hold a party at home with alcohol?

Even though giving alcohol to juveniles is a different offense, you might be prosecuted under this law. When a crime happens as a consequence of you permitting them to drink alcohol, you could be prosecuted for contributing to their delinquency. You'll be prosecuted under Penal Code 272 when a minor person drove while being intoxicated by the alcohol you allowed him or her to consume.

Can I be charged with a violation of PC 272 if I give my 13-year-old neighbor's child a lift home after school without informing their parents?

Giving the child a ride is not likely to lead to charges of transporting or luring a child who is below 14 years in such a case. The child's parents, on the other hand, could get furious and file accusations against you. However, the prosecution will have to demonstrate that your purpose was to evade the child's parents' permission or that you had done this with intent to commit a crime. As a result, you must retain the services of an experienced attorney to represent you if you find yourself in this situation.

I became engrossed at work and was unable to fetch my child before curfew. Will I be found guilty of this crime?

When your child is found outside your home after curfew, you might face charges of contributing to the delinquency of a minor or charges of child neglect. If this happens again, Child Protective Services may intervene and remove your child from your custody.

Find a San Jose Criminal Defense Attorney Near Me

Have you been charged with contributing to the delinquency of a minor? If that's the case, hiring a skilled and competent criminal defense lawyer is your best bet for fighting these allegations. At California Criminal Lawyer Group, we are dedicated to defending clients in similar situations. Call us at 408-622-0204 today for a free, no-obligation initial consultation if you are in San Jose, CA.