What is Contributing to the Delinquency of a Minor?

contributing to the delinquency of a minor Children are vulnerable, especially those children who make poor choices or whose circumstances include violence, drugs or alcohol or the like. As adults, our job is to protect these children.

But sometimes, adults can make poor choices as well leading to a charge of contributing to the delinquency of a minor in Stillwater, Oklahoma.

Here are some things you might want to know about this crime.

Contributing to the Delinquency of a Minor in Oklahoma Defined

Under Oklahoma law, a minor is a child under the age of 18. Okla. Stat. tit. 15 § 13

In Oklahoma, contributing to the delinquency of a minor is defined as knowingly and willfully encouraging, aiding, or helping a minor to become or remain a delinquent or runaway child. Okla. Stat. tit. 21 § 856

The statute is broad to include a number of circumstances from giving drugs to kids to exposing children to pornography. The broader the statute, the more circumstances it is designed to cover.

Here are several ways that contributing to the delinquency of a minor may arise.

Drugs, Alcohol, and Teens

Teens out looking to score intoxicants will often try to get an adult to get the intoxicant and sell it to them. This could mean a teen sitting outside a liquor store. It could also mean giving or selling drugs to a teen.

All of these actions could be construed as contributing to the delinquency of a minor in Stillwater.

Aiding a Runaway: Special Circumstances

A runaway child in Oklahoma is defined as an unemancipated minor who voluntarily leaves the family home without a compelling reason and without parental or custodial knowledge or permission.

In most cases, helping a child to run away or to stay away from his or her legal guardian is chargeable as contributing to the delinquency of a minor in Oklahoma.

There are special circumstances in which helping a runaway child is not constituted as making a contribution to the delinquency of a minor. If a child is in imminent danger from incest, a life-threatening situation, or an equally traumatizing circumstance, aiding a runaway child is permissible.

However, you must notify the Oklahoma Department of Human Services or local law enforcement of the child’s location within 12 hours in order to avoid prosecution for contributing to the delinquency of a minor.

Contributing to the Delinquency of a Minor: Other Situations

Encouraging a child to engage in an act which would be a felony if an adult committed it is another form of this crime. Facilitating a child in selling drugs, robbery, or shooting another person are just a few examples of acts that are chargeable.

Children in gangs are another special situation. Not only are gang activities highly dangerous, but gangs often use children for certain illegal activities knowing that the children will be treated as minors under the law. Oklahoma law expressly forbids an adult from soliciting a child into gang activities.

There are defenses available to you. The prosecution must prove that you knowingly and willfully aided in or encouraged the activities. If the prosecution is unable to prove this element, there can be no criminal conviction.

For example, while providing alcohol to someone underage is certainly an act that would be considered to be contributing to the delinquency of a minor, there would be no conviction if you were reasonably mistaken about the age of the minor. This could happen if the child had a fake ID that appeared real.

Penalties Can Be Severe

The situations in which this crime arises are quite varied, and so are the penalties.

For a less egregious case, a first offense may be charged as a misdemeanor crime. This is punishable by up to a year in jail, or a fine of up to $1,000, or both.

Subsequent violations, however, are felony crimes. Felony contributing to the delinquency of a minor in Oklahoma is punishable by up to three years in prison, or a fine of up to $5,000, or both.

Even more severe are the penalties for encouraging or helping a child commit a crime that would be a felony if an adult committed it. This type of contributing to the delinquency of a minor is punishable by the maximum penalty allowed by the law for that felony.

For example, if you involve a child in drug crimes, you could spend up to 20 years in prison and face a staggering fine.

If you encourage or solicit a child to participate in illegal gang activities, you could spend up to five years in prison for the first offense. Subsequent offenses are punishable by 5 to 10 years of incarceration.

Since the circumstances of this crime can be so varied, it is important that you hire an experienced Stillwater criminal defense attorney to help protect your freedom. Don’t try to go this one alone. Your freedom may depend on it.