Under California law, you can be arrested and charged with contributing to the delinquency of a minor if your actions or negligence allow a child to engage in criminal acts or truancy. While children brought up in healthy environments can engage in criminal acts and disregard the law, there are situations in which an adult’s actions can cause a child under their care or supervision to become a delinquent.
Contributing to a child’s delinquency is a serious offense charged under California Penal Code 272. Before you face a conviction for this offense, the prosecution must prove that you persuaded a child under eighteen to engage in a criminal act or that your actions and negligence led to the child’s behavior.
If convicted of violating PC 272, you risk facing incarceration and hefty fines. Additionally, your conviction will appear on your criminal record, which is accessible to individuals who perform a background check on you. If you or a loved one faces criminal charges for contributing to the delinquency of a minor, you will require expert legal guidance to navigate your case.
Understanding California Penal Code 272
Contributing to the delinquency of a minor is a crime charged against an adult whose actions or failure to act cause a child to become a delinquent. The prosecuting attorney can charge this offense against parents and guardians responsible for a minor or other adults who could influence a child’s conduct.
For contributing to a child’s delinquency charge to result in a conviction under CPC 272, the prosecution must establish the following elements:
You Engaged in a Certain Act or Failed to Perform your Duty
Under California criminal law, legal guardians and parents are responsible for exercising supervision, reasonable care, and control over their children. As a parent or guardian, you violate PC 272 by acting with criminal intent or criminal negligence. Having criminal intent means you intentionally committed a prohibited act that led to a child’s criminal conduct.
On the other hand, criminal negligence means that your reckless act created a significant risk of injury for a child. Whether your conduct is criminally negligent is determined by the injury by comparing your actions with those of a reasonable individual.
Your Negligence or Failure to Act Contributed to a Child's Truancy or Delinquency
You will be found guilty of contributing to a child’s delinquency if you cause a child to be a habitual truant or a delinquent. A juvenile delinquent is a child found to have committed a crime. On the other hand, a habitual truant is a minor who constantly violates curfew or skips school without a reasonable excuse.
If your negligence causes a child to become a dependent of the juvenile court, you can also be charged with this offense. A minor can become dependent on the court system if they are a victim of neglect, abuse, or maltreatment.
Sentencing and Punishment for Contributing to the Delinquency of a Minor
California PC 272 is charged as a misdemeanor. If you are found liable for this offense, you will face the following penalties:
- Jail sentence of up to one year.
- Fines that do not exceed $2500.
- Misdemeanor probation.
California Penal Code 272 and Sex Offender Registration
If you are convicted of violating Penal Code 272 or of luring a child under 14 years old to engage in lewd conduct, your conviction can result in a requirement to register as a sex offender. Under CPC 290, sex offender registration involves registering your home address, contacts, and name with law enforcement officers in your area and renewing the registration each year.
Your requirements to register as a sex offender will begin immediately after your release from incarceration or other court-ordered programs. Being labeled a sex offender can be a life-changing experience. However, a violation of this requirement could attract serious charges.
Legal defense Against PC 272 in California
The stakes are high for defendants facing charges for contributing to the delinquency of a minor. If you or a loved one is convicted under Penal Code 272, finding the best legal team to help you fight your charges is advisable.
Although the main goal of our defense in this case is to have your charges dismissed, your attorney can help you negotiate a reduced sentence. Common legal defenses you can present in your case include the following:
False Allegations
False allegations are common in California, especially when minors are involved in the crime. You can be falsely accused by a person who is jealous or seeking revenge against you. Additionally, a person could attempt to escape liability for your actions by blaming them on you. Sometimes, false allegations over a crime involving a child can be brought by your child's other parent as they seek favor in a child custody battle.
California family courts are vigilant when awarding child custody or visitation rights. Therefore, if you have a PC 272 conviction, you risk losing custody. If you’re a victim of false allegations of crime under PC 272, your attorney will help you investigate the false allegations and avoid a conviction.
Lack of Knowledge of the Age of the Alleged Victim
You will be charged with contributing to the delinquency of a minor if the diligent victim of your actions or failure to act is a child and ignorant. Some of the acts for which you can be arrested in this case will not result in criminal charges if the recipient is an adult. You can avoid a conviction for this offense by arguing that you didn't know about the actual age of the victim.
For example, if you offer alcohol to your child and dear friends without knowing that one of them is a minor, you can argue your reasonable belief that the person in question is an adult. In this case, the prosecution will have the burden of proving beyond a reasonable doubt that you know the victim's age.
You Could Not Control The Minor
Under California law, parents and guardians must exercise reasonable control over their children. Therefore, you could face charges for this crime if you do something or fail to do something that could have prevented the minor from engaging.
Sometimes, children, especially those over sixteen years old, can become unruly, which makes it challenging for a parent or guardian to monitor their actions and prevent them from engaging in crime.
If your child falls under this category, you can avoid a PC 272 conviction by arguing your inability to exercise reasonable control over the juvenile. Establishing this fact will be easier if your child has run-ins with the law or has been declared a ward of the court.
Frequently Asked Questions on Contributing to the Delinquency of a Minor
You will be charged with contributing to the delinquency of a child if your negligence or failure to perform your duty towards the child teaches them to commit a criminal act or become truant. When you face an arrest and charge for violating PC 272, you may be unsure of the right steps to take for the protection of your rights and to fight the charges. These are frequently asked questions on the offense:
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Can I be charged with violating Penal Code 272 if I allow my child to have a party at home with alcohol involved?
Yes. Although providing alcohol to minors is a separate offense, you can be arrested and charged with contributing to the delinquency of a child if the crime occurs due to your allowing the child to consume alcohol. For example, if you allow minors to consume alcohol and underage individuals to drive while intoxicated after consuming alcohol, you can be found guilty of the crime.
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Does offering a ride to a minor without their parent's consent count as contributing to the delinquency of a child?
Offering a ride to a child is not a criminal act. However, the parents of the minor could be upset about your act and file criminal charges. Before you are convicted of contributing to the delinquency of a minor under these circumstances, the prosecution must prove that you intended to avoid the parents’ consent or acted with criminal intent.
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Can I avoid incarceration after conviction for contributing to the delinquency of a minor?
Yes. Not all defendants who face a conviction for this offense end up in jail. California has three main sentencing options: incarceration, fines, and probation. If you are a first-time offender or do not have a history of violent crimes, the court can sentence you to probation instead of jail time. This means you will serve a probation sentence of one to three years. This time will be spent performing community service.
Probation is a favorable sentence because it allows you to avoid the stigma of spending time behind bars. However, the judge can impose these conditions for your release:
- Pay your court fines.
- Avoid committing other offenses.
- Attend counseling
- Attend parenting classes if your negligence resulted in your child’s delinquency.
- Secure and retain gainful employment.
- Participate in community service.
If you lured or enticed a child to commit a serious or violent crime, the court could issue a protective order against you to protect the child. Although probation can help you avoid incarceration, the court is strict with individuals who violate the terms of their probation.
If your probation officer or law enforcement officers report your probation violation, a probation violation hearing will be held. Depending on the court's findings, the following are common outcomes of a probation violation hearing:
- Reinstatement of your probation with your original terms.
- Probation reinstatement with harsh conditions.
- Probation revocation and reinstatement of the original jail sentence.
- Revocation of your probation and reinstatement of the maximum jail sentence for your offense.
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Can I expunge a conviction for contributing to the delinquency of a minor?
A conviction for violating PC 272 can continue to impact your life long after you serve your jail sentence and pay your fines. Having a conviction for this offense on your record can significantly impact your personal and professional lives. Fortunately, you can use some forms of post-conviction relief to avoid the disabilities of conviction, including expungement.
Under California Penal Code 1203.4, an expungement is a legal proceeding where the court allows you to withdraw your guilty or no contest plea and exchange it for the not guilty verdict before dismissing your case. Expunging your conviction for contributing to the delinquency of a minor will release you from all the disabilities of your misdemeanor conviction.
You will be eligible to expunge your conviction under PC 272 if you meet the following eligibility criteria:
- You have completed your probation sentence. If the court sentences you to probation instead of incarceration after your conviction, you must complete the full probation term. Additionally, you must follow through without the probationary conditions before petitioning the court for an expungement.
- You are not facing criminal charges for another offense.
- You are not serving a sentence or on probation for another conviction.
Expunging your conviction involves filing a petition with the court and attending a hearing. If the court grants you an expungement, you can tell the Free State that you have never been convicted when asked by potential employers.
Find a Skilled Criminal Lawyer Near Me
In California, legal guardians and parents are responsible for exercising reasonable care, protection, and supervision over their children. For this reason, there are times when a child’s criminal acts will be blamed on the parent’s actions. Any adult over 21 who commits an act or omits the performance of duty that encourages the delinquency or truancy of a child can face an arrest and charges for contributing to a minor’s delinquency.
The consequences of a conviction for contributing to the delinquency of a minor go past incarceration, fines, and probation. After your conviction, you will have a permanent criminal record whose consequences you can only eliminate through lengthy and complicated post-conviction relief procedures.
Therefore, if you are charged with violating Penal Code 272, you must be aggressive to fight your charges. Not all defendants who face PC 272 will end up behind bars. You could fight your charges with the top-notch legal guidance we offer at Jonathan Franklin DUI Attorney. We serve all clients battling criminal charges in Los Angeles, CA. Contact us at 323-464-6700 today to discuss your case details.
