Society expects adults to guide minors to make legally, morally, and ethically sound choices. Any adult who contravenes this expectation is frowned upon. This standard has also been set in law. It is illegal to help or persuade a minor to commit juvenile delinquency acts. Doing so violates PC 272, and a conviction results in fines and time behind bars.

Understanding Contributing to the Delinquency of a Minor

PC 272 was enacted as a safeguard against adults allowing or causing minors to engage in criminal behavior. An adult, according to the law, is any individual above 18 years. Persons under 18 years are minors.

There are two ways you can contribute to the delinquency of a minor, as detailed under PC 272.

  • Failing to act or acting in a manner that a minor becomes a juvenile delinquent, a dependent of the juvenile court system in California, or a habitual truant, a violation of PC 272(a).

  • Knowingly contacting or communicating with a minor under 14 years of age in an effort to lure them from their guardians or parents, which is a violation of PC 272(b). To be convicted, you must be a stranger to the minor (no pre-existing relationship with the minor) and over 21 years of age.

What are some examples of actions that contribute to the delinquency of a minor?

The spirit of the law is to protect children from adult influence to commit crimes. Therefore, there is no limit to the activities that could result in PC 272 violation charges. Here are a few examples of actions considered as enough for prosecution under PC 272.

  • Allowing or encouraging a minor to consume illegal substances and/or alcohol

  • Supplying children with alcohol and/or illegal drugs

  • Keeping a minor of school

  • Persuading a minor to commit a criminal act

  • Allowing children to beg on the streets or be homeless

  • Providing a minor with a fake ID

  • Allowing or encouraging a minor to engage in sexual acts

  • Accompanying a child while they commit an offense

  • Sending obscene or pornographic material to a minor

  • Luring an 11-year old child to your vehicle by telling them their parents requested you to pick them up from school

What Prosecutors Must Prove for a Conviction Under PC 272

Prosecutors bear the burden of proof. Thus, they must prove the following elements of the offense beyond a reasonable doubt for you to be found guilty of the crime under PC 272(a).

  • You, the defendant, failed to perform a duty or committed an act, and

  • In doing so, you contributed or caused a minor to become a habitual truant, a delinquent, or a dependant of the juvenile court system

Pursuant to this statute, parents and legal guardians have a legal duty to exercise reasonable care, protection, supervision, and control over a child’s actions.

Prosecutors need to establish general criminal intent or criminal negligence in your actions. For general criminal intent, you must not only fail to act as expected or commit a prohibited activity but must carry out said actions willfully.

When addressing criminal negligence, prosecutors must demonstrate that you:

  • Acted recklessly in a manner that created a high risk of significant bodily injury or death, and

  • A reasonable individual would have known said actions, or the course of these actions would create the risk of significant injury or death.

Delinquency, Dependent of California’s Juvenile Court System, and a Habitual Truant

You can only be found guilty of a crime under PC 272 if it is proven you contributed to a minor’s delinquency, habitual truancy, or dependency on the juvenile court system.

Pursuant to this statute, a delinquent child refers to a minor found to have committed a crime.

A habitual truant, on the other hand, points to a child who:

  • Has violated an age-based curfew

  • Continually or habitually refuses to obey reasonable instructions or orders issued by his/he parents or guardian, and/or

  • Has four or more unexcused school non-attendance in a school year

Finally, minors depend on the juvenile court system for any of the following reasons:

  • They are victims of child neglect

  • They are victims of child abuse

  • They were sexually abused

  • They lack any means of support

  • Their sibling(s) are victims of neglect or abuse

  • They suffer significant emotional damage owing to neglect or mistreatment by a guardian or parent and/or

  • They are or have been subjected to cruelty by a member of the household

Violation of PC 272(b)

A guilty conviction for Knowingly contacting or communicating with a minor under 14 years of age to lure them from their guardians or parents requires prosecutors to establish that you had no substantial pre-existing relationship. Any significant relationship goes beyond just mere acquaintanceship.

In their case, prosecutors must prove the following:

  • You intentionally communicated or contacted a child aged below 14 years.

  • You knew or should have reasonably known that the minor was below 14 years of age.

  • You intended to lure, persuade or transport the child away from his/her legal guardian or parents or from a location the parent’s or guardian expected the minor to be.

  • You did the aforementioned actions without the express consent of the child’s parents or guardian and intended to avoid consent from the minor’s parents or guardian.

Penalties for a Conviction Under PC 272

Contributing to the delinquency of a minor under PC 272(a) is a misdemeanor offense. A conviction results in a fine of up to $2,500 and a jail sentence of no more than one year.

Transporting or luring a child under 14 years of age, a PC 272(b) violation, is charged as an infraction for a misdemeanor. An infraction is punishable by a $250 fine.

On the other hand, misdemeanor convictions are punishable by a $1,000 fine and a maximum of 6 months in jail. You can also remain on probation to avoid jail time if the judge so orders.

Defending Against a Contributing to the Delinquency of a Minor Charge

Every case has unique circumstances. A criminal defense attorney will choose a winning defense strategy based on the circumstances of your case. However, there are common defenses your attorney can use, including:

You Reasonably Believed That The Individual Was Not a Minor

You will not be found guilty under PC 272 if you reasonably believed the person you dealt with was an adult, that is, over 18 years. In most cases, defendants reasonably believe that the individuals they dealt with were above 18.

For example, it is assumed that everyone inside the bar is 21 years or over. Jim buys Sandra an alcoholic drink. It later turns out that Sandra’s actual age was 16, but she gained access to the bar using an ID that stated she was 21.

In this case, Jim reasonably believed that Sandra was above 21 years. He can therefore use this argument in addition to her concealing her true age in his defense.

You Could Not Reasonably Control the Minor

Under the statute, parents and guardians are expected to exercise reasonable care, protection, supervision, and control over a child’s actions. This provision creates an exception for parents or guardians dealing with children who are impossible to control due to a behavioral disorder. You must present evidence to support your allegations of a behavioral disorder.

You Were Falsely Accused of the Crime

False allegations are not uncommon. Both adults and children may make false claims that you contributed to the child’s delinquency.

For adults, most of these accusations stem from protracted and bitter custody battles. Your intimate partner may accuse you of contributing to a child’s delinquency to secure a favorable ruling in a child custody case. The kids may allege you committed the crime to seek attention or pursue revenge.

A credible attorney will establish and present the evidence of false accusations in your defense.

It is worth noting that a defense attorney’s contribution in your case improves the chances of having the best outcome. Therefore, based on the circumstances of your case, your case could either end in a dismissal or reduced punishment or the offense.

California Law Reading School Attendance

As pointed out earlier, failure to reasonably attend school amounts to truancy. Parents and guardians are expected to ensure children between the ages of 6 and 18 attend school without fail. Education Code 48260 is the reference point when handling truancy when school is concerned.

Education Code 48260 defines truant children as those who are

  • tardy three times in a school year,

  • absent for three whole days in a school year, or

  • absent three times in a school year, for more than 30 minutes,

without a valid reason.

The statute further defines chronic truants as students who failed to attend school 10% of the school year. By this very definition, most students were involuntarily truant during the COVID-19 pandemic because they lacked access to the internet, which was pivotal in attending online learning.

A valid reason will excuse a student’s non-attendance. If excused, the child is not a truant.

So what reasons excuse a child’s non-attendance?

The statute details 11 reasons that can be used to excuse a student’s non-attendance. The student will be excused if:

  1. He/she was ill

  2. The student has a medical appointment — The appointments include visits to vision, dental, or chiropractic professionals.

  3. Local health officials issued a quarantine notice, as experienced during the COVID-19 pandemic.

  4. An immediate family member died, and they are to attend their funeral service.

  5. There are justifiable reasons approved by the school, including court attendance, observation of a holiday, or attendance of a ceremony as per the student’s religion.

  6. They have an immediate family member who is a uniformed service member on active duty and need to spend time with them.

  7. The student is to be naturalized to become a US citizen at a naturalization ceremony.

  8. He/she has jury duty.

  9. He/she is required to serve as a board member of a precinct board for an election.

  10. He/she is required to participate in a cultural ceremony or event.

  11. The school’s administrator, while exercising their discretion, authorizes the non-attendance.

You can fight off the child’s truancy label by showing proof of the exception.

Children being educated in alternative programs are not truants. Some of the examples of these programs include home-schooling, private tutoring, attendance at a private institution, and advanced placement education.

While you may be charged under PC 272, prosecutors can also pursue >PC 270.1(a) charges (failing to supervise a student’s school attendance). The offense is a misdemeanor. If convicted, you could spend up to one year in jail and part with $2,500 in fines.

Frequently Asked Questions with Respect to Contributing to the Delinquency of a Minor

Parents and guardians face certain situations in life that beg the question, “Am I liable in these situations?”

Can I Be Charged Under PC 272 For Offering My Neighbor’s Underage Child Without Telling Them?

You may not be prosecuted for a PC 272 violation at first instance. As a neighbor, there is a possibility you are not a stranger to the minor. However, should the parents or guardians press charges, prosecutors could pursue the case.

In this case, they will have to prove you intended to avoid the child’s parents or guardian’s consent. Further, they will have to prove that you acted with criminal intent.

If I Let My Child Have A House Party And They Serve Alcohol In The Party, Am I Liable For Contributing To A Child’s Delinquency?

Yes, you are liable for contributing to the delinquency of a minor. Prosecutors will argue that you should have reasonably known that alcohol would have been served in the party even if you did not supply the alcohol.

If you supplied the alcohol, prosecutors would pursue furnishing alcohol to a minor charge, a violation of BPC 25658, or furnishing marijuana to a minor charge, an HS 11361 violation if you supplied the minors with marijuana.

Additionally, you will also be liable under PC 272 for any crimes committed by the minors, for example, driving under the influence of drugs or alcohol.

For Situations That Force Me To Pick My Child From School Or A Public Place Past Curfew Hours, Can It Be Charged For A Pc 272 Violation?

Yes. This action may be considered as child neglect. Children under 18 years are not expected to be in a public place or a pirate establishment open to the public unattended past 10 pm.

Additional Charges Prosecutors May Introduce

Alcohol, drugs, and harmful material aggravate a PC 272 charge. If any of the three are elements in your case, prosecutors may introduce additional charges.

Furnishing Alcohol to a Minor, a BPC 25658 Violation

Prosecutors will introduce BPC 25658 violation charges if you furnish or sell alcohol to a minor. Minor under this statute is 21 years, as that is the legal drinking age.

A conviction results in misdemeanor penalties, with each circumstance being penalized differently, as detailed below.

  • Selling or providing alcohol to an individual below 21 years but the minor’s drinking does not result in the death or great bodily harm of another person — A 24-hour minimum community service and $1,000 in fines.

  • Selling or providing alcohol to an individual below 21 years and the minor’s drinking results in another person’s death or great bodily harm — $1,000 in fines and six months to one year in jail.

  • An on-sale licensee allowing an individual under 21 years to consume alcohol in the on-sale premises — Community service for 24 to 32 hours and fines up to $250

Parents or guardians who allow their under 18 children to consume alcohol or controlled substances in their residence will be punished by a $1,000 fine.

Furnishing Marijuana to a Minor, an HS 11361 Violation

It is a crime under HS 11361 for adults to:

  • Induce minors to use marijuana

  • Offer, give, or sell marijuana to a child below the age of 18 years

  • Use or employ an individual below 18 years to give away, sell, or transport marijuana

A conviction results in a 3, 5, or 7-year prison sentence. If the child is at least 14 years, you could spend 3, 4, or 5 years in prison.

Sending Harmful Material to a Minor, a PC 288.2 Violation

It is a crime to exhibit, distribute, or sell obscene or harmful material to an individual under the age of 18 with the intent to arouse or engage in sexual acts with the minor sexually.

The crime is punishable either as a misdemeanor or a felony. Misdemeanor charges attract a fine of $1,000 and a jail term of up to one year. Felony offenders face a fine of up to $10,000 and a prison term of no more than three years.

Engage an Experienced Criminal Defense Attorney Near Me

If you are facing contributing to the delinquency of a minor in Los Angeles, you are in a better position to fight off these allegations with the help of an experienced attorney. Reach out to The LA Criminal Defense Law Firm. Call us at 310-935-1675 for a case assessment.