||What are the upper and lower ages of delinquency and status offense jurisdiction?
||In the majority of states, the upper age is 17 and the lower age is not specified for delinquency and status jurisdiction.
Note: Information is as of the end of the 2018 legislative session. NS: lower age not specified.
*In Washington the lower age of delinquency jurisdiction is applied through a state juvenile court rule, which references a criminal code provision establishing the age youth are presumed to be incapable of committing a crime.
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- The upper age of jurisdiction is the oldest age at which a juvenile court has original jurisdiction over an individual for law violating behavior. An upper age of 15 means that the juvenile court loses jurisdiction over a child when they turn 16; an upper age of 16 means that a juvenile court loses jurisdiction when a child turns 17; and an upper age of 17 means that a juvenile court loses jurisdiction over a child when they turn 18.
- State statutes define which youth are under the original jurisdiction of the juvenile court. These definitions are based primarily on age criteria. In most states, the juvenile court has original jurisdiction over all youth charged with a criminal law violation who were below the age of 18 at the time of the offense, arrest, or referral to court. Some states have higher upper ages of juvenile court jurisdiction in status offense, abuse, neglect, or dependency matters - often through age 20.
- Many states have statutory exceptions to basic age criteria. The exceptions, related to the youth's age, alleged offense, and/or prior court history, place certain youth under the original jurisdiction of the criminal court. This is known as statutory exclusion.
- In some states, a combination of the youth's age, offense, and prior record places the youth under the original jurisdiction of both the juvenile and criminal courts. In these situations where the courts have concurrent jurisdiction, the prosecutor is given the authority to decide which court will initially handle the case. This is known as concurrent jurisdiction, prosecutor discretion, or direct filing.
Several age boundary changes have been enacted but are not effective until after 2018:
- In California, prior to 1/1/2019, the lowest age for an adjudication of delinquency is not specified. Pursuant to California S.B. 439, effective 1/1/2019, minors under age 12 are not within the juvenile court's jurisdiction unless they are alleged to have committed one of several serious offenses.
- In Louisiana, the highest age an individual's alleged conduct can be considered a "delinquent act" is 16. Pursuant to Louisiana S.B. 248, beginning 3/1/2019 certain non-violent conduct of a 17 year old may be considered a delinquent act, and on 7/1/2020 all conduct of a 17 year old will be included, assuming no further change to the definition of a "delinquent act."
- In New York, A3009C (signed 4/10/2017) raised the age through 16 effective 10/1/2018, and through age 17, effective 10/1/2019.
- In North Carolina, SL2017-57 raised the age through 17, effective 12/1/2019.
- In Michigan, starting in October 2021, 17-year-olds will no longer automatically be treated as adults in the criminal justice system.
- In Missouri, the highest age an individual's (alleged) conduct can be considered delinquent is 16. Pursuant to Missouri S.B. No. 800, effective 1/1/2021 the threshold age will be 17 instead.
- In South Carolina, the highest age an individual's (alleged) conduct can be considered delinquent is 16. On 6/6/2016, South Carolina's Act 268 was signed to raise the age through age 17, effective 7/1/19, pending implementation.
- In Vermont, Act 201 of 2018 (signed 5/30/2018) raises the age to 18 effective 7/1/2020, and through age 19, effective 7/1/2022. While the implementation is pending, the definition of a juvenile proceeding in Vermont under VT ST §§ 5102 and 5103 allows juvenile jurisdiction to be sought through Vermont's youthful offender provisions (blended sentencing) for youth through age 21.
Internet citation: OJJDP Statistical Briefing Book. Online. Available: https://www.ojjdp.gov/ojstatbb/structure_process/qa04102.asp?qaDate=2018.
Released on December 13, 2019.
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