California Penal Code Section 272 is a serious law that addresses contributing to a minor's delinquency. This law makes it a criminal offense to aid someone under 18 in committing a felonious act.

California Penal Code Section 272 is designed to hold adults accountable for preventing minors from engaging in criminal behavior. It's a crime for an adult to induce or entice a minor to break the law, emphasizing the role of adults in guiding and protecting minors.

This means you can be charged with contributing to the delinquency of a minor if you encourage a minor to commit a crime. For example, if you encourage a minor to commit shoplifting, engage in sexual activity, or furnish them with alcohol, you could be charged with contributing to the delinquency of a minor.

This criminal offense occurs when someone acts or even fails to act, resulting in a minor becoming a dependent of the California juvenile court system, juvenile delinquent, or habitual truant. A dependent child is a minor from an unfit home, lacks proper supervision from parents, is dangerous to the public, or is a victim of physical or sexual abuse.

A delinquent child is a minor who violates the law by committing a criminal offense. Additionally, under closely related California Penal Code Section 272(b), it's a crime for an adult to contact a minor under 14 years old to lure them away from their parents. This applies to adults who are considered strangers with no pre-existing relationship with the minor.

Under California law, a violation of PC 272, contributing to a minor's delinquency, is a misdemeanor. A violation of PC 272(b), luring a child away from their parents, could be charged as a misdemeanor or as an infraction.

In Los Angeles County, a very common example is an adult helping a minor access drugs, alcohol, or tobacco. Another example is someone encouraging a minor to act as a lookout while they commit a burglary. In addition to potential burglary charges, the adult could also face charges of contributing to the delinquency of minors since they encouraged a minor to engage in criminal behavior.

Suppose you have been accused of contributing to the delinquency of a minor. In that case, you should consult with a Los Angeles criminal defense lawyer at Eisner Gorin LLP as soon as possible. A conviction could impact your future employment opportunities for many years, as it may show up on background checks and could lead to difficulties in certain professions or industries.

Our attorneys will first need to examine the specific details and circumstances closely to develop a strategy to obtain the best possible outcome. Now that we have covered a basic overview of contributing to the delinquency of minor charges, let's take a closer look at the legal definition, penalties, potential legal defenses, and how our experienced attorneys can help you navigate this complex legal situation. 

California Penal Code Section 272 

California Penal Code Section 272 legally defines contributing to the delinquency of a minor as:

• (a) (1) Every person who commits an act or omits the performance of any duty which causes or encourages any person under 18 years to come within the provisions of Section 300, 601, or 602 of the Welfare and Institutions Code or which act or omission contributes to, or any person who an act or omission, by threats, commands, or persuasion, induces any person under 18 years, or dependent child of the juvenile court to refuse to conform to a lawful order of the juvenile court, or to do or to perform any act to cause that person to become or to remain a person within the provisions the Welfare and Institutions Code, is guilty of a misdemeanor offense.

In more basic terms, this legal definition means you could be charged with contributing to a minor's delinquency if you commit an act or fail to perform a duty that would encourage a minor to become a dependent of the Los Angeles County juvenile court, a delinquent, or a habitual truant.

Under California law, committing an act or failure to perform a duty means that parents or legal guardians have a legal duty to exercise reasonable care, supervision, and control of the minor. Simply put, parents are responsible for their kids. In order to be found guilty of contributing to the delinquency of a minor, the prosecutor must be able to prove that you acted, or failed to act, with general criminal intent or criminal negligence.

General criminal intent simply means your acts were on purpose. There is no requirement that you had the intent to break the law.

Criminal negligence means that your acts were reckless to a point where they created a high risk of great bodily injury or death. For instance, leaving minors unsupervised in a dangerous situation or providing them with substances that could harm them could be considered criminally negligent.

Causing a Minor to Become a Dependent of the Juvenile Court

Under California Penal Code Section 272, causing a minor to become a dependent of California's juvenile court system can apply for different reasons, including: 

• If they are a victim of child neglect, child abuse, or sexual abuse;
• If they suffer emotional damage from mistreatment by parents or legal guardians;
• If they are subjected to acts of cruelty by a household member;
• If they are left without any means of support;
• If their sibling becomes a victim of neglect or abuse.

A dependent of the juvenile system is a minor whom the court decides to intervene and act as their guardian. This is common in a case when Los Angeles County Child Protective Services removes a minor from their home due to alleged neglect or abuse.  

If you cause or encourage a minor to become a juvenile delinquent, you caused a minor to commit an act that resulted in a conviction in a Los Angeles County juvenile court. Normally, charges of contributing to a minor's delinquency are formally filed after they are found guilty in California's juvenile court process.

To become a habitual truant, a minor routinely refuses to obey reasonable rules from their parents or guardians, violates curfews, or has four or more unexcused absences from school during a school year. If you have questions, contact our Los Angeles criminal defense law firm. 

Luring or Transporting a Minor Under 14 Years Old

California Penal Code Section 272(b) criminalizes the act of luring or transporting a minor under the age of 14 years. If you are 21 years and older, you could face criminal charges of contributing to the delinquency of a minor if you transport or lure any minor under 14 when there is no pre-existing relationship.

In order for the Los Angeles County prosecutor to obtain a conviction, they must be able to prove:

• You knowingly communicated with a minor under 14 years old;
• You knew, or should have reasonably known, the minor was under 14 years old;
• you intended to persuade, lure, or transport them away from their parents or legal guardian without expressed consent, and;
• you intended to avoid the consent of their parents or legal guardian.

You can't be guilty of the criminal offense of luring or transporting a minor under 14 years old unless you are an adult and a stranger to the minor. You have to be at least 21 years old and have no substantial relationship with the minor or established a relationship for the primary purpose of making them a victim. Call a Los Angeles criminal defense lawyer at our law firm for additional information. 

Legal Penalties

If you are convicted of contributing to the delinquency, in violation of California Penal Code Section 272(a), you are guilty of a misdemeanor crime. The legal penalties include up to 1 year in a Los Angeles County jail, a fine of up to $2,500, and summary probation for up to 5 years.

If you are convicted of luring or transporting a minor under 14 years, in violation of California Penal Code Section 272(b), you are guilty of a misdemeanor crime. The legal penalties include up to 6 months in a Los Angeles County jail, a fine of up to $1,000, and summary probation. However, if you were charged as only an infraction, it would result in just a fine of up to $250. 

Sex Offender Registration

If convicted of contributing to the delinquency of a minor or luring a minor under 14 years old, and your criminal offense involved engaging or intending to engage in lewd or lascivious conduct towards the minor, you could be required to register as a sex offender under California Penal Code section 290.

Typically, you would face this mandatory registration if your conduct was specifically intended for sexual gratification. If the courts order sex offender registration, it would mean that you must register your home address every year with your local Los Angeles police station.

If you fail to register, you could face new criminal charges of failure to register as a sex offender.

Legal Defenses

An experienced Los Angeles criminal defense attorney at our law firm can use a wide variety of legal defenses on your behalf. Any legal strategy against charges of contributing to the delinquency of a minor would require a thorough look at the facts and circumstances. The legal defenses include:

False accusation – It's not uncommon in Los Angeles County for people to be falsely accused of improper conduct with minors. In some cases, minors will make a false allegation of a crime against someone as an act of revenge, or they are simply seeking attention.

In other cases, an adult could make a false allegation against you because they know how aggressively these types of cases are prosecuted. Their goal of the false accusation could be an attempt to ruin your reputation or used to gain an advantage in a child custody case. Our criminal lawyers may be able to gather enough evidence to prove the allegations are false. 

You had a reasonable belief they were not minors – In some cases, minors may look or even act much older than their actual age. If you had a reasonable belief you were an adult; your lawyers might be able to convince the prosecutor you are not guilty of contributing to the delinquency of a minor.

A common example is someone buying a drink for a minor in a bar. The minor gained entry by using a fake ID card, stating they were 21 years old. Our attorneys may be able to argue that since the minor concealed their real age, you should not be found guilty of contributing to the delinquency of a minor.

The minor has severe behavioral disorders and is difficult to control – In some cases, you may be a parent with a minor who is next to impossible to control. Los Angeles County prosecutors can charge parents whose child is always truant from school or convicted in a juvenile court.

They could argue that you failed to provide care and supervision, thus criminally negligent. Additionally, California law makes exceptions for those who are a legal guardian of a minor with a behavioral disorder.

Our criminal attorneys may be able to show you acted reasonably to control your child. We might be able to prove they have a mental disorder or are around the wrong crowd at school. If we are successful, you should not be found guilty of contributing to the delinquency of a minor.

Related Criminal Offenses

Under California law, many other closely related offenses could be charged in addition to, or maybe even instead of, contributing to the delinquency of a minor. These include:

• California Health & Safety Code 11361 - Furnishing a Minor with Marijuana,
• California Penal Code Section 288.2 – Sending Harmful Material to a Minor,
• California Penal Code Section 653(b) – Loitering at School,
• Business & Professions Code 25658 - Furnishing Alcohol to a Minor,

Furnishing alcohol to a minor is related to contributing to the delinquency of a minor and is probably the most common related offense in Los Angeles County. It's a crime to supply alcohol to a minor. It includes giving and selling alcohol to minors and any adult under 21 years old. 

Call a Los Angeles Criminal Defense Lawyer

If you are facing allegations of contributing to the delinquency of a minor, you would be wise to contact a Los Angeles criminal defense attorney at Eisner Gorin LLP.

Let our lawyers evaluate your case in order to determine an effective strategy to defend you. We have a track record of success and will aggressively fight for the best possible outcome of your case. We offer a free immediate response. Call our lawyers at 877-781-1570. Eisner Gorin LLP 1875 Century Park East #705 Los Angeles, CA 90067 310-328-3776

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