Contributing to the Delinquency of a Minor 18.2-371

Defining Contributing to the Delinquency of a Minor Under 18.2-371

Violation of contributing to the delinquency of a minor per 18.2-371 involves an adult, including a child’s parent deliberately encouraging, contributing to, or causing an act, condition, or omission that makes a minor delinquent, requiring supervision, requiring services, or neglected or abused as defined by VA. Code 16.1-228. The crime also involves participating in consensual anal intercourse or sexual intercourse with or performing cunnilingus, anilingus, or fellatio by or upon a juvenile at least 15 who is not the defendant's grandchild, child, or spouse.

Below are key legal terms and phrases to help you understand the above definition.

Willful Contribution

It means you engaged in conduct intentionally and deliberately. The prosecution should prove this fact of the offense by showing that you knew what you would do and the repercussions of your behavior.

It can also mean not taking action when you are obligated to act so or failing to do something specific. Guardians and parents should take care of their children and play a significant role in their children’s delinquency. Consequently, the prosecution should establish that you were so negligent that your conduct created a threat to your children, and you had a reasonable understanding of the behavior’s potential risks.

Minor or Child

It refers to any person below 18.

To satisfy this fact of the crime, the prosecution must show that your behavior resulted in the delinquent conduct of a minor if they were under 18.

You should note that you cannot use the fact that you did not know the alleged victim being a minor as a valid legal defense.

Domestic Violence Per Section 16.1-228

Domestic violence is conduct involving threats, sexual assault, severe injuries, reasonable fear of death, and violence. Behaviors that fall within this code include stalking, sexual assault, forceful detention, or crimes that lead to bodily injuries.

Delinquency of a Minor

Also called juvenile delinquency, the delinquency of a minor happens when a minor commits either a felony or misdemeanor before attaining the age of majority.

Consensual Sexual Intercourse

The prosecution team can also file criminal charges against you if you engage in sexual activity with permission from a child. Consensual sexual intercourse implies that both you and the juvenile had agreed to engage in sexual conduct. While you and the minor had agreed, the conduct is a crime since a child is involved, and the law considers it exploiting the minor.

The law defines the terms “knowledge” or “carnally know” to depict sexual behaviors below:

• Cunnilingus (Oral sex committed by a male on a woman)

• Anal intercourse

• Fellatio (Oral sex by a woman on a man)

• Anilingus (Oral sex entailing the defendant’s mouth on their victim’s anus)

• Sexual intercourse

• Inanimate or animate sexual penetration using a finger or an object on the anus or vagina

Instances that Can Result in Criminal Charges

Some of the seemingly innocent instances that can lead to criminal charges include the following:

• Failing to supervise your child — You can face criminal charges for failing to address known behavioral issues or enabling chronic truancy. Typically, these situations originate from insufficient oversight or offering assistance in activities that could hurt the child.

• Substance abuse and alcohol-related situations — A parent hosting a teenage party can contribute to juvenile delinquency by permitting underage drinking or substance abuse on their property.

Factors that Lead to Juvenile Delinquency

Understanding factors contributing to juvenile delinquency can help determine their impact in your criminal case. These factors include the following:

• Violence at home — A home is where your child learns what kind of person they will become. If violence is all they encounter, they can become violent individuals themselves.

• Substance abuse — Exposure to substance abuse results in dependence over time and the development of unhealthy coping mechanisms. Typically, these people violate laws they would not have thought otherwise.

• Peer pressure

• Poor school performance

• Socioeconomic factors — Children residing in poorer neighborhoods are more prone to commit offenses because they feel they must act so to survive.

• Reduced quality of education

Penalties and Consequences

Prosecutors file a violation of contributing to the delinquency of a minor per 18.2-371 as a Class 1 misdemeanor punishable by the following potential penalties:

• One year of incarceration

• Fines not exceeding $2,500

The judge might order you to avoid contacting the juvenile and to enroll in an educational or counseling program to prevent reoffending. Additionally, you will have a criminal record that will impact your ability to acquire lucrative jobs, affordable housing, loans, and educational opportunities.

Legal Defenses

The prosecutor must prove beyond a reasonable doubt that you intentionally aided a child’s delinquency. Your defense lawyer will build your case defense by disputing evidence and using tactics that emphasize identifying case inconsistencies, looking for constitutional rights violations, casting doubt on witnesses’ credibility, and looking for discrepancies in the prosecutor’s case.

Some of the legal strategies you and your lawyer can use to fight the criminal charges include the following:

You Were Falsely Accused

False accusation is a common phenomenon in cases involving children. A person can falsely accuse you to seek vengeance, due to jealousy, or anger.

If you are a victim of false accusation, your lawyer should collect evidence and investigate the matter thoroughly to disprove any proof against you. The court can dismiss the matter if you present compelling arguments.

Involuntary Intoxication

Some minors are so mischievous that they intoxicate their parents to indulge in crime. It is a common phenomenon in homes with alcoholic guardians or parents. The children can take advantage of the alcoholism to engage in criminal activity or hold a party.

While involving alcohol in legal defense is not a good idea, in this case, it can help in lowering your criminal charges.

You Were Unconscious

As a guardian or parent, your minor child can decide to engage in crime while you are unconscious. The judge can excuse you from the conduct if the juvenile committed the crime while you were asleep, involuntarily intoxicated, or sick.

Voluntary intoxication is not a viable legal defense; the court will assume that you knew of your conduct’s potential consequences.

Police Entrapment

Police entrapment occurs when a law enforcer forces you to commit a crime.

In this case, you should prove there were threats, coercion, or harassment that resulted in the criminal action. You can argue that the police entrapped you into abandoning the minor due to constant threats to shoot or arrest them.

You are Unable to Control the Minor

The law considers delinquency of a minor under 18.2-371 based on a parent’s responsibility for their child. Prosecutors accuse parents of negligence in their parental responsibilities, resulting in their children’s delinquency.

Nevertheless, the court cannot convict you if you acted reasonably but could not regulate your child’s conduct. Factors that can lead to the minor’s misconduct include living with a non-custodial parent or a mental health disease.

Related Crimes

Below are crimes that the prosecutor can file alongside or instead of contributing to the delinquency of a minor per 18.2-371.

Abuse and Neglect of Children per Section 18.2-371.1

Any individual responsible for a minor’s care, including a guardian or parent who refuses or omits to offer care for a minor’s health permits or causes serious injury to the child’s health or life, is guilty of a Class 4 felony. The crime attracts ten years of incarceration and $100,000 in fines.

Serious injuries include fatal internal injuries, mutilation, fractures, maiming, severe burns, and disfigurement.

Carnal Knowledge of a Child Between 13 and 15 Years of Age per Section 18.2-63

If you carnally know, without application of force, a minor at least 13 but below 15, the judge will convict you of a Class 4 felony. The crime carries the following maximum penalties:

• Ten years in prison

• A fine of $100,000

If you carnally know, without applying force, a juvenile at least 13 but below 15 who consents to sexual intercourse, and you are older than the minor by three years, you will face Class 6 felony charges, punishable by up to five years in prison and a fine of $2,500. On the other hand, if you are less than three years younger than the child, you will face Class 4 misdemeanor charges punishable by $250.

When determining whether you are older than the alleged victim, the judge will consider the actual date of the juvenile and the defendant.

Regarding this section, carnal knowledge includes sexual acts like sexual intercourse, fellatio, anal intercourse, inanimate object sexual penetration, anilingus, and cunnilingus. Also, the law considers a minor under 13 unable to consent to sexual conduct.

What Happens After Hiring a Criminal Defense Attorney

The stress and uncertainty of handling a criminal case should disappear once you retain a lawyer. The attorney will develop a defense strategy and handle your everyday defense tasks. Below is a breakdown of what to expect:

• Handling all communications on your behalf — The attorney will be present whenever law enforcers speak with you, and all communications with the court will go through the lawyer. That way, the lawyer will prevent you from self-incrimination and ensure no one violates your legal rights.

• Develop an effective legal defense — The attorney will collect and analyze case evidence and the police's proof against you. They will also interview witnesses and review relevant laws. The legal counsel can engage an expert witness to dispute the proof against you, depending on the facts of your case. All these activities will help them develop the best case defense.

• Updating you on what will happen next — Since a lot is at stake, you might be anxious about what will happen next in your contributing to the delinquency of a minor per 18.2-371 criminal case. Your attorney will ensure you know what to anticipate at all stages of the case so that you can be prepared.

• Ensure you meet court deadlines — Filing out incorrect or incomplete paperwork or missing your court filing can complicate the criminal case. Your attorney can prevent these errors from occurring.

What to Do After Retaining a Criminal Defense Attorney

Proactive actions to take after retaining a defense lawyer include the following:

Understand How the Attorney-Client Relationship Works

Your legal counsel has the professional obligation to protect your interests. The responsibility involves maintaining the confidentiality of your information; the lawyer must not disclose whatever you tell them. Otherwise, they will face professional disciplinary actions.

Therefore, you must not withhold details about your case from your lawyer, as it may impact their capacity to defend you. The attorney-client privilege keeps your discussions private.

Collect and Provide Relevant Records

Once you employ an attorney, gather relevant documentation and proof about your case. It can include emails, texts, videos, photographs, or anything that supports your defense or demonstrates your innocence. Ensure you hand over all documentation to your attorney immediately. Avoid concealing case details; any unrevealed detail discovered later could hurt your case.

Maintain an Open Line of Communication

Clear and regular communication with your legal counsel is vital to your case. The communication involves your lawyer updating you about your case developments, answering your queries, and addressing your concerns.

Understand the Judicial Process

Ensure you comprehend the components of the court process, including plea bargains, plea trial hearings, trials, verdicts, and sentencing. Request your attorney to help you fully understand the legal process.

Prepare for Court Proceedings

Your attorney will assist you in preparing for court hearings. They will advise you on what to carry, say, and wear, and what to avoid saying. You should be respectful and punctual in the courthouse. Your demeanor could significantly affect how the judge perceives you.

You Should Comply with All Court Orders and Laws

Your conduct outside of the courtroom could also impact your case’s outcome. You must obey every court order and pretrial release condition to avoid additional legal trouble. Your lawyer will advise you on the dos and don’ts throughout the case.

Practice Patience

The court process can take more time than expected. Patiently trust that your legal counsel is doing everything possible to secure the most favorable case outcome.

Knowing Your Miranda Rights

Miranda rights apply when a defendant is in police custody and law enforcement is interrogating them. Interrogation means questioning or conduct by police that can elicit incriminating responses.

These rights are as follows:

Right to Remain Silent

The Fifth Amendment to the United States Constitution protects you from self-incrimination. Therefore, you can legally refuse to answer police officers' questions during interrogations, other than questions about your personal information.

Staying silent is not sufficient when invoking this right. Instead, you must say, “ I invoke my right to remain silent,” which leaves no ambiguity and makes the officers stop interrogating you.

If you decide to talk to the law enforcer, they can use whatever you say as proof against you. Even when you think the statements are exculpatory or harmless, the police can use them to undermine your case’s credibility or take them out of context. That is why you should be cautious and consult your defense attorney before talking with the police.

Right to Attorney Representation

The entitlement to legal counsel during police interrogation involves notifying the officers that you wish to contact a lawyer or have one present during your questioning. You can request an attorney at any time during the interrogation, even when you have begun answering questions. Once you request an attorney, the police should stop questioning you until your lawyer is present.

The legal counsel will protect your rights, guide you on responding to police questions, and ensure the police do not intimidate or coerce you into making statements.

The Sixth Amendment of the U.S. Constitution also states that each person facing a trial has the right to a lawyer. If they cannot afford one, the court must provide one for them at no cost.

What Happens When Police Violate Your Miranda Rights?

Regrettably, not every police officer abides by the Miranda rights, and a violation can significantly affect your case. Perfect examples of police violations include the following:

• The police questioning you without reading your Miranda rights

• The interrogation officer continues to question you after you have requested a lawyer or invoked the right to remain silent.

• The police officers' use of intimidating or coercive strategies to elicit statements or a confession from you

If the police violate your Miranda rights, your statements could be inadmissible in court. The exclusionary rule is a deterrent against illegal police practices and safeguards the integrity of the criminal judicial process.

Your lawyer will bring a motion to suppress statements acquired in breach of the Miranda rights. If the judge grants the request, the court excludes the statements from proof, which can weaken the prosecutor’s evidence against you.

How to Know You are Under Police Investigation

There are several telltale indicators that you are under investigation by police officers. These signs can include the following:

• Law enforcement agents contacting you — Police officers can call or come to your residence to discuss a criminal matter.

• Police officers questioning your friends, family, spouse, or co-worker

• Presence of police officers or unidentified vehicles close by — Another indicator can be if you spot law enforcement agents or unmarked cars near your workplace or residence, or someone trailing you. The police officers may change cars and officers periodically to conceal their investigation.

• Receiving new social media requests — You must be cautious of who you interact with on social media sites. Sometimes, police officers can attempt to befriend you and then search your social media accounts for proof they could utilize to prosecute you for a crime.

Do’s and Don’ts When Speaking on the Phone While in Police Custody

You should do the following when making calls from jail to safeguard yourself:

• Refrain from discussing the alleged incident — Invoke your right to remain silent by not addressing the circumstances relating to your arrest or the alleged offense. The prosecution may use statements you make against you.

• Limit the amount of details you reveal to your lawyer — Your phone call to your lawyer may be secretly recorded. However, you can freely talk to them in person after they come to have an audience with you.

• Do not admit guilt — You should avoid saying things that may be construed as an admission of guilt.

• Do not mention your bond process — To avoid mistakes potentially harming your case, ask your defense lawyer whether it is appropriate to talk about bond over the phone.

• Speak about general matters — Talking about things like caring for children or pets can have no adverse effects on your case.

Find Skilled Legal Representation Near Me

Northern Virginia and Fairfax do everything to safeguard minor children from threats and harm, even when it originates from their guardians and parents. Contributing to the delinquency of a minor under 18.2-371 bans encouraging or causing conduct rendering children delinquent. It is a Class 1 misdemeanor punishable by a year and a fine not exceeding $2,500. The crime could also result in additional penalties like no contact with the juvenile, required counseling and education programs, and collateral consequences affecting your future after serving time. Virginia Criminal Attorney can help you navigate the complicated legal process and ensure law enforcers protect your rights and you receive a fair ruling. We can also collect and review evidence to develop a viable legal defense for your criminal charges. Please call us at 703-718-5533 to book your no-obligation case review.