What is “contributing to the delinquency of a minor”?

You commit the criminal offense of contributing to the delinquency of a minor when you:

1. commit some act or fail to act in a certain way, and
2. the action or inaction makes a child more prone to engage in illegal activities.

Common examples include:

• allowing your 13-year-old son to stay out after curfew and he gets arrested for underage drinking or DUI,
• letting a 16-year-old neighbor use a spare bedroom to have sex with her 19-year-old boyfriend, and
• furnishing alcohol to a child 12 years of age.

Contributing to the delinquency of a minor is a misdemeanor offense in most jurisdictions (in contrast to a felony or an infraction).

The crime is often punishable by a fine and/or custody in county jail for up to one year.

“Contributing to The Delinquency of a Minor” Defined

The legal definition of contributing to the delinquency of a minor is to commit an act or omission that tends to make a child a juvenile delinquent.¹

Most states have criminal laws in place that set forth similar definitions. For example, in California, a prosecutor must prove the following “elements of the crime” to convict you of this offense successfully:

1. you committed an act or failed to perform a duty, and
2. in doing so, you caused or contributed to causing a minor to become a delinquent child, a habitual truant, or a dependent of the juvenile court.²

Similarly, people in Colorado will face charges of contributing to the delinquency of a minor if they induce, aid, or encourage a child to violate any:

• federal or state law,
• municipal or county ordinance, or
• court order.³

Penalties

Most states say that the crime of contributing to the delinquency of a minor is a misdemeanor offense.⁴

The crime is typically punishable by:

• a fine, and/or
• custody in jail for six months to a year.

Note that most jurisdictions allow judges to grant misdemeanor probation in lieu of imposing jail time.

Best Defenses

Fortunately, yes. Common defenses that you can raise to contest a charge of contributing to the delinquency of a minor charge are:

• the charge is based on false accusations,
• the “child” in question was at least 18 years of age,
• the child acted outside of your control,
• law enforcement arrested you without probable cause.

Please know that you should consult with a criminal defense attorney to learn the best defense that applies to your specific criminal charges.

Note that most criminal defense lawyers and criminal law firms offer free consultations. A free consultation means you can receive legal advice at no cost.

Note that the attorney-client relationship also protects your communications with a lawyer. This means your attorney cannot disclose your communications without first gaining your consent.

Child Abuse Distinguished

No. Contributing to the delinquency of a minor is a separate and distinct crime from child abuse.

You will typically face child abuse charges if you willfully inflict either of the following on a child under 18 years of age:

• any cruel or inhuman bodily punishment, or
• an injury that results in a traumatic condition.⁵

Child abuse can lead to a felony charge punishable by several years in jail or state prison.

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