Contributing to the Delinquency of a Juvenile

Contributing

Raleigh, NC Defense Lawyer - Wiley Nickel 

Contributing to the Delinquency of a Juvenile

I was recently asked about the elements for the crime of contributing to the delinquency of a juvenile. More specifically what does the state of North Carolina have to prove to convict someone of this crime?  You see this charge a bit in North Carolina when a minor consumes alcohol at a party held by an adult or a young adult.  Parents can also be charged under this section - a good example would be where a parent allows minors to have a party where alcohol is consumed in that parent’s home.  The Law Offices of Wiley Nickel represents people charged with this crime.  If you would like to speak with a lawyer for a free consultation call us at 919-585-1486.

Contributing to a juvenile’s being delinquent, undisciplined, abused, or neglected. G.S. 14-316.1

 

 

 

Elements

 

A person guilty of this offense

 

1.       Is at least 16 years old and

 

2.       knowingly or willfully

 

3.       causes or encourages or aids

 

4.       a juvenile within the jurisdiction of the court

 

5.       

 

a.       to be in a place or condition or

 

b.      to commit an act

 

6.       whereby the juvenile could be adjudicated

 

a.       delinquent or

 

b.      undisciplined or

 

c.       abused or

 

d.      neglected

 

as defined in G.S. 7B-101 and G.S. 7B-1501.

 

Punishment

Class 1 misdemeanor

Definition of Delinquent Juvenile: Any juvenile who, while less than 16 years of age but at least 6 years of age, commits a crime or infraction under State law or under an ordinance of local government, including violation of the motor vehicle laws, or who commits indirect contempt by a juvenile as defined in G.S. 5A‑31.

Definition of Undisciplined Juvenile:

 

a.         A juvenile who, while less than 16 years of age but at least 6 years of age, is unlawfully absent from school; or is regularly disobedient to and beyond the disciplinary control of the juvenile's parent, guardian, or custodian; or is regularly found in places where it is unlawful for a juvenile to be; or has run away from home for a period of more than 24 hours; or

 

b.         A juvenile who is 16 or 17 years of age and who is regularly disobedient to and beyond the disciplinary control of the juvenile's parent, guardian, or custodian; or is regularly found in places where it is unlawful for a juvenile to be; or has run away from home for a period of more than 24 hours.

§ 14-316.1. Contributing to delinquency and neglect by parents and others

   Any person who is at least 16 years old who knowingly or willfully causes, encourages, or aids any juvenile within the jurisdiction of the court to be in a place or condition, or to commit an act whereby the juvenile could be adjudicated delinquent, undisciplined, abused, or neglected as defined by G.S. 7B-101 and G.S. 7B-1501 shall be guilty of a Class 1 misdemeanor.

 

It is not necessary for the district court exercising juvenile jurisdiction to make an adjudication that any juvenile is delinquent, undisciplined, abused, or neglected in order to prosecute a parent or any person, including an employee of the Division of Juvenile Justice of the Department of Public Safety under this section. An adjudication that a juvenile is delinquent, undisciplined, abused, or neglected shall not preclude a subsequent prosecution of a parent or any other person including an employee of the Division of Juvenile Justice of the Department of Public Safety, who contributes to the delinquent, undisciplined, abused, or neglected condition of any juvenile.

 

CONTRIBUTING DEL OF JUVENILE

NC GS Section: 14-316.1

Offense Code: 3805

 For a Juvenile Delinquency Lawyer call for a free consultation at our office in Cary, NC in Wake County at 919-585-1486.

 

 

 

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Wiley Nickel

Wiley Nickel lives and works in Cary, North Carolina. In 1998, he graduated from Tulane University with a major in Political Science and a minor in History. After college Wiley went to work for Al Gore and travelled with the Vice President as part of his national advance staff. Following the Gore campaign he earned his law degree from the Pepperdine University School of Law in 2005. While in law school Wiley worked as a law clerk in the Ventura County District Attorney’s Office where he gained valuable criminal trial experience before taking and passing the California bar exam. His first job out of law school was for the Merced County District Attorney’s Office where he worked as a Deputy District Attorney with a focus on prosecuting DWI offenders. Wiley later joined the Law Offices of Joseph Uremovic where he focused on civil litigation and family law. When the opportunity came to join the Obama campaign in 2008 Wiley jumped at the chance. He spent three years travelling with President Obama as a member of his national advance team. In 2011 Wiley left his work for the White House to return to the practice of law. Wiley devotes the majority of his practice to the areas of criminal law, family law, traffic tickets and DMV issues. The Law Offices of Wiley Nickel was started with the goal of providing the best representation possible for all of his clients. Experienced, Compassionate, Aggressive Criminal Defense While defense attorney Wiley Nickel works as the primary attorney for all of his cases, he does have an associate attorney, a team of investigators, forensic consultants, and support staff to call on to help achieve the best possible result in every case. He limits his case load so that he can focus on providing the best possible legal defense to all of his clients. Every case is a top priority and the goal is to have your case dismissed with a focus on being able to expunge your charges at the end of the process. When he is not working, Wiley is an avid family man, distance runner and golfer. He loves North Carolina college sports and is hoping this is the year for Cam Newton and the Carolina Panthers. Wiley is licensed to practice law in North Carolina and California.