In the world of criminal law, not all laws apply equally to everyone. Some acts are only illegal because the person committing them is under a certain age. These offenses, which are illegal only for minors (individuals under 18) but not adults, are known as “status offenses.” In other states, it may be called, “Juvenile laws.” The term “status offense” is used because these crimes are based on the offender’s status as a juvenile. Additionally, there are other age-dependent crimes that don’t solely apply to the juvenile population. Examples include the illegal possession or consumption of alcohol or tobacco products, as well as unlawfully carrying a handgun. This blog explores several status offenses and age-dependent crimes, providing insight into the reasons behind the imposition of these laws.
What is a Status Offense?
A status offense is crimes that are only considered illegal because of the perpetrator’s age. Essentially it is something that would not be considered illegal if an adult were to engage in similar behavior. These offenses are often based on the idea that minors are vulnerable and don’t always have the same decision-making capabilities as adults and thus need extra protection.
Common Examples of Status Offenses:
- Truancy from school: This is one of the most common examples of a status offense. When a minor skips school, especially repeatedly, both them and their parents may face potential legal consequences/penalties.
- Curfew Violations: Curfews are often set by certain municipalities. The purpose of these laws are to keep minors off the street at certain times of night, making it less likely that they engage in risky behavior or other potentially dangerous situations.
- Underage Drinking: While drinking alcohol is legal for adults, it is illegal for anyone under the age of 21 to engage in any type of drinking.
- Running Away: This is when a minor leaves home without parental permission and remains away for an extended period.
For some status offenses, such as truancy and running away, instead of the minor being arrested or charged with a crime, their case may be referred to the Department of Child Services (DCS). This typically happens when a prosecutor or law enforcement officer believes the child’s behavior may be linked to abuse or neglect.
Age-Dependent Crimes
Aside from status offenses, there are various crimes that are dependent on age (while the behavior itself is not inherently criminal). These laws are enacted because of developments in modern cognitive and neuroscience which has taught us that individuals under the age of 21 do not have fully developed brains and thus are not able to fully comprehend the consequences involved with things like drinking alcohol, smoking tobacco/vapes, and carrying firearms. Some common examples of age-dependent crimes are:
- Illegal Possession/Illegal Consumption of Alcohol: Under Indiana Code 7.1-5-7-6.5, it is a Class C misdemeanor for a minor to knowingly possess or consume an alcohol or transport an alcoholic beverage on a public highway, unless accompanied by at least one of their parents or guardians.
- Illegal Possession/Purchase/Acceptance of Tobacco, E-Liquid, or E-Cigarette: Under Indiana Code 35-46-1-10.5, it is a Class C infraction for anyone under the age of 21 to possess, purchase, or accept tobacco products, including e-cigarettes and vaping liquids. If your child gets caught vaping or smoking at school, this can be what they’re charged with.
- Unlawful Carrying of a Handgun: Under Indiana Code 35-47-2-1.5(b)(10), it is a Class A misdemeanor for anyone under the age of 18 to carry a handgun. However, there are exceptions to this law, such as when the minor is attending a hunting or gun safety course, participating in shooting practice at a range, or on property owned by a family member or legal guardian with permission to possess a firearm.
This list of age-dependent crimes and status offenses is not exhaustive, but it provides an overview of offenses that are solely influenced by the age of the offender. If you or a loved one has been charged with a status offense or any of these age-dependent crimes, contact the experienced attorneys at Banks & Brower at 866-812-7749 or email info@banksbrower.com to discuss your case.
