Have you ever heard the phrase “think before you speak, because you never know who might be listening”? While it’s certainly true in most situations, it is especially important when it comes to minors. Under Florida law, you can actually be held responsible for a child’s delinquent act even if you didn’t directly help them commit it. This specific crime is called contributing to the delinquency of a child.
The crime of contributing to delinquency is covered under Florida Statute 827.04. For this crime to take place, someone must do or say something that “causes, tends to cause, encourages, or contributes” to a child committing a delinquent act. A delinquent act is simply a misdemeanor, felony, or violation of an ordinance that would normally be punishable by incarceration if the offender were an adult. Learn more about this with Hendry & Parker PA.
What is Juvenile Delinquency?
Contributing to a child’s delinquency is a first-degree misdemeanor, which is punishable by up to one year in prison and a $1,000 fine.
There are many ways that someone could contribute to a child’s delinquency. Paying a child money to commit a crime, for instance, is a very obvious example. However, there are other more subtle ways as well. For example, if someone knowingly makes a suggestion to a child that “it would be really cool if you stole from that cashier” and the child actually does it, the person who made the original comment is responsible for contributing to the child’s delinquency by verbally encouraging the crime.
While this particular crime may seem like an unfair catch-all and that virtually anything could be considered as a contribution to someone’s delinquency, there are several defenses that can help prevent false accusations. One possibility is that the defendant could argue that there is no causation that can be linked between the defendant’s actions and the child’s delinquency. For example, if the defendant’s encouraging statements were made over a year prior to the child’s delinquent act, it may be difficult to establish a link between the two.
The defendant could also argue that they did not “knowingly” contribute to the child’s delinquency. For instance, suppose the child was complaining about not having any money and the defendant sarcastically remarks “you should go rob a bank, then.” If the child later tries to rob an actual bank, the defendant may choose to argue that their statement was intended to be hyperbolic and not an intentional encouragement of a crime.
If you have been accused of contributing to a child’s delinquency, call the experienced criminal law attorneys at Hendry & Parker, P.A, in downtown Dunedin at 727-205-5555 today for a free consultation.