There are distinctions in every single area of the law and criminal law is no different. One of the major distinctions that sets up an entirely different set of procedures and punishments is when a child commits a crime or otherwise violates court orders. The law recognizes that children and their choices should be handled differently than adults. Juvenile court is fast paced and can impact your child at every education and work opportunity. Our attorneys will help your child’s mistake be a lesson rather than a permanent scar on their record.
Who goes to Juvenile Court?
According to Georgia law, a child is any individual who is under the age of 18, under the age of 17 when alleged to
have committed a delinquent act, between the ages 18 and 21 and are receiving extended care youth services from DFCS, or are under the age of 21 years who committed and act of delinquent before reaching the age of 17 years and who has been placed under the supervision of the court or on probation to the court for the purpose of enforcing orders of the courts.
Your child will be involved in juvenile court whenever they are accused of delinquent acts. There are three categories of delinquent act defined under O.C.G.A. 15-11-2(19)(A-C);
(A) An act committed by a child designated a crime by the laws of this state, or by the laws of another state if the act occurred in that state, under federal laws, or by local ordinance, and the act is not an offense applicable only to a child or a juvenile traffic offense;
(B) The act of disobeying the terms of supervision contained in a court order which has been directed to a child who has been adjudicated to have committed a delinquent act; or
(C) Failing to appear as required by a citation issued for an act that would be a crime if committed by an adult.
TALK TO YOUR KIDS ABOUT
All the laws of Georgia apply to your child. Your child can be charged with any misdemeanor or felony and while their age can be a defense it will not always end the case against them. Children in today’s world are always one bad decision away from a felony charge. Vapes and other drug products are more available than ever before. Make sure your children know the risks and consequences of their behavior.
“Sexually explicit conduct”
Georgia law contains extensive sections targeted at severely punishing anyone who sexually exploits minors. These laws have no exception for the age of the person who has committed what the law calls “sexually explicit conduct”. Your child could be committing a felony right now as you read this.
O.C.G.A. 16-12-100(b)(1)
1) It is unlawful for any person knowingly to employ, use, persuade, induce, entice, or coerce any minor to engage in or assist any other person to engage in any sexually explicit conduct for the purpose of producing any visual medium depicting such conduct.
There are two vital parts that every parent needs to know and explain to their children. First is that any person can commit this offense. The law does not care if the person charged is the same age as the other minor involved. Second, any child who requests or entices a minor (even if they are the same age) for a nude or semi-nude picture is opening themselves up to criminal liability of a felony offense.
O.C.G.A. § 16-12-100(b)(5)
(5) It is unlawful for any person knowingly to create, reproduce, publish, promote, sell, distribute, give, exhibit, or possess with intent to sell or distribute a visual medium which depicts a minor or a portion of a minor’s body engaged in any sexually explicit conduct.
This code section states again that any person (regardless of age) can commit this offense and face felony charges and the juvenile judicial system. This code section means any child that takes a picture of a sexual nature and sends or intends to send it to someone that child can be charged with a felony.
While you would guess that your child sending and receiving nude pictures of those minors might only bring criminal charges against them, you are also at risk based on their activity.
O.C.G.A. 16-12-100 (b)(2)
(2) It is unlawful for any parent, legal guardian, or person having custody or control of a minor knowingly to permit the minor to engage in or to assist any other person to engage in sexually explicit conduct for the purpose of producing any visual medium depicting such conduct.
If you are aware that your child is sending sexually explicit content of any kind to a minor, you as their parent can be charged with a felony offense. You must take affirmative steps to prevent your child from doing this or you could be facing charges of your own.
Vapes
We don’t need to be the ones to tell you that the availability of vapes and other smoking devices is higher than ever before. They are easy to get, easy to hide, and easy to get caught with. These devices have primary ingredients that range from tobacco to marijuana oil but it is impossible to know all the compounds and chemicals that are in them. Beyond these devices being illegal to possess, they all pose serious health risks to your children.
O.C.G.A. 16-12-171(b)(1)(A&B)
(b)
(1) It shall be unlawful for any individual under the age of 21 years to:
(A) Purchase, attempt to purchase, or possess for personal use any cigarettes, tobacco products, tobacco related objects, alternative nicotine products, or vapor products; or
(B) Misrepresent his or her identity or age or use any false identification for the purpose of purchasing or procuring any cigarettes, tobacco products, tobacco related objects, alternative nicotine products, or vapor products.
O.C.G.A. 16-12-171(c)(1-3)
Punishment
(2) An individual under the age of 21 years who commits an offense provided for in paragraph (1) of this subsection or paragraph (1) of subsection (c) of this Code section shall be punished as follows:
(A) By requiring the performance of community service not exceeding 20 hours that may be related to the awareness of the health hazards of smoking and vaping or tobacco and vapor product use;
(B) By requiring attendance at a publicly or privately sponsored lecture or discussion on the health hazards of smoking and vaping or tobacco and vapor product use, provided that such lecture or discussion is offered without charge to the individual under the age of 21 years;
(C) When an individual under the age of 21 years fails to comply with such imposed community service, or for a third or subsequent violation within the same calendar year as the first violation, by requiring the Department of Driver Services to withhold issuance of or to suspend the driver’s license or driving privilege of such individual for a period of 45 consecutive days; or
(D) By a combination of the punishments described in subparagraphs (A) through (C) of this paragraph.