In Arizona, it is against the law to encourage or incite a minor to engage in delinquent behaviors and activities, under Arizona Revised Statutes § 13-3613. If you get accused of this crime, it is important to consult with an Arizona defense attorney as soon as possible. A lawyer can craft a strong legal defense to protect you from the consequences of this crime as much as possible.
Definition of Contributing to the Delinquency of a Minor in Arizona
“Contributing to the delinquency of a minor” refers to an adult or older minor encouraging lawbreaking or misbehavior in someone under the age of 18, such as an act that harms a minor’s health, safety, well-being or morals.
The precise language of ARS § 13-3613 states:
- 13-3613. Contributing to delinquency and dependency; classification; procedure
- A. A person who by any act, causes, encourages or contributes to the dependency or delinquency of a child, as defined by section 13-3612, or who for any cause is responsible therefore is guilty of a class 1 misdemeanor.
- B. The procedure and prosecution shall be the same as in other criminal cases.
- C. When the charge concerns the dependency of a child or children, the offense for convenience may be termed contributory dependency, and when the charge concerns the delinquency of a child or children, the offense for convenience may be termed contributory delinquency.
“Contributing” can refer to verbal encouragement, failing to prevent a delinquent act, providing illegal substances or assisting in the commitment of unlawful activities. Examples include inspiring a minor to skip school, drink alcohol, smoke cigarettes or commit drug crimes in Phoenix.
What Are the Elements of ARS § 13-3613?
To obtain a conviction under ARS § 13-3613, the prosecution must establish the required elements of this crime as true beyond a reasonable doubt. This starts with the defendant “contributing to delinquency,” meaning to knowingly encourage, assist or otherwise contribute to a minor engaging in delinquent acts.
The prosecution must have evidence that the defendant knew or reasonably should have known that his or her actions were contributing to a minor’s delinquent behaviors. The defendant’s actions (or failures to act) must have been aimed at or resulted in encouraging or facilitating delinquency or illegal activities by the minor.
Penalties and Sentencing
Contributing to the delinquency of a minor is a class 1 misdemeanor in Arizona – the most serious type of misdemeanor. The potential penalties for a conviction under this statute include fines, up to six months in jail, probation and mandatory restitution to victims (if applicable). Aggravating factors or a prior criminal record can enhance the penalties associated with a conviction.
Discuss Legal Defenses With an Attorney in Arizona
It is essential to seek legal counsel from an experienced criminal defense attorney if you are facing charges under ARS § 13-3613. Multiple defenses are available to fight against a charge of contributing to the delinquency of a minor in Arizona. Your attorney may be able to argue that you were unaware that your actions would contribute to a minor’s delinquency, for example, or that you did not intend to encourage illegal behavior.
To discuss your particular charge and defense options, contact Snader Law Group to request a free case consultation.