The age at which a child can receive a juvenile ticket varies by state in the United States. Most states consider children under the age of 17 to be juveniles in the criminal justice system. However, some states set the juvenile age younger, at 15 or 16 years old. The specific ages and regulations surrounding juvenile ticketing are outlined below.
What is a juvenile ticket?
A juvenile ticket is a legal citation and notice to appear in juvenile court that is issued to minors. Juvenile tickets, sometimes called juvenile citations, are used for minor offenses that would be misdemeanors if committed by adults. Common juvenile tickets are issued for:
- Alcohol possession or consumption
- Curfew violations
- Disorderly conduct
- Loitering
- Petty theft
- Shoplifting
- Simple assault
- Tobacco possession
- Trespassing
- Vandalism
Juvenile tickets require the minor to appear in juvenile court, often with a parent or guardian. The juvenile court judge can impose sentences like fines, probation, community service, counseling or treatment programs, but juveniles cannot be incarcerated except in extreme cases. The records from juvenile tickets are kept confidential and do not constitute a criminal conviction.
Age of juvenile vs. adult in the U.S. criminal justice system
Across the United States, most states consider those under the age of 18 to be juveniles for purposes of criminal prosecution. This means that youth under 18 who commit crimes or violations will have their cases handled in the juvenile justice system rather than the regular adult criminal courts. However, states set varying ages for treating offenders as juveniles vs. adults:
- 15 states set the juvenile age at 17 – Individuals are juveniles until their 18th birthday in Arkansas, Connecticut, Georgia, Illinois, Louisiana, Massachusetts, Michigan, Missouri, New Hampshire, New York, North Carolina, South Carolina, Texas, West Virginia, and Wisconsin.
- 3 states set the juvenile age at 16 – In New York, North Carolina, and Connecticut, the juvenile age limit is 16.
- 10 states set the juvenile age at 17 for most offenses, but allow some cases to be transferred to adult court based on seriousness of crime or other factors. These states include Arizona, California, Delaware, Florida, Idaho, Maine, Maryland, New Mexico, Oregon, and Washington.
- 2 states set flexible juvenile ages, depending on the type of offense. In Kentucky, juveniles as young as 14 can be tried as adults for certain felonies, while Kansas has no statutory juvenile age, leaving it to judicial discretion.
- 20 states have juvenile ages of 17 for delinquency matters, but allow non-criminal juvenile cases like truancy or running away to apply until age 18.
Across the board, 18 is recognized as the age of adulthood for criminal prosecution nationwide. Once an individual turns 18, they are no longer eligible for juvenile adjudication and will be charged and sentenced as an adult, even if the offense occurred prior to their 18th birthday.
States where juvenile age is 15 or 16
There are four U.S. states that allow juvenile adjudication for younger teens, age 15 or 16 instead of the more common 17:
- New York – Juvenile age is 16 for delinquency matters. Non-criminal offenses like PINS (person in need of supervision) can involve juveniles up to age 18.
- North Carolina – Age 16 is the cutoff for juvenile delinquency jurisdiction. Juveniles 16 or older are charged as adults.
- Connecticut – Juvenile court jurisdiction ends at age 16 except for motor vehicle violations, which are treated as juvenile offenses up to age 18.
- New Hampshire – For delinquency cases, juvenile court jurisdiction ends at age 17. However, New Hampshire law considers non-criminal juvenile matters like CHINS (child in need of services) to apply up to age 18.
In these states, juvenile tickets would not typically be given past age 15 or 16, depending on the state. Violations by older teens would be handled through the adult court system and would constitute a permanent criminal record.
States where juvenile age varies by offense
Some states allow for flexible or discretionary treatment of older juveniles depending on factors like the type of offense committed. For example:
- Kentucky – Juvenile jurisdiction ends at age 18, but youth as young as 14 can be transferred to adult court for felony offenses under the state’s youthful offender statute.
- Kansas – Has no statutory minimum age for juvenile adjudication. Juvenile jurisdiction is discretionary based on examining the individual juvenile’s case.
- Arizona – Age 18 is the general cutoff, but juveniles aged 15-17 accused of certain serious violent or sexual felonies are automatically charged as adults.
- Florida – Age limits vary based on the offense. For misdemeanors and most non-violent felonies, juvenile jurisdiction ends at 18. Violent felony offenses move juveniles to adult court at age 16.
In these states with flexible juvenile ages, the answer to whether a 17-year-old could receive a juvenile ticket would depend on factors like the nature of offense and the youth’s criminal history.
When can juveniles be charged as adults?
While most states aim to protect juveniles in the justice system, there are circumstances where youth may be prosecuted as adults. These include:
- Automatic adult charges for serious crimes – As noted above, some states require adult charging for crimes like murder, rape, armed robbery committed over a certain juvenile age like 15 or 16.
- Judicial waiver – Judges have discretion in many states to waive juvenile court jurisdiction and transfer cases with very serious, violent crimes to adult courts.
- Prosecutor discretion – In some jurisdictions, district attorneys can file cases against juveniles directly in criminal court rather than juvenile court.
- Statutory exclusion – If a juvenile has prior felony convictions, states may exclude them from juvenile responses under “once an adult, always an adult” statutory policies.
These mechanisms for charging juveniles as adults are determined on a case-by-case basis. A 17-year-old first time offender would be unlikely to face adult prosecution in most states even for a relatively serious misdemeanor.
Juvenile vs. adult justice: key differences
Juvenile and adult court systems differ significantly in terms of procedures, sentencing, and long-term impacts:
Juvenile Justice System | Adult Criminal Justice System |
---|---|
– Focus on rehabilitation | – Focus on punishment |
– Judges have wide discretion | – Mandatory minimum sentencing guidelines |
– Records are sealed/confidential | – Public criminal record |
– No jury trials | – 6th Amendment right to jury trial |
– No incarceration except in facilities for juveniles | – Adult jails and prisons for sentences |
Because of these differences, juvenile adjudication for minor infractions aims to avoid permanently damaging a young person’s future prospects with an adult criminal record. Some states expunge juvenile records at age 18 or 21 if no further offenses occur.
Typical juvenile penalties and diversion programs
Juvenile courts have a range of dispositions aimed at discipline and rehabilitation rather than strictly punishment. Some typical penalties for juvenile tickets or misdemeanor charges may include:
- Fines up to a few hundred dollars, which parents may have to pay
- Probation – Regular check-ins with a juvenile probation officer
- Community service – Performing work for nonprofits, public agencies, etc.
- Counseling or education programs related to the offense
- Detention for short periods, usually only a few days, in juvenile facilities
- Loss of driving privileges for traffic-related offenses
Many jurisdictions also have diversion programs where first-time juvenile offenders can avoid juvenile court and having a record if they successfully complete an alternative program. These may involve classes about decision-making, substance abuse, anger management, or paying restitution to victims.
Typical offenses receiving juvenile tickets
Law enforcement officers have discretion whether to give a warning, issue a citation, or make a custodial arrest for juvenile offenses. In general, juvenile tickets are used for relatively minor violations that do not pose public safety risks. Some of the most common juvenile ticket offenses include:
- Alcohol offenses – Underage drinking, possession of alcohol, using a fake ID, open container violations, etc.
- Drug offenses – Possession of small amounts of marijuana or other drugs, paraphernalia
- Disturbing the peace – Disorderly conduct, noise violations, fighting, etc.
- Status offenses – Truancy, running away, curfew violations
- Traffic offenses – Speeding, reckless driving, no driver’s license, etc.
- Property crimes – Shoplifting, vandalism, graffiti with low damages
Officers tend to charge more serious crimes like assault, Breaking and entering, or felony theft through arrest and formal delinquency proceedings rather than tickets.
Conclusion
Most states treat juveniles as under 18 for purposes of criminal prosecution, with exceptions in some states for charges as young as 14 or 15 in certain cases. Status offenses like truancy may still be applied to older teens up to 18 in juvenile court. A 17-year-old would be eligible for a juvenile ticket giving a notice to appear in juvenile court in most states, with the penalties and diversion options focused on rehabilitation rather than punishment. The confidential juvenile proceedings aim to avoid permanently marring youths’ future prospects over relatively minor adolescent misbehavior. However, some states allow for discretion in charging serious offenses committed by older teens in adult criminal courts.