Status Offense: Juvenile offender under the electronic surveillance, probation, or foster group
A status offense is something done by the minors and is considered illegal because of the age of the minor, on the other hand, if the same is done by adults then it cannot be an offense or illegal that again is due to the age of the adult. In simple terms, it can be said that a status offense is an act that is prohibited for the minors and if done by the minors then it will be said as a status offense.
The states offenses are not held by the Juvenile courts and decision is taken according to the age and type of offense.
Difference between Status offense and Juvenile Delinquency:
However, status offenses are a type of juvenile delinquency but are the least serious than other types of juvenile delinquency.
A status offense is an illegal act done by a minor which is legal for an adult whereas juvenile delinquency is something that is considered a crime whether committed by an adult or minor.
Charges of the status offense are not treated as adults but some of the juvenile delinquency charges can be treated as adults based on the crime committed and circumstances.
Examples of the status offenses may include: running away, truancy, consumption of alcohol, curfew violations, etc.
Examples of juvenile delinquency may include murder, rape, robbery.
Status offenders and the Justice and Delinquency Prevention Act, 1974(JJDPA):
JJDPA give four core protection to the minors or the status offenders:
Deinstitutionalization of the status offenders: minors adjudged with a status offense shall not be sent to jail and shall not be locked up, instead they shall be held in juvenile facilities, electronic surveillance, foster home, shall be given counseling sessions, mentoring, family support, and alternate education.
Adult Jail removal: The JJDPA prohibited jailing for minors
Sight and Sound separation: JJDPA stated that the status offenders shall not be kept in an institution where there are adult offenders. Both the status offenders and the adult offenders must have sight and sound separation.
Racial and Ethnic Disparities (RED): It removed and eliminated racial and ethnic differences in the juvenile justice system.
Common Punishment for the Status offense:
Although every state has their laws regarding the status offense and the punishment may also vary from state to state, but some of the most common punishments which most of the state follow are:
Paying fee or restitution
Suspension of driving license
Putting juvenile under electronic surveillance
Keeping the juvenile with someone other than a parent or guardian like foster group or group home
Juveniles to attend education program of counseling sessions
In some cases, depending on the situation the court may order the probation of juvenile at a secure but locked facility
Sometimes the parents of the juvenile will have to attend counseling sessions.
Examples of status offense:
Some of the common examples of status offenses are :
Truancy: A child is said to be a truant if he/she is being absent from the school regularly and that too without a valid reason and the knowledge of the parent or guardian.
Every state has their number of unexcused leaves from the school if a student is found to exceed the number then is said to be truant. In such cases, the school first tries to resolve the matter at their end but when it is beyond their reach then they seek the help of the juvenile justice system. If the parents are found to be involved in this then they too can be punished for the same.
Runaway: If the child leaves the home without the consent of without the knowledge of the parents then it will be a status offense.
Curfew Violations: Every state limits the time (usually the nighttime) in which the minors are not allowed to go out of their home alone as it could be unsafe for them. While there are some considerations which might include traveling for work, traveling for school functions, religious functions, etc.
Consumption of Alcohol: When a minor is found to have been consumed alcohol then it will be a status offense. In most states, the minimum age for consumption of alcohol is 18 years of age.
A Status Offense is an act that is unlawful for minors, the same acts if done by an adult are lawful. This law prevents minors from being victimized for crime and from being delinquent.
At Getlegal, know more about status offense, punishment, penalties, and the charges.
