Starting at age seven, children can be brought to court if they are accused of committing a crime. Where the case is handled and how the child is treated depends on several factors including the child’s age, intent, and past record. Youth who are accused of committing crimes fall into three categories: Juvenile Delinquent, Juvenile Offender, and Adolescent Offender.
A Juvenile Delinquent is a child over 12, but under 18 years of age, who commits an act that would be a crime if it had been committed by an adult. Children over 7 but less than 12 years of age, who commit specific serious or violent acts listed in Family Court Act Section 301.2(1)(a)(iii), may also be juvenile delinquents.
Cases involving Juvenile Delinquents are handled in Family Court. Juvenile Delinquents do not go to adult jails. Instead, the court decides if they need supervision, treatment, or placement through the local department of social services or the New York State Office of Children and Family Services. Juvenile Delinquents do not have criminal records. Family Court proceedings are confidential and in some instances the cases can be sealed.
Juvenile Offenders, who are 13, 14, and 15 years of age, are charged with committing serious or violent felony offenses listed in Penal Law Section 10.00 (18). Juvenile Offenders are not considered Juvenile Delinquents. Juvenile Offender cases are heard in the Youth Part of Supreme Court. Juvenile Offenders who are convicted will have permanent criminal records unless the Court grants Youthful Offender status. Juvenile Offender cases can be transferred to Family Court if the Court determines that the transfer would be in the best interests of justice. Upon transfer to Family Court, the youth is then considered a Juvenile Delinquent.
Adolescent Offenders are youth 16 or 17-years old who commit a felony offense. The case is originally heard in the Youth Part of Supreme Court. However, the case may be transferred to Family Court, where the youth will be considered a juvenile delinquent and will be eligible to receive all services and programs available to juvenile delinquents.
For more information, visit Court Help.