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Contributing to the Delinquency of a Minor

Contributing to the delinquency of a minor may sound vague – and that’s because it is. This charge was created with the intention of leaving a lot of wiggle room for prosecutors. While the goal here was to protect children from the numerous and unpredictable ways they may be harmed by adults, it can also lead to innocent actions being charged as criminal. If you or someone you know has been charged with contributing to the delinquency of a minor, contact Will Hanlon with Hanlon Law today to start working on your best possible defense. 


What Is Contributing to the Delinquency of a Minor? 


Contributing to the delinquency of a minor (CDM) is defined by Florida Statute 827.04 as an act that “causes, tends to cause, encourages, or contributes” to a child becoming “delinquent, dependent, or in need of services,” or “induces or tries to induce” a child to “act or behave in a manner that leads to or could lead to them becoming delinquent, dependent, or in need of services.”


As you can see, the wording is intentionally vague. Prosecutors are meant to use this statute as a catch-all to convict those who harm children in manners that aren’t covered by another law. To understand it, there are a lot of words to define. A“child” is anyone under the age of 18. The other major components are “contributing” and “delinquency, dependency, or in need of services.” 


“Contributing” basically means facilitating in some manner. This can be verbally encouraging them, physically forcing them, enticing them with rewards, threatening them with harm, or simply providing them with means they wouldn’t otherwise have access to. 


“Delinquency” is when a minor commits a delinquent act. Florida law defines such acts as legal violations of a misdemeanor or felony level, or a county or municipal ordinance violation that is punishable with incarceration when committed by an adult.


“Dependency” is the state of being abused, neglected, or abandoned by a parent or legal guardian. 


“In need of services” is a little more specific. A child meets the criteria for this if they:


  • Have no pending investigations of abuse, neglect, or abandonment 
  • Have no pending allegations of delinquency 
  • Are not currently under supervision by the state


And also meet at least one of the following:


  • Consistently run away from their legal guardian(s) (despite reasonable efforts of the child, legal guardian(s), and appropriate agencies to improve conditions contributing to the behavior
  • Are habitually truant from school (while subject to compulsory school attendance), despite reasonable efforts to remedy the conditions contributing to the behavior.
  • Persistently disobey reasonable and lawful demands of their legal guardian(s), becoming beyond said guardian’s control despite reasonable efforts by the child, guardian(s), and appropriate agencies to improve conditions contributing to the behavior


With these definitions in mind, it’s important to note that the law specifically does not require a child to be legally declared a delinquent in order for an adult to be charged with contributing to his or her delinquency. 


Lastly, contributing to the delinquency of a minor also includes the impregnation of someone under the age of 16 by anyone over the age of 21, regardless of any other offenses committed in the course of the impregnation. Like all sex crimes relating to children, perceived consent and lack of chastity cannot be used as a defense. 


What are the Consequences of Contributing to the Delinquency of a Minor?


Contributing to the delinquency of a minor is a first-degree misdemeanor, punishable by any combination of up to 12 months in jail, up to 12 months of probation, and a $1,000 fine. The presiding judge may also order community service, rehabilitation programs, or other supervision or sanctions depending on the circumstances of the case. 


However, impregnating a minor, while under the same statute, is charged as a third-degree felony. As such, it is punishable by up to 5 years in prison and a $5,000 fine. This crime is often accompanied by other charges related to the act, such as lewd and lascivious battery or statutory rape. Any sentences for other such charges are served consecutively, which means you could end up with significant jail time and fines. 


How to Defend Against Contributing to the Delinquency of a Minor Charges


Despite the vague nature of the crime, there are still a variety of defense to take against such charges: 


  • Insufficient Evidence: There’s not enough proof to show that you committed the acts in question
  • Lack of Intent: You did commit the acts in question, but you could not reasonably be expected to know that they would contribute to the delinquency of a minor, or did not intend them to
  • No Causation: You committed the acts in question, but they did not actually contribute to the delinquency of a minor
  • Lack of Delinquency: The child in question and/or their actions cannot be considered delinquent


Lakeland Criminal Defense Lawyers 


As you can see, with so much room for interpretation, it’s vital to have an expert in interpretation on your side. Will Hanlon with Hanlon Law has been representing the accused for nearly twenty years, and is experienced in interpreting the law in favor of his clients. Our dedicated legal team will work tirelessly on your behalf to help you secure the best possible outcome. Contact us today to schedule a free consultation.

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