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Contributing to the Delinquency of a Minor

Crimes against children are taken very seriously by the state of Florida, as well as across the entire United States. Any acts or behaviors that bring harm to children are condemned by Florida law. Unfortunately, there are a near-infinite number of ways one could cause harm to a child, whether intentionally or unintentionally. That’s where the charge of contributing to the delinquency of a minor comes in. 


What Is Contributing to the Delinquency of a Minor? 


The crime of contributing to the delinquency of a minor (CDM) is described in Florida Statute 827.04 as any act that “causes, tends to cause, encourages, or contributes” to a child becoming “delinquent, dependent, or in need of services.”  The statute also includes inducing, or trying to induce, a child to act or behave in a manner that leads or could lead to them becoming delinquent, dependent, or in need of services. 


It’s important to note that the statute explicitly does not require a court to legally declare a child delinquent in order for an adult to contribute to a child’s delinquency.


Curiously, this statute also covers the impregnation of children. Anyone over the age of 21 who impregnates someone under the age of 16 can be charged under this statute, regardless of whether or not any other offense has been committed or convicted in the course of the impregnation. As with other sex crimes relating to children, the child’s lack of chastity nor any perceived consent cannot be used as a defense.


What Qualifies as CDM?


The legal definition of CDM is intentionally vague and difficult to understand. Prosecutors use this statute as a kind of catch-all charge for offenses that involve a child coming to some kind of harm that is not otherwise covered by another law. Generally speaking, however, we can break down the definition into two parts: “contributing” and “delinquency.” 


In this context, contribution could mean anything from merely encouraging a child with words to act or behave a certain way, all the way up to coercing them with threats of violence or harm. It may or may not involve actually helping the minor commit the act or behavior. Contribution can also mean providing the means for a child to commit a certain act or behavior that they would otherwise not have access to, with or without actually participating in the act or behavior yourself. 

 

Delinquency, however, is threefold: delinquency, dependency, and in need of services. 


Delinquency: 


Delinquency is when a minor commits a delinquent act. Florida law defines delinquent acts as any legal violation considered a misdemeanor or felony, as well as any county or municipal ordinance violation that would be punishable by incarceration if it were committed by an adult.


Dependency: 


Dependency is when a child has been abused, neglected, or abandoned by their legal guardian:


  • Abuse is any situation where the child has been or is in danger of being mentally or physically harmed. 
  • Neglect is a situation where a child’s basic needs (food, water, shelter, clothing, supervision, emotional support) are not met. This can be done intentionally out of malice for the child, unintentionally out of omission, or due to unfortunate circumstances. 
  • Abandonment may involve being surrendered to the state’s care, or simply being remitted to the care of a relative or friend. Basically, any instance in which a child’s legal guardian voluntarily gives up their legal guardian status, any instance where said status is involuntarily revoked, or any instance in which a child finds themselves without a legal guardian capable of providing supervision and care.


In Need of Services:


A child becomes “in need of services” when 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


As you can see, these definitions are broad, vague, and difficult to understand. This leaves the statute very much up to interpretation, and the prosecution won’t hesitate to twist these definitions to suit a variety of narratives. That’s why it’s vital to have an experienced defense attorney in your corner to ensure your side of the story is told.


What are the Consequences of CDM?


CDM is considered a first-degree misdemeanor in the state of Florida. As such, it is punishable by any combination of up to 12 months in jail, up to 12 months of probation, and up to a $1,000 fine. At the judge’s discretion, you may also be ordered to perform community service, attend rehabilitation programs, or submit to other supervision or sanctions. You may also be responsible for court costs and/or restitution costs if convicted.   


The impregnation of a minor, however, is charged as a third-degree felony, punishable by up to 5 years in prison and up to $5,000 in fines. Impregnation of a minor is also often accompanied by other related charges, such as lewd and lascivious battery or statutory rape. The sentences for each charge will be served consecutively, meaning you could end up with significant jail time and fines. 


How to Defend Against CDM Charges


Despite how open-ended the definition of CDM is, there are still a few solid defenses that an experienced defense attorney may recommend:


  • Lack of Knowledge/Intent: you did commit the acts/behaviors in question, but did not know that they would contribute to the delinquency of a minor, or did not intend them to
  • Lack of Causation: your acts/behaviors did not actually contribute to the delinquency of a minor
  • Lack of Delinquency: the child in question or their actions cannot be considered delinquent
  • Fact-Based Defense: you did not commit the acts or behaviors in question at all


Kissimmee Criminal Defense Lawyers


With such a convoluted definition and such a wide range of possible behaviors and actions that could be charged under that definition, it’s vital to have an experienced defense attorney to help you navigate these charges. At Hanlon Law, our legal team has nearly two decades of experience in criminal defense. We know the ins and outs of the courtroom, as well as the tactics the prosecution might try to use to secure a conviction. We’ll use every ounce of our knowledge to your benefit and help you achieve the best possible outcome. 


Contact us today to schedule a free consultation.

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