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Understanding California’s Age of Criminal Responsibility: Can Young Children Be Charged?
When a child faces possible criminal charges, parents are often shocked and unsure how the legal system applies. At the Law Office of Katie Walsh, your trusted Orange County juvenile defense lawyer, we help families understand how California determines which young offenders enter the juvenile justice system. Our goal is simple: to do everything possible under the law to achieve the best results for your child.
California’s Current Age Laws
California law now sets a minimum age of 12 for juvenile court jurisdiction under Senate Bill 439. Before 2018, there was no lower age limit, so children of any age could theoretically face formal charges.
Today, children under 12 generally cannot be processed through juvenile delinquency court. Counties use informal interventions like counseling or diversion programs instead. This change reflects research showing very young children often lack the cognitive maturity to understand the consequences of unlawful actions.
Exceptions for Serious Crimes
While 12 is the general floor, California law allows younger children to face juvenile court for certain offenses:
- Murder under Penal Code 187
- Rape or sodomy under Penal Codes 261 and 286
- Oral copulation and sexual penetration by force under Penal Code 288a and 289
- Kidnapping under Penal Code 207
These serious offenses can trigger court jurisdiction regardless of age. Unlike less severe matters handled informally, children accused of these violent crimes enter formal hearings that may result in detention or probation. Parents should understand what to expect in a juvenile court hearing and seek experienced Orange County juvenile defense attorney representation immediately.
What Happens to Children Under 12
Children under 12 accused of nonviolent misconduct do not appear in juvenile court. Instead, schools, social services, and law enforcement may collaborate on:
- Counseling and behavioral assessments
- Referral to community diversion programs
- Restorative justice practices with victims
- Family support services
These measures aim to address underlying issues without formal delinquency records. Parents often find these alternatives more constructive for young children. If your child’s situation feels overwhelming, an Orange County juvenile defense lawyer can help you evaluate diversion options and advocate for your family.
Parental Responsibility and Liability
Parents may also face legal or financial consequences when a minor commits a crime. Key forms of responsibility include:
Civil Liability
Parents can be sued for property damage or personal injury caused by their child. Insurance may cover some costs, but families sometimes need legal guidance to resolve claims.
Contributing to Delinquency
Under Penal Code 272, adults who encourage or permit delinquent behavior can face misdemeanor charges. This rarely results in prosecution but highlights the importance of parental supervision.
Restitution Orders
Juvenile courts can order parents to pay restitution for victims’ losses if the court finds it appropriate.
An experienced Orange County juvenile defense lawyer helps parents understand these obligations and negotiate fair resolutions.
Talk to a Compassionate Orange County Juvenile Defense Lawyer About Your Child’s Case
Understanding California’s rules for charging young children can ease parental anxiety and guide appropriate responses. When a minor faces allegations, immediate contact with the Law Office of Katie Walsh at (714) 351-0178 or by contacting us online provides answers and advocacy from a dedicated Orange County juvenile defense attorney. Our approach combines in-depth legal knowledge with compassionate support to protect your child’s future.
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