Anyone have a link or know the answer about 1st degree BY a minor to another (several) minors? The suspect is a mid teen (under 16) and the victims are little kids. Some are related to the suspect. I'm looking for possible penalties and or laws regarding this. All I've been able to find so far are concerning adults. Thank you.
2007-01-18 03:43:59 · 3 answers · asked by Mom of one 1 in Politics & Government ➔ Law Enforcement & Police
Sorry. This is for Wisconsin.
2007-01-18 03:56:41 · update #1
Sorry I wasn't clear. This is not my son but my nephew.
2007-01-18 04:32:31 · update #2
When one is charged with a criminal act. - The law does not take into account age - A minor if charged with such an offense can be waived and stand trial as an adult. The only exceptions for minors are if they are less then 7 years old or mentally deficient in some way. There does not exist to separate laws - one for minor and one for adults in your circumstance.
2007-01-18 04:04:27 · answer #1 · answered by Anonymous · 0⤊ 0⤋
I would say that the laws vary by state. I think all states have statutes on the internet. I am not exactly clear on the laws, but I think that they could try your son as an adult at the judges' discretion? I know of a case where a 16 year old was tried as an adult. I would recomend that you get a good lawyer to defend your son......that is, if he gets charged with a crime. You might try to talk to a lawyer through a consultation (sometimes free, check first), or you could talk to a public defender for advice because they would know the laws of where you live, and asnwer most questions you have. If you could let us know what state you live in, we could do some research.
The age of majority for criminal offenses and forfeitures is 17. Wis. Stats. § 938.02(1) provides that " 'Adult' means a person who is 18 years of age or older, except that for purposes of investigating or prosecuting a person who is alleged to have violated any state or federal criminal law or any civil law or municipal ordinance, 'adult' means a person who has attained 17 years of age." See WI Statute § 938.183 "Original adult court jurisdiction for criminal proceedings" for more information regarding age. There are other circumstances in which a person under age 17 could be dealt with in adult court, including: (1) A juvenile age 15 or 16 may be "waived" into adult court by the juvenile court, and (2) there are certain very serious offenses that may be prosecuted in adult court.
I am not a lawyer, anything I say cannot be used against me.
2007-01-18 03:58:18 · answer #2 · answered by littlelittledean 1 · 0⤊ 0⤋
This is one of the big gray areas in law. As most know, you may have your juvenile records sealed when you are 18. As a juvenile, you can also be charged as an adult for crimes as well. Here in TX though, there are cases where juveniles are charged as juveniles, and go through the whole court process and sentancing as juveniles. But, they are also still required to register as a sex offender. Thus, even sealing the records will not do away with the fact he is a registered sex offender.
Most likely he will see a lot of counseling and therepy in his future. At that young of an age, they will focus more on that as apposed to the punishment. Don't get me wrong, he should be punished, but the hope is that he is young and can hopefully somehow be treated as well.
the forty year old is who is molesting the child should be locked up, and the key melted down. If you throw it away, someone could find it. A young person doing the same thing, they are going to try to help in some way before just putting him away.
2007-01-18 04:33:47 · answer #3 · answered by ? 5 · 0⤊ 0⤋