WHAT THE JUVENILE COURT CAN DO

A.    GENERALLY

The Juvenile Court has the authority to deal with cases involving persons less than 18 years of age, or persons 18 and over who are under the continued jurisdiction of the Court.

The penalties for “children” (persons less than 18) who violate federal, state or municipal laws are not the same as the penalties for “adults” (persons 18 or older) who violate the same law.  However, the Juvenile Court has very broad discretionary powers and can order anything considered being reasonable for the best interest of the child or for the protection of the public.

B.    POSSIBLE COURT ACTION - The types of actions that the Juvenile Court might take include:

1.     Placing a child on probation or under protective supervision at home.
2.     Placing a child in legal custody of a relative or other suitable person.
3.     Placing a child in the legal custody of the State Division of Child and Family Services or other public agency.
4.     Committing a child to the custody of the State Division of Youth Corrections for secure confinement or supervision, i.e., to the Southwest Utah Center facility, for placement in a residential and/or community-based program for treatment, or for short-term observation and assessment.                                                                                                  
5.     Ordering the child to replace, repair, or otherwise make restitution for damage or loss caused by the child.
6.     Ordering the child to pay a fine, or impose a work order.
7.     Ordering parents and child to become involved in appropriate counseling and treatment programs.
8.     Terminating ALL parental rights.
9.     Certification of a minor to be tried as an adult.
10.   Commitment to detention for not more than ten days and a fine not to exceed $200 - if found in contempt of court for refusing to obey an Order of the Court.
11.   Commitment to detention not to exceed 30 days when convicted of an act which, if committed by an adult, would be a criminal offense.


C.        UNPAID FINES OR RESTITUTION ORDERS
           
1.         A 1983 law added to the Operator’s and Chauffeur’s License Act allows for the suspension of the driver’s license of any person who has an unpaid fine, restitution order or an outstanding warrant from the Juvenile Court.  Also be advised that your Utah State income tax refund can be collected to pay for delinquent fines and restitution.

2.         The Juvenile Court retains jurisdiction concerning a person more than 21 years of age who has failed to comply with an order to the Juvenile Court to pay a fine or restitution if the order was imposed prior to the person’s 21st birthday.

3.         The Court may notify the State of Utah of unpaid accounts, who may in turn withhold release of state income tax refunds until unpaid accounts are cleared

RUNAWAYS AND UNGOVERNABLES/EMANCIPATION

A.        If you are less than 18 and leave home without parental consent and/or with the intention of “running away,” you are considered a “runaway.”  If you are less than 18 and continually fail to comply with the reasonable and lawful requests of a parent or guardian, custodian or school authority to the point that you are beyond their control, you may be considered “ungovernable.”

B.         Legislation (1977) gives original jurisdiction over runaways and ungovernable to the Division of Family Services or a contracting agency.  In Iron County, this agency is:

Division of Child & Family Services (DCFS)

The Iron County youth Crisis Center (435-586-1704) offers 24-hour crisis intervention for runaway and ungovernable youth and their families, and provides temporary shelter and assistance to homeless youth.  Services include 48-hour interim shelter, host home timeout, 30-day group home services, individual and family therapy and aftercare support and educational services.

C.        If you are a runaway or ungovernable youth and continue to run or demonstrate ungovernable behavior that endangers you or the community, a juvenile court referral may be necessary.  DCFS will make a court referral only after earnest and persistent efforts to work with you and your family has failed.

D.        If you are a runaway or ungovernable youth and you will not or cannot go home, temporary alternative living arrangements may be possible.

EMANCIPATION OF MINORS
(AGE OF MAJORITY)

The period of minority extends in males and females to the age of eighteen years.  All minors obtain their majority by marriage.  It is further provided that the court in divorce actions may order support to age 21.

 


THINK YOU’RE TOO YOUNG FOR PRISON?

UTAH’S SERIOUS YOUTH OFFENDER LAW

Utah’s “Serious Youth Offender Law became effective July 1, 1995.  This new law is resulting in more 16 and 17-year old youth being sent to adult court.  To avoid this happening to you, we give you this warning:


  1. If you are 16 or 17 years of age and you are charged with murder or aggravated murder, you will be sent to the adult court.  Your case cannot be tried in Juvenile Court.
  2.  
  3. If you are 16 or 17 years of age and are charged with a felony, and have already been to Mill Creek, Decker Lake or other secure facility in Utah, you will be sent to adult court.  You cannot be tried in Juvenile Court.
  4.  
  5. If you are 16 or 17 years of age and are charged with any one of the following ten offenses, you will be sent to the adult court unless you can convince the judge to keep you in the Juvenile Court:
  6.                         1.         Aggravated arson                     6.         Attempted aggravated murder
  7.                         2.         Aggravated kidnapping 7.         Attempted murder
  8.                         3.         Aggravated burglary                 8.         Aggravated sexual assault
  9.                         4.         Aggravated robbery                  9.         Shooting a firearm from a vehicle
  10.                         5.         Second time felony use 10.       Aggravated assault that intentionally
  11. causes serious bodily injury
  12.  
  13. Note that the use of a weapon or serious injury or death to a victim will usually result in your transfer to adult court if you are the offender.
  14.  
  15. If you are 14 years of age or older and are charged with any felony, you can be sent to adult court if the Juvenile Court grants a request from the prosecutor for your transfer to adult court.
  16.  
  17. One thoughtless action can change the rest of your life!!!
  18.  
  19. Think before you act
  20.  
  21. SERIOUS YOUTH OFFENDER LAW
  22.  
  23.  
  24.  
  25.  


  1. WHEN YOU TURN EIGHTEEN
  2. A.        Generally - The moment you turn 18 you may be tried within the adult court system, and you may receive the penalties that adult offenders receive for violations of federal, state, or municipal laws.
  3.  
  4. B.         Felonies - For violations classified as felonies (which include some drug and shoplifting offenses), the penalties include:
  5.                         1.  Probation - usually for first-time offenders.
  6.                         2.  Fine - at the Court’s discretion:  First or second degree felony up to $10,000, third degree felony up to $5,000.
  7.                         3.  Imprisonment - one year to life.
  8.                         4.  Death - for capital offenses.
  9. C.         Misdemeanors - For violations classified as misdemeanors (which include some drug and most shoplifting offenses), the penalties include:
  10.                         1.  Class A - one year in jail or imprisonment and/or up to #$2,500 fine.
  11.                         2.  Class B - six months in jail and/or up to $1,000 fine.
  12.                         3.  Class C - 90 days in jail and/or up to $750 fine.
  13.                         4.  Infraction - anything which is not listed as a misdemeanor is an infraction - up to $500 fine.
  14.  
  15. D.        There are many specified offenses which, if committed in concert with two or more persons, subjects the convicted perpetrator to enhanced jail or prison time.
  16.  
  17. E.         Any offenses committed before your 18th birthday will be handled by Juvenile Court even though you may have turned 18.
  18.  
  19. EXPUNGEMENT (SEALING) OF A JUVENILE RECORD
  20. You may ask the Juvenile court to seal (expunge) your Juvenile Court record if you are 18 and at least one year has passed since:
  21.  
  22.             1.  Completion of probation, and/or
  23.             2.  Expiration of Juvenile Court authority, and/or
  24.             3.  Unconditional release from the jurisdiction of the State Division of Youth Corrections
  25.  
  26. To expunge your record your must:
  27. Petition the Court for an expungement hearing by contacting the records division of the Juvenile Court.  Depending on the offense, expungement may or may not require legal assistance.  If, upon a hearing, the Court finds that you have been law abiding since your last appearance before it, the Court may order the records sealed, only you or persons named by you may inspect the records.  If you have an adult criminal record, your Juvenile record will not be expunged.
  28.  
  29.  

  1. RAPE
  2.  
  3. A person commits rape when the action involves sexual intercourse with another person without the other person’s consent(A child under the age of 14 cannot give consent).
  4.  
  5. If you have sexual intercourse with a child under the age of 16, you can be charged with unlawful sexual intercourseThis is true even if the child consents.
  6.  
  7. Where the victim is 14 years of age or older, but not older than 17, and the perpetrator is more than three years older than the victim and entices or coerces the victim to submit or participate, the crime is rape, not unlawful intercourse.
  8.  
  9. A child’s parents can initiate either of these charges.
  10.  
  11. Penalties:
  12.  
  13. Rape is a felony offense of the first degree.  If you are less than 18, the Juvenile Court has jurisdiction.  (See page 1).
  14.  
  15. PROTECTIVE SERVICES
  16.  
  17. Under the reporting statute, “child abuse or neglect” means causing harm or threatened harm to a child’s health or welfare.  “Harm or threatened harm” means damage or threatened damage to the physical or emotional health and welfare or a child through neglect or abuse and includes causing non-accidental physical or mental injury, incest, sexual abuse, sexual exploitation, molestation, or repeated negligent treatment or maltreatment.  If you have questions about child abuse or neglect, or need to make a report, please call:
  18.  
  19. 1.         Division of Child and Family Services    865-5600
  20. 2.         Cedar City Police Department              586-2956
  21. 3.         Iron County Sheriff’s Department                      867-7500
  22. 4.         Enoch City Police Department              586-9445
  23.  
  24.  
  25.  
  26.  
  27.  
  28.  
  29.  
  30. RAPE/PROTECTIVE SERVICES/CHILD ABUSE

  1. CURFEW VIOLATIONS
  2.  
  3. A.        In Cedar City, if you are less than 16 years of age, you are guilty of a curfew violation if you are out between the hours of 11:00PM and 4:00AM.
  4.  
  5.            
  6. Penalties
  7.  
  8. Because curfew violation is a status or “children’s” offense, the Juvenile Court would impose a $50.00 fee.  In the Fifth District Juvenile Court, most curfew citations are handled by a bail-forfeiture process.  Failure to pay may result in a formal appearance before the commissioner.  Under most circumstances, curfew violators, not able to be released to parent(s) will be taken to the Iron County Juvenile Receiving Center.
  9.  
  10. TRUANCY
  11.  
  12. Utah Law requires students to attend school until the age of 18.  Only a District Board of Education can release you from school attendance and then not until you are 16.  School authorities and parents are required to make earnest and persistent efforts to eliminate attendance problems.  If these efforts fail, a referral can be made by the school district to Juvenile Court (see page 1).
  13.  
  14. A police officer, truant officer or public school administrator may take you into temporary custody if you are absent from school without a valid excuse or pass.  If you are taken into custody, you can be released to the school principal, or parents or legal guardians.  If parents or legal guardians cannot be reached and you refuse to return to school, you will be referred to Juvenile Probation.  Local school boards may not authorize the issuance of truancy citations by school administrators.  Should you receive such a citation, you may be subjected to administrative penalties and to a free assessed in accordance with a uniform fee schedule adopted by the State Board of Education.
  15.                                                            
  16.  
  17.  
  18.  
  19.  
  20.  
  21.  
  22.  
  23.  
  24.  
  25. CURFEW/TRUANCY


  1. TOBACCO VIOLATIONS
  2.  
  3. A.        If you are under the age 19 and buy, accept or have in your possession tobacco in any form, you are guilty of a Class C misdemeanor.
  4.  
  5. B.         Anyone selling, giving or furnishing tobacco to someone less than 19 is guilty of a Class C misdemeanor on the 1st offense, a Class B on the 2nd and a Class A on subsequent offenses.
  6.  
  7. C.        Anyone who operates a business who knowingly allows a person less than 19 to use any form of tobacco on the premises is guilty of a Class C misdemeanor.
  8.  
  9.             Penalties
  10.  
  11.             If you are less than 19, the Juvenile Court has jurisdiction.  (See page 1).
  12.  
  13. If you are 19 or over, you are liable for a penalty which could be up to a $500 fine, 90 days in jail or both for possession, selling, giving, or furnishing to someone less than 19.  (See “When You Turn 18", page 2).
  14.  
  15.             Current violators are issued citations by police or school officials.  The Fifth District Juvenile Court process may result in a financial penalty of $60.00 for each incident and attend tobacco class.
  16.  
  17. INHALING FUMES
  18.  
  19. PSYCHO TOXIC CHEMICAL VIOLATIONS (misusing glue, gasoline and similar intoxicants)
  20.  
  21. A.        Anyone who smells or inhales the fumes of psycho toxic chemical or possesses or purchases one for the purpose of “getting high” is guilty of a Class B misdemeanor.
  22.  
  23. B.         Anyone who provides another person with a psycho toxic chemical for the purpose of “getting high” is also guilty of a Class B misdemeanor.
  24.  
  25.             Penalties:
  26.  
  27.             If you are less than 18, the Juvenile Court has jurisdiction.  (See page 1).
  28.  
  29. C.        If you are 18 or over, you re liable for a penalty which could be six months in jail, up to a $1,000 fine or both.
  30.  
  31.  
  32.  
  33.  
  34.  
  35. TOBACCO/INHALING FUMES


  1. ALCOHOL VIOLATIONS
  2.  
  3. A.        Anyone who sells or gives an alcoholic beverage to someone less than 21 is guilty of a Class Aor B misdemeanor. With knowledge of age the violation is a Class A misdemeanor, without knowledge of age it is a Class B misdemeanor.
  4.  
  5. B.         If you are less than 21 and purchase, drink, or have in your possession any alcoholic beverage, you are guilty of a Class B misdemeanor.  This includes in your car, at a part, etc.
  6.  
  7. C.        If you are under the influence of alcohol to a degree that you may endanger yourself or others in a public place or you unreasonably disturb others in a private place, you may be guilty of a Class C misdemeanor.
  8.  
  9. D.        If you are less than 21 and misrepresent your age (Class A misdemeanor) or knowingly misrepresent the age of another (Class B misdemeanor) less than 21, for the purpose of obtaining an alcoholic beverage, you are guilty of a Class A or B misdemeanor.
  10.  
  11. E.         The “Open Container Law” states that no open container of any alcoholic drink will be in a motor vehicle when the vehicle is on any highway.
  12.  
  13. Penalties:
  14.  
  15. If you are less than 18, the Juvenile Court has jurisdiction.
  16.  
  17.             1.         Possession/consumption:  First referral - bail able $50.00 fee.  Subsequent referrals - appearance in court required; fine up to $100.00 = surcharge and on 1st conviction the Court will order suspension of drivers license, will notify Driver’s License Division of suspension, will order 20 - 100 hours of community service.
  18.  
  19.             2.         Selling/supplying:  Appearance in court required; fine up to $500 = 85% surcharge, and on 1st conviction, the Court may order suspension of driver’s license, will notify Driver’s License Division, may impose 20 -100 hours of community service; on 2nd conviction, the court will notify Driver’s License Division of suspension, will order 20 -100 hours of community service.
  20.  
  21. Any case appearing in court may result in any imposition of possible court actions (see page 1) in addition to any fine ordered.
  22.  
  23. If you are more than 18, the penalty for violation of the corresponding paragraphs above could be:
  24.  
  25. 1.         Class A misdemeanor - one year in jail or imprisonment and/or up to $2,500 fine and/or violations of A, B and D above, there is a minimum mandatory fine of $200.
  26.  
  27.  
  28.  
  29.  
  30. ALCOHOL


  1. HITCHHIKING
  2.  
  3. 1.         No person will stand in a roadway, shoulder area or curb to “thumb” a ride.
  4. 2.         If you are less than 18, and found hitchhiking, you will be picked up and your parents will be contacted.
  5. 3.         If you are more than 18, a warning will be issued.
  6. 4.         Law enforcement officials may issue citations and fines may be imposed.
  7. 5.         State law considers hitchhiking a Class C misdemeanor.
  8.  
  9. TRAFFIC VIOLATIONS
  10.  
  11. 1.         All persons less than 21 are limited to a provisional license.
  12. 2.         At age 16 you may receive a temporary learner permit after successfully passing all parts of the written exam.
  13. 3.         Restrictions will be indicated on the permit according to the Division rules.  This is good for six months.
  14. 4.         Prior to age 16, the Driver’s License Division may issue an instruction permit effective for one year to any applicant enrolled in a Driver Education Program or limits operation of a motor vehicle to when only an approved instructor is occupying a seat beside the permittee.
  15. 5.         A license may not be granted to a person who has not completed a course in driver training approved by the Commissioner of the Department of Public Safety.
  16.  
  17. Penalties:
  18.  
  19. 1.         If you are less than 16, traffic offenses will be handled through Juvenile Court (see page 1).
  20. 2.         If you are 16 and over, you can be referred to Juvenile Court, Circuit Court or Justice of the Peace courts for judgment.  The Juvenile Court has limited but exclusive jurisdiction over auto homicide, DUI’s reckless driving, fleeing or joyriding.
  21.  
  22. SHOPLIFTING
  23.  
  24. A.        A police officer, store owner, or owner’s agent may stop you if they suspect you or shoplifting and conduct a reasonable search for the allegedly stolen goods.
  25. B.         You are guilty of theft by shoplifting if you take unauthorized control over a store’s merchandise, remove (or attempt to remove) an item from the premises, or remove an item without paying for it.
  26. C.        The mere possession of property recently stolen, when no satisfactory explanation of such possession is made, is sufficient for a presumption that the person stole the property.
  27.  
  28. Penalties:
  29.  
  30. 1.         If you are less than 18, the Juvenile Court has jurisdiction, and any of the possible Juvenile Court actions could be imposed (see page 1).
  31. 2.         For the shoplifter 18 years of age or over - Second Degree Felony (Stolen items valued more than $5,000):  1 - 15 years imprisonment and/or fine up to $10,000.  Third Degree Felony (Stolen items valued more than $1,000 but less than $5,000):  one - five years imprisonment and/or fine up to $5,000.  Class A Misdemeanor (stolen items valued between $300 and $1,000):  up to 12 months in jail and/or fine up to $2,500.  Class B Misdemeanor (Stolen items valued at $300 or less):  up to six months in jail and/or a fine up to $1,000.
  32.  
  33.  
  34. HITCHHIKING/TRAFFIC VIOLATIONS/SHOPLIFTING
  35.  
  36.  
  37. CONTROLLED SUBSTANCE (DRUG/ALCOHOL) VIOLATIONS
  38.  
  39. A.        A drug offense consists of the possession, use, or distribution (giving away, selling, or sharing) of any controlled substance (including marijuana, cocaine, steroids, prescription drugs not prescribed to the person possessing them, or other drugs listed in the law); or any imitation controlled substance (something that looks like a controlled substance, even though it isn’t); or any drug paraphernalia (hypodermic needles, bongs, roach clips, has pipes, etc. which may be used to produce, package, distribute or use drugs).
  40.  
  41. 1.  Possession, selling, or purchasing paraphernalia that could be related to drug use is a Class B misdemeanor offense.
  42. 2.  A violation involving the production or processing with intent to produce a controlled or counterfeit substance; or to distribute or agree, consent, offer or arrange to distribute a controlled or counterfeit substance; or to possess a controlled or counterfeit substance with intent to distribute, can be a Class A misdemeanor up to a first degree felony.
  43. 3.  Possession or use of a controlled substance; knowingly and intentionally permitting others to occupy your building, boat, etc., for the purpose of possession, using or distributing a controlled substance in any of these locations; to knowingly and intentionally be present where controlled substances are being used or possessed; and possessing an altered or forged prescription or written order for a controlled substance, can be a Class B misdemeanor up to a first degree felony.
  44.             4. Violations involving the use of imitation controlled (look-a-likes) substances, including the manufacturing; distributing and possession with intent to distribute, use or possession may result in a Class A Misdemeanor.  The 1986 Legislature eliminated any difference between distributing for value and no value.  Whether a controlled substance is given away or sold for a price, the penalty is the same.  If the offense takes place in a public or a private elementary or secondary school or on the grounds of such, or within any structure or grounds of such structure that is used for any school activity by any public or private elementary or secondary school, or within 1,000 feet of any such school, structure or grounds, the severity of the penalty may increase.
  45.  
  46. B.         An alcohol offense consists of the possession, use or distribution (giving or selling) of any alcoholic beverage (including beer).
  47.  
  48. C.         Prescription Drugs- It is against the law to sell, trade, or share prescription drugs that are prescribed to yourself or someone else.  These acts are treated the same as acts involving other controlled substances.  Additionally, it is against the law to possess prescription drugs that have been prescribed to someone else.
  49.  
  50. D.        Mandatory fee or fine, service hours and driver license suspension.
  51.             1.         1st Conviction of Any Drug Offense:
  52.                         -Court must assess 20 to 100 hours of community service;
  53.                         -Community service hours may be credited for attending an approved substance abuse program.
  54.                         -Court must order suspension of driver license;
  55.                         -All of the above is an addition to any other penalties imposed.
  56.             2.         1st Conviction of Alcohol Offense:
  57.                         -Court may order suspension of driver license;
  58.                         -Court may notify the Driver License Division;
  59.                         -Court may impose 20 - 100 hours of community service;
  60.                         -Community service hours may be credited for attending an approved substance abuse program.
  61.                         -Court may impose other sanctions.
  62.             3.         2nd Conviction of Alcohol Offense:
  63.                         -Court must order suspension of driver license if over 14;                        
  64.                         -Court must notify the Driver License Division;
  65.                         -Court may order from 20 - 100 hours of community service;
  66.                         -Community service hours may be credited for attending an approved substance program.
  67.  
  68.  
  69.  
  70.  
  71.  
  72.  
  73.  
  74.  
  75. Effective date for fee on fine and community service hours:  April 24, 1989
  76. Effective date for Driver License Suspension:  July 1, 1989
  77. Note:  If a juvenile does not yet have a driver license, and is convicted of a drug or alcohol offense, the issuance of the driver license may be delayed for at least six months from the time the juvenile would otherwise have been eligible to receive his or her license.
  78.  
  79.  

TEXTING PORNOGRAPHIC PHOTOS

When a person knowingly produces, distributes, possesses, or possesses with intent to distribute, child pornography (child pornography involves the depiction of any person under the age of 18) he/she is guilty of a second degree felony.  In fact, a separate second degree felony charge can be issued for each depiction of a minor.  For example, a person who possesses a picture that depicts three minors will be charged with three separate second degree felonies.  

This means that any pornographic pictures you have of a minor on your cell phone, computer, camera, junk/flash drives or any other device capable of carrying an image is in violation of the Sexual Exploitation of a Minor law, whether the depicted minor voluntarily acted or not.   

  1.  

EXPUNGEMENT (SEALING) OF A JUVENILE RECORD

You may ask the Juvenile court to seal (expunge) your Juvenile Court record if you are 18 and at least one year has passed since:

                        1)  Completion of probation, and/or
                        2)  Expiration of Juvenile Court authority, and/or
                        3)  Unconditional release from the jurisdiction of the State Division of Youth Corrections

            To expunge your record your must:
Petition the Court for an expungement hearing by contacting the records division of the Juvenile Court.  Depending on the offense, expungement may or may not require legal assistance.  If, upon a hearing, the Court finds that you have been law abiding since your last appearance before it, the Court may order the records sealed, only you or persons named by you may inspect the records.  If you have an adult criminal record, your Juvenile record will not be expunged

  1.  
  2.  
  3.  
  4.  
  5.  
  6.  
  7. WHERE TO CALL FOR HELP
  8.  
  1. If you have questions or are having problems, you may want to talk to someone whom you can trust.  Parents, clergymen, school counselors, or teacher are good resources.  If you prefer talking to someone else, there are many agencies to help you.  The following are available:
  2.  
  3. PUBLIC AGENCIES:
  4.             Children’s Justice Center                       435-867-4275
  5.             Child Protective Services                       877-797-3237
  6.  

           
LIVING DOCUMENT

            The laws in Utah are forever changing, some laws are updated yearly and some laws go unchanged for decades.  As society changes so must its laws.  All should be aware that for an updated version of the law the most current Utah Criminal Code should be referred to or talk with an attorney who deals with the criminal law.  The laws discussed here are explained in there general application.




 
Copyright 2009 Iron County ITS