Juvenile Law

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Juvenile Law – Missouri Guideline Manual

Who is an adult under Missouri law?
For purposes of the juvenile code, an adult is a person seventeen years of age or older while a child is someone under seventeen years of age. For other purposes, the age at which a person becomes an adult can be different. For example, a person becomes an adult for driving purposes as early as fifteen and one-half years of age and as late as eighteen, depending upon the type of driver’s license granted. For purposes of buying a long gun, a person must be eighteen, while a person must be twenty-one to purchase a handgun. A person must be twenty-one years of age to consume or possess alcoholic beverages. Thus, a person reaches adulthood at different ages for different purposes.

What is a delinquent act?
A delinquent act is an act which, if that same act were committed by an adult, would constitute a crime. The juvenile court has jurisdiction over any person who is under seventeen at the time the delinquent act is committed except that the juvenile court does not have jurisdiction over non-felony traffic offenses committed once the juvenile becomes fifteen and one-half years of age. In addition, the juvenile court does not have exclusive jurisdiction over a juvenile who is alleged to have violated either a municipal curfew ordinance or a juvenile who is alleged to have violated a state or municipal ordinance or regulation prohibiting possession or use of any tobacco product. Thus, both the adult and the juvenile courts have concurrent jurisdiction over juveniles who violate curfew or tobacco ordinances or laws.

What happens when a juvenile is taken into custody?
The juvenile will be released to the juvenile’s custodian or another suitable person unless substantial reasons exist for detaining the juvenile. Generally, appropriate reasons for detention in reference to delinquent acts may include, but are not limited to:
1. Alleged acts resulting in serious bodily injury or property damage/loss which constitutes a felony.
2. Acts of misconduct that placed any person or the general public at risk of serious harm.
3. Acts of misconduct involving a weapon or sexual offense.
4. Circumstances that indicate the juvenile is a significant flight risk and in need of protection.