Juvenile Laws Flashcards
What are the elements of Relative or Parenting Kidnapping?
Ch265-Sec26A
1) A person being a relative of a child UNDER 18 YEARS of age;
2) Without lawful authority;
3) Takes or entices a child away from the legal guardian or
4) Intends to hold the child for an extended period of time.
Or
1) A person takes or entices away from lawful custody;
2) Any incompetent person
Felony–if the victim is EXPOSED TO DANGER or taken out of MASSACHUSETTS with no statutory right of arrest for all other circumstances.
Who may petition the court for a Child Requiring Assistance?
1) A parent or guardian in the case of behavioral problems at hone or a runaway.
2) A school official in the case of School related problems (failure to attend school or follow school regulations)
Ch 119-Sec 39E
What minimum responsibilities does a police agency have upon taking a report for a missing juvenile?
1) IMMEDIATELY enter the missing juvenile’s information into CJIS and LEAPS (“central register”)
2) immediately undertake to locate such missing child.
3) notify the last known elementary or secondary school, either public or private, in which such child had been enrolled
Ch 22A- Sec 4 and 9
Mandatory reporters (includes police officers) have what responsibilities to children under 18 years of age?
1) If reasonable cause exists:
2) That physical, sexual or emotional abuse has occurred; or
3) That neglect by a person with custody has occurred;
4) Then a VERBAL report must be made IMMEDIATELY to DCF.
5) A written report must follow within 48 HOURS.
Ch119-Sec 51A and 51B
How old does a person have to be in oder to consent to sexual intercourse?
16 years old
NOTE: This is the age of consent in Massachusetts
How old does a child have to be in order to deliver newspapers?
9 years old
Ch149-Sec 69
NOTE: No child shall be so employed during the hours that the public schools in the city or town in which such boy or girl resides are in session nor before six o’clock in the morning or after eight o’clock in the evening.
What is the penalty for selling tobacco products to a minor?
FIRST OFFENSE: Not less than a $100.00 fine
SECOND OFFENSE: Not less than a $200.00 fine
THIRD or SUBSEQUENT OFENSE: Not less than a $300.00 fine
Ch270-Sec6
NOTE: No statutory right of arrest, you must summons.
How old do you have to be to purchase tobacco products?
18 years old
Ch270-Sec6
What is the penalty for selling rolling papers to a minor?
FIRST OFFENSE: Not less than a $25.00 fine
SECOND OFFENSE: Not less than a $50.00 fine
THIRD OFFENSE or SUBSEQUENT OFFENSE: Not less than a $50.00 fine
Ch270-Sec 6A
NOTE: Arrestable via C94C-Sec 41
A Junior Operator is not allowed to operate a motor vehicle between what hours?
Between the hours of 12:30am and 5:00pm
Ch90-Sec 8
NOTE: It is permissible if the junior operator is accompanied by a parent or legal guardian
SECONDARY ENFORCEMENT ONLY: BETWEEN 12:30AM TO 1:00AM AND BETWEEN 4:00AM TO 5:00AM.
CHILD REQUIRING ASSISTANCE is a child between the ages of 6 and 18 who:
(i) Repeatedly runs away from the home of the child’s parent, legal guardian, or custodian;
(ii) Repeatedly fails to obey the lawful and reasonable commands of the child’s parent, legal guardian or custodian, thereby interfering with their ability to adequately care for and protect the child;
(iii) Repeatedly fails to obey the lawful and reasonable regulations of the child’s school; or
(iv) Is habitually truant
What guidelines have been established to protect child status offenders who have been taken into custody and detained at a police station?
1) The juvenile must be kept under constant visual supervision.
2) Juvenile must be held only long enough to process and transfer.
3) Juvenile may not be handcuffed to any stationary item.
4) Juvenile must be held in an unlocked area.
5) The area of detention must not be a residential area.
42 U.S.C.5601
When a law enforcement officer takes a child into custodial protection, the law enforcement officer, in consultation with the probation officer, shall then immediately make all reasonable diversion efforts so that such child is delivered to the following types of placements, and in the following order of preference:
(i) FIRST PRIORITY–Parent/Guardian
(ii) SECOND PRIORITY–Shelter Facility
(iii) LAST RESORT–Directly to JV Court but only after the first and second priorities above were unsuccessful.
NOTE: children requiring assistance cannot be placed in “shackles”
What are the rules regarding the transport of Juvenile Status Offenders in a Police Wagon?
1) Police Officers may not transport;
2) A child involved in any proceeding;
3) In a “patrol wagon”
4) To any court or institution.
CH119-Sec 34
NOTE: “must use other suitable transportation”
At what age must a child be provide with an “ACTUAL OPPORTUNITY” to consult with an interested adult in regards to a Miranda Warning?
UNDER THE AGE OF 14 YEARS OLD: child must be provided with an ACTUAL OPPORTUNITY
Ages 14, 15 & 16 still must have an actual opportunity unless can show high degree of intelligence, sophistication, and/or knowledge of the criminal justice system.
In reference to Juvenile Miranda, what age must the interested adult be to advise the juvenile?
18 years of age or older
Distributing or Intending to Distribute Class A, B, or C to a Minor is;
A FELONY, arrest based on probable cause
CH 94C-Sec 32F
NOTE: a minor under this statue is anyone UNDER 18 YEARS OLD–2 YEAR MINIMUM MANDATORY SENTENCE
Placing a child into Protective Custody for exposure to Class A, B, C (drugs):
1) Police must have reasonable belief the child is UNDER 17 YEARS OF AGE (i.e 16)
2) Police may hold the child in P.C. up to 4 HOURS
3) Th child does not receive a criminal record for this offense.
CH94C-Sec 36
NOTE: this applies if the child IS IN THE PRESENCE of Class A, B, C.
When can a person under 21 years of age legally consume alcohol?
When the alcohol is provided by a parent or grandparent and is served on property owned or controlled by the parent or grandparent
CH138-Sec34
In order to charge the additional penalty of possession with the intent to distribute Class A,B,C,D,E within a school zone or park, what is the distance?
300 feet from a school only but between the hours of 5 AM and Midnight.
100 feet from a park or playground
CH 94C-Sec 32J
A school bus should not exceed ______ mph while actually engaged in carrying school children?
40 MPH
CH90-Sec17
EXCEPTION: may travel beyond 40 mph if the school bus is traveling on a limited access highway
TOBACCO: SALE OR GIFT TO MINORS
Whoever sells a cigarette, chewing tobacco, snuff, or any tobacco in any of its forms to any person under the age of ________ or, NOT BEING HIS PARENT OR GUARDIAN, gives a cigarette, chewing tobacco, snuff, or tobacco in any of its forms to any person under the age of________.
UNDER 18 YEARS OLD
CH 270-Sec 6
DCF shall accept for placement into foster care any newborn infant _______ OF AGE OR LESS that is voluntarily placed with a “DESIGNATED FACILITY” by a parent of the newborn infant.
7 DAYS
NOTE: A “designated facility” includes: a hospital, a police department, or a manned fire station.
CH 119-Sec 39 1/2
According to CH 119 Sec 51A, a mandated reported who, in his professional capacity, shall report abuse when he has REASONABLE CAUSE to believe that a child is suffering physical or emotional injury resulting from (3):
1) abuse inflicted upon him which causes harm or substantial risk of harm to the child’s health or welfare, including sexual abuse;
2) neglect, including malnutrition;
or
3) physical dependence upon an addictive drug at birth
If the child is under _______ years of age, the court shall FIRST ISSUE A SUMMONS requiring him to appear. A warrant may be issued if:
** the court believes that the child will not appear
or
** if a summons had previously been issued and the child failed to appear
12 YEARS OLD
CH 119-Sec 54
YOUTHFUL OFFENDER
A person who is alleged to have committed an offense against a law of Massachusetts while between the ages of 14 and 17 (ages 14 15 and 16) which, if he were an adult, would be punishable by imprisonment in the state prison and (3):
1) The person has previously been committed to the department of youth services (DYS),
or
2) The offense involves the INFLICTION OR THREAT OF SERIOUS BODILY HARM in violation of law
or
3) The person has committed a violation of CH 269 Sec 10(a), (c), or (d) (POSSESSION OF A FIREARM, RIFLE, SHOTGUN, SAWED-OFF SHOTGUN, OR MACHINE GUN) or CH 269 Sec 10E (TRAFFICKING IN GUNS)
CH 119-Sec 54
