Status offense
Encyclopedia
Two common definitions of a status offense or status crime are
1. A status offense is an action that is prohibited only to a certain class of people, and most often applied to offenses only committed by minors
.
2. In the United States, the term status offense refers to an offense such as a traffic violation where motive is not a consideration in determining guilt. In the United Kingdom and Europe, this type of status offense may be termed a regulatory offense
.
states that a juvenile status offense is a crime which cannot be committed by an adult. For example, possession of a firearm by a minor, by definition, cannot be done by an adult. In some states the term "status offense" does not apply to adults at all; according to Wyoming law, status offenses can only be committed by people under 18 years of age.
Juvenile status offenders are distinguished from juvenile delinquent offenders in that status offenders have not committed an act that would be considered a crime if it were committed by an adult, whereas delinquent youths have committed such an act.
, tobacco smoking
, truancy
, and running away
from home. These acts may be illegal for persons under a certain age, while remaining legal for all others, which makes them status offenses.
Status offense may also apply to other classes, including laws forbidding ownership of firearm
s by felons
, where such ownership is otherwise legal.
Laws that prohibit certain actions to certain persons based on their sex, race, nationality, religion, etc., are also status offenses. A law that prohibits men from using public toilets
intended for women, or a law that sets a curfew
for people below a certain age, are examples of status offenses, although they are not always thought of as such.
In some jurisdictions, as social conventions have evolved over time, status offenses that were codified into law long ago are either no longer actively enforced or actually conflict with more recent legislation and cannot be enforced, even though they remain on the books. An example (in countries such as the United States
) would be a local ordinance
that forbids women to wear pants
instead of skirt
s.
1. A status offense is an action that is prohibited only to a certain class of people, and most often applied to offenses only committed by minors
Minor (law)
In law, a minor is a person under a certain age — the age of majority — which legally demarcates childhood from adulthood; the age depends upon jurisdiction and application, but is typically 18...
.
2. In the United States, the term status offense refers to an offense such as a traffic violation where motive is not a consideration in determining guilt. In the United Kingdom and Europe, this type of status offense may be termed a regulatory offense
Regulatory offences
A regulatory offence or quasi-criminal offence is a class of crime in which the standard for proving culpability has been lowered so a mens rea element is not required...
.
Usage
Definitions of status offense vary. A neutral definition may be "[a] type of crime that is not based upon prohibited action or inaction but rests on the fact that the offender has a certain personal condition or is of a specified character." The Federal Sentencing GuidelinesFederal Sentencing Guidelines
The Federal Sentencing Guidelines are rules that set out a uniform sentencing policy for individuals and organizations convicted of felonies and serious misdemeanors in the United States federal courts system...
states that a juvenile status offense is a crime which cannot be committed by an adult. For example, possession of a firearm by a minor, by definition, cannot be done by an adult. In some states the term "status offense" does not apply to adults at all; according to Wyoming law, status offenses can only be committed by people under 18 years of age.
Juvenile status offenders are distinguished from juvenile delinquent offenders in that status offenders have not committed an act that would be considered a crime if it were committed by an adult, whereas delinquent youths have committed such an act.
Examples
Status offenses may include consumption of alcoholLegal drinking age
Laws about the legal drinking age cover a wide range of issues and behaviours, addressing when and where alcohol can be consumed. The minimum age alcohol can be legally consumed can be different to the age when it can be purchased. These laws vary among different countries and many laws have...
, tobacco smoking
Tobacco smoking
Tobacco smoking is the practice where tobacco is burned and the resulting smoke is inhaled. The practice may have begun as early as 5000–3000 BCE. Tobacco was introduced to Eurasia in the late 16th century where it followed common trade routes...
, truancy
Truancy
Truancy is any intentional unauthorized absence from compulsory schooling. The term typically describes absences caused by students of their own free will, and usually does not refer to legitimate "excused" absences, such as ones related to medical conditions...
, and running away
Runaway youth
A runaway is a minor or a person under an arbitrary age, depending upon the local jurisdiction, who has left the home of his or her parent or legal guardian without permission, or has been thrown out by his or her parent and is considered by the local authorities to lack the capacity to live under...
from home. These acts may be illegal for persons under a certain age, while remaining legal for all others, which makes them status offenses.
Status offense may also apply to other classes, including laws forbidding ownership of firearm
Firearm
A firearm is a weapon that launches one, or many, projectile at high velocity through confined burning of a propellant. This subsonic burning process is technically known as deflagration, as opposed to supersonic combustion known as a detonation. In older firearms, the propellant was typically...
s by felons
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
, where such ownership is otherwise legal.
Laws that prohibit certain actions to certain persons based on their sex, race, nationality, religion, etc., are also status offenses. A law that prohibits men from using public toilets
Toilet
A toilet is a sanitation fixture used primarily for the disposal of human excrement, often found in a small room referred to as a toilet/bathroom/lavatory...
intended for women, or a law that sets a curfew
Curfew
A curfew is an order specifying a time after which certain regulations apply. Examples:# An order by a government for certain persons to return home daily before a certain time...
for people below a certain age, are examples of status offenses, although they are not always thought of as such.
In some jurisdictions, as social conventions have evolved over time, status offenses that were codified into law long ago are either no longer actively enforced or actually conflict with more recent legislation and cannot be enforced, even though they remain on the books. An example (in countries such as the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
) would be a local ordinance
Local ordinance
A local ordinance is a law usually found in a municipal code.-United States:In the United States, these laws are enforced locally in addition to state law and federal law.-Japan:...
that forbids women to wear pants
Trousers
Trousers are an item of clothing worn on the lower part of the body from the waist to the ankles, covering both legs separately...
instead of skirt
Skirt
A skirt is a tube- or cone-shaped garment that hangs from the waist and covers all or part of the legs.In the western world, skirts are usually considered women's clothing. However, there are exceptions...
s.
See also
- Person In Need of SupervisionPerson In Need of SupervisionPersons in need of supervision is a term frequently used by social services agencies in the United States to describe a juvenile who is not currently in the household of a parent or legal guardian, or is currently not under their control as evidenced by the person's status offense, who is not an...
- Quasi-criminalQuasi-criminalQuasi-criminal means a lawsuit or equity proceeding that has some, but not all, of the qualities of a criminal prosecution. It may appear in either a Common law or a Civil law jurisdiction...
- Regulatory offencesRegulatory offencesA regulatory offence or quasi-criminal offence is a class of crime in which the standard for proving culpability has been lowered so a mens rea element is not required...
- Youth rightsYouth rightsYouth rights refers to a set of philosophies intended to enhance civil rights for young people. They are a response to the oppression of young people, with advocates challenging ephebiphobia, adultism and ageism through youth participation, youth/adult partnerships, and promoting, ultimately,...