What is the difference between an incorrigible and delinquent youth?

Did you know that Arizona law makes a distinction between two different types of juvenile offenders?  Juvenile offenders can be classified as either “incorrigible” or “delinquent” depending on what they have been charged with.  Generally speaking, incorrigible children are those who get in trouble for acts which are against the law for a juvenile but not for an adult, while delinquent children are those who have committed acts which would be a crime if committed by an adult.

Arizona Revised Statute § 8-201.16 defines the criteria for being an incorrigible juvenile as follows:

“16. “Incorrigible child” means a child who:
(a) Is adjudicated as a child who refuses to obey the reasonable and proper orders or directions of a parent, guardian or custodian and who is beyond the control of that person.
(b) Is habitually truant from school as defined in section 15-803, subsection C.
(c) Is a runaway from the child’s home or parent, guardian or custodian.
(d) Habitually behaves in such a manner as to injure or endanger the morals or health of self or others.
(e) Commits any act constituting an offense that can only be committed by a minor and that is not designated as a delinquent act.
(f) Fails to obey any lawful order of a court of competent jurisdiction given in a noncriminal action.”

Delinquent juveniles are those who have been charged with committing a “delinquent act” which is defined by Arizona Revised Statute § 8-201.10:

“10. “Delinquent act” means an act by a juvenile that if committed by an adult would be a criminal offense or a petty offense, a violation of any law of this state, or of another state if the act occurred in that state, or a law of the United States, or a violation of any law that can only be violated by a minor and that has been designated as a delinquent offense, or any ordinance of a city, county or political subdivision of this state defining crime. Delinquent act does not include an offense under section 13-501, subsection A or B if the offense is filed in adult court. Any juvenile who is prosecuted as an adult or who is remanded for prosecution as an adult shall not be adjudicated as a delinquent juvenile for the same offense.”

The Legal Jargon: ARS §§ 8-210.10 and 8-210.16

The juvenile court process is much different and more complex than adult court.  If you or a loved one has been arrested for juvenile crimes, it is important to have an experienced juvenile criminal attorney on your side.  At Oracle Law Group, we have veteran juvenile lawyers on staff who can help you through this difficult time.  If your loved one is in trouble, do not wait.  Contact us today for your free consultation.  At Oracle Law Group we listen, we care, and we want to help.

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