From 6 to 10: New Minimum Age for Juvenile Delinquency and Undisciplined Jurisdiction

Session Law 2021-123 includes several significant changes to the law that governs juvenile delinquency cases. This post will describe one of those changes—an increase in the minimum age for delinquency and undisciplined cases. As I write this post, that age is set at 6 years old. G.S. 7B-1501(7)a., -1501(27)a. Beginning with offenses committed on or after December 1, 2021, the minimum age for most acts of delinquency and for all undisciplined behaviors will be 10 years old. S.L. 2021-123 § 5.(b). This change comes with limited exceptions that provide for delinquency jurisdiction for some offenses committed at ages 8 and 9, a new procedure for juvenile justice to work with children between the ages of 6 and 10 through a juvenile consultation process, and new law related to the role of parents in juvenile consultation matters. This post walks through each of these components. Age of Jurisdiction Undisciplined Juveniles: When S.L. 2021-123 takes effect on December 1, 2021, the new minimum age of undisciplined jurisdiction will be 10. S.L. 2021-123 § 5.(b). There are no exceptions to this minimum age, and there are no other changes to the law that governs undisciplined cases. Delinquent Juveniles: The changes related to the minimum age for delinquency jurisdiction are more complex. In general, the minimum age for delinquency jurisdiction will be set at 10. However, there are two limited circumstances in which children will continue to be subject to delinquency jurisdiction for offenses committed at age 8 or 9. S.L. 2021-123 § 5.(b). Those [...]