Status Offenders

The Origin of Status Offenses

When the first juvenile court was created in Cook County, Illinois, in 1899, the court's jurisdiction clearly was distinct from its adult criminal court counterpart. The proceedings were confidential, informal, and nonadversarial. In terms of subject matter jurisdiction, the juvenile court had responsibility for three kinds of cases: delinquency, dependency, and neglect. Dependency and neglect cases did not deal with what a child had done but with the situation in which the child was found. In reality, these types of cases were directed more at parents and guardians than at youngsters. Children were not offenders in these circumstances; they were more often viewed as victims.

This perspective did not exist for delinquency. In the broadest definition of the term, delinquency involved any offense that would be a crime (felony or misdemeanor) for an adult. However, the original juvenile court's definition of delinquency also included violations of the law that would not be offenses for adults. These are status offenses. Status offenses are defined primarily in terms of the child's age status (a person under the legal age of majority), and they are any violation of the law for a child—in the majority of states someone under the age of 18—that would not be a crime if committed by an adult. Specific examples, along with definitions, will give further clarification.

Types of Status Offenses

Several status offenses have dominated the consideration of these legal transgressions. The most common status offenses have almost always been truancy, running away, curfew violations, alcohol-related offenses, tobacco use, underage gambling, and virtually any form of sexual intercourse. Once again, it is essential to remember that these activities are not law violations for adults under most circumstances.