North Carolina § 14-316 - 1. Contributing to delinquency and neglect by parents and others.

§ 14-316. 1. Contributing to delinquency and neglect by parents and others.

Any person who is at least 18 years old who knowingly or willfully causes, encourages, or aids any juvenile within the jurisdiction of the court to be in a place or condition, or to commit an act whereby the juvenile could be adjudicated delinquent, undisciplined, abused, or neglected as defined by G.S. 7B-101 and G.S. 7B-1501 shall be guilty of a Class 1 misdemeanor. It is not necessary for the district court exercising juvenile jurisdiction to make an adjudication that any juvenile is delinquent, undisciplined, abused, or neglected in order to prosecute a parent or any person, including an employee of the Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety under this section. An adjudication that a juvenile is delinquent, undisciplined, abused, or neglected shall not preclude a subsequent prosecution of a parent or any other person including an employee of the Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety, who contributes to the delinquent, undisciplined, abused, or neglected condition of any juvenile. History (1919, c. 97, s. 19; C.S., s. 5057; 1959, c. 1284; 1969, c. 911, s. 4; 1971, c. 1180, s. 5; 1979, c. 692; 1983, c. 175, ss. 8, 10; c. 720, s. 4; 1993, c. 539, s. 219; 1994, Ex. Sess., c. 24, s. 14(c); 1997-443, s. 11A.118(a); 1998-202, s. 4(b); 2000-137, s. 4(c); 2011-145, s. 19.1(l); 2017-57, s. 16D.4(p); 2017-186, s. 2(ii); 2018-142, s. 23(b).) Editor's Note. - This section formerly appeared as G.S. 110-39 . It was transferred to its present position by Session Laws 1969, c. 911, s. 4. Session Laws 2017-57, s. 16D(tt), as amended by Session Laws 2018-142, s. 23(b), provides: "Sections 16D.4(a) through 16D.4(s) of this act become effective December 1, 2019, and apply to offenses committed on or after that date. Sections 16D.4(t) through 16D.4(x) of this act become effective October 1, 2017, and Sections 16D.4(t) through 16D.4(w) apply to all complaints filed on or after that date. Except as otherwise provided in this section, the remainder of this section is effective when it becomes law. Prosecutions or delinquency proceedings initiated for offenses committed before any particular subsection of this section becomes effective are not abated or affected by this act, and the statutes that are in effect on the dates the offenses are committed remain applicable to those prosecutions." Session Laws 2017-57, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2017.'" Session Laws 2017-57, s. 39.6, is a severability clause. Effect of Amendments. - Session Laws 2011-145, s. 19.1( l ), effective January 1, 2012, substituted "Division of Juvenile Justice of the Department of Public Safety" for "Department of Juvenile Justice and Delinquency Prevention." Session Laws 2017-57, s. 16D.4(p), substituted "18 years old" for "16 years old" in the first paragraph. For effective date and applicability, see editor's note. Session Laws 2017-186, s. 2(ii), effective December 1, 2017, substituted "Juvenile Justice Section of the Division of Adult Correction and" for "Division of" twice in the second paragraph. Legal Periodicals. - For survey of 1979 criminal law, see 58 N.C.L. Rev. 1350 (1980). For note on the indigent parent's right to state furnished counsel in parental status termination proceedings, see 17 Wake Forest L. Rev. 961 (1981). For note discussing a new means to combat child abuse in light of State v. Walden, 306 N.C. 466 , 293 S.E.2d 780 (1982), see 5 Campbell L. Rev. 415 (1983). For comment, "The Child Abuse Amendments of 1984: Congress is Calling North Carolina to Respond to the Baby Doe Dilemma," 20 Wake Forest L. Rev. 975 (1984). For article, "Evolutionary Analysis in Law: An Introduction and Application to Child Abuse," see 75 N.C.L. Rev. 1117 (1997).