Contributing to the Delinquency of a Minor and Open House Parties

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Our office answers 24 hours a day.

Contributing to Delinquency or Dependency (§ 827.04(1))

It is a crime to:

• commit any act that causes, tends to cause, encourages, or contributes to a child becoming a delinquent or dependent child or a child in need of services; or
• induce or try to induce a child, by act, threat, command, or persuasion, to do something, follow a course of conduct, or live in a way that causes or tends to cause the child to become or remain delinquent, dependent, or in need of services.

Under instruction 16.4, the State must prove that you acted knowingly. The instruction defines that as creating a substantial and unjustifiable risk that your act would cause or tend to cause the result. A "child" is anyone under 18.

This is a first-degree misdemeanor (up to 1 year in jail and a $1,000 fine).

No juvenile ruling is needed. The statute says the State does not need a juvenile court to declare the child delinquent, dependent, or in need of services before prosecuting, and a juvenile court ruling does not prevent a later prosecution.

Impregnating a Child Under 16 (§ 827.04(3))

A person 21 or older who impregnates a child under 16 commits a third-degree felony (up to 5 years and $5,000), which the statute classifies as child abuse. Under instruction 16.4(a), the State must prove the pregnancy, the accused's age, and the child's age. The statute says the child's consent is not a defense, and the charge can be brought in addition to other offenses from the same episode. See Sex Crimes Defense.

Open House Parties (§ 856.015)

A person 18 or older who controls a residence may not allow an open house party (a social gathering at a home) where a minor possesses or consumes alcohol or drugs, if the person knows it is happening and fails to take reasonable steps to prevent it. For alcohol purposes, a minor is anyone under 21. The law does not apply to alcohol at legally protected religious observances.

• First violation: second-degree misdemeanor (up to 60 days and $500).
• Second or later violation: first-degree misdemeanor.
• Death or serious bodily injury: under instruction 30.10, if the violation causes or contributes to the death or serious injury of the minor, or the minor then causes or contributes to the death or serious injury of someone else because of drinking or drug use at the party, it is a first-degree misdemeanor. The State must prove all seven elements, including your knowledge and your failure to take reasonable steps.

How We Defend These Cases

• Knowledge. Did you actually know what the minor was doing?
• Reasonable steps. What you did to stop the drinking or drug use matters.
• Control of the residence. Who really had authority over the home?
• The link to the child's conduct. A vague connection is not enough.

What to Do First

1. Do not talk to police or school officials about the incident without a lawyer.
2. Do not contact the minors or their families. Save texts, invitations, and messages that show what you knew and did.
3. Call us. See Turning Yourself In.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

See our Results page, Juvenile Crimes, and Selling Alcohol to Minors.

Frequently Asked Questions

My teenager's friends drank at my house while I was asleep. Can I be charged?

The open house party law requires that you knew minors had alcohol or drugs and failed to take reasonable steps to stop it. What you knew is often the central question.

Is contributing a felony?

Contributing under § 827.04(1) is a first-degree misdemeanor. Impregnating a child under 16 when the accused is 21 or older is a third-degree felony.