Raising Up An Alliance of Discerning Luminaries

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  In Mississippi, youth larceny is the theft of personal property committed by a person under the age of 18, handled by the state's Youth Court system. In cases of severe or violent offenses, a juvenile can be transferred to adult court. Legal definition of larceny. Mississippi law does not have a separate legal definition of larceny for juveniles, but instead applies the same definition as for adults, which is the "unlawful taking and carrying away of another's personal property with the intent of permanently depriving the owner of it". The specific charges depend on the value of the property stolen. 

• Petit (or Petty) Larceny: The theft of property valued at less than $1,000. It is a misdemeanor offense.
• Grand Larceny: The theft of property valued at $1,000 or more. This is a felony offense with varying degrees of punishment depending on the value of the stolen property.
• Motor Vehicle Larceny: The theft of a motor vehicle is an exception. By law, any child charged with stealing a motor vehicle must be tried in adult Circuit Court, not Youth Court. 

Youth court jurisdiction and procedures For most larceny offenses, cases involving individuals under 18 fall under the jurisdiction of the Youth Court. 

• Delinquent Act: Larceny committed by a juvenile is considered a "delinquent act," not a crime.
• Rehabilitation focus: The juvenile justice system in Mississippi emphasizes rehabilitation over punishment for most non-violent offenses.
• Youth court process: Youth court proceedings are generally closed to the public and are held without a jury.
• Parental involvement: Parents or guardians are expected to be involved throughout the process, including attending hearings. 

Consequences and programs The goal for youth larceny cases is to address the underlying behavior and avoid official charges where possible. 

• Diversion programs: For first-time or less serious offenses, youth may be placed in a diversion program instead of facing formal charges. Successful completion can result in the charges being dropped.
• Other consequences: If adjudicated guilty, a juvenile might be ordered to complete counseling, community service, or pay restitution to the victim.
• Department of Youth Services (DYS): For more serious or repeat offenses, the court may place a juvenile in an institutional program administered by the Mississippi Department of Human Services (MDHS) Division of Youth Services. 

  In Mississippi, youth larceny is the theft of personal property committed by a person under the age of 18, handled by the state's Youth Court system. In cases of severe or violent offenses, a juvenile can be transferred to adult court. Legal definition of larceny. Mississippi law does not have a separate legal definition of larceny for juveniles, but instead applies the same definition as for adults, which is the "unlawful taking and carrying away of another's personal property with the intent of permanently depriving the owner of it". The specific charges depend on the value of the property stolen. 

• Petit (or Petty) Larceny: The theft of property valued at less than $1,000. It is a misdemeanor offense.
• Grand Larceny: The theft of property valued at $1,000 or more. This is a felony offense with varying degrees of punishment depending on the value of the stolen property.
• Motor Vehicle Larceny: The theft of a motor vehicle is an exception. By law, any child charged with stealing a motor vehicle must be tried in adult Circuit Court, not Youth Court. 

Youth court jurisdiction and procedures For most larceny offenses, cases involving individuals under 18 fall under the jurisdiction of the Youth Court. 

• Delinquent Act: Larceny committed by a juvenile is considered a "delinquent act," not a crime.
• Rehabilitation focus: The juvenile justice system in Mississippi emphasizes rehabilitation over punishment for most non-violent offenses.
• Youth court process: Youth court proceedings are generally closed to the public and are held without a jury.
• Parental involvement: Parents or guardians are expected to be involved throughout the process, including attending hearings. 

Consequences and programs The goal for youth larceny cases is to address the underlying behavior and avoid official charges where possible. 

• Diversion programs: For first-time or less serious offenses, youth may be placed in a diversion program instead of facing formal charges. Successful completion can result in the charges being dropped.
• Other consequences: If adjudicated guilty, a juvenile might be ordered to complete counseling, community service, or pay restitution to the victim.
• Department of Youth Services (DYS): For more serious or repeat offenses, the court may place a juvenile in an institutional program administered by the Mississippi Department of Human Services (MDHS) Division of Youth Services. 

  In Mississippi, a youth running away is not a crime but a status offense categorized as a Child in Need of Supervision (CHINS). Minors between 7 and 17 who run away can be brought before the court and, by a judge's discretion, be remanded to a detention center or required to complete certain programs. While parents can file a runaway report and police may be involved in bringing the child home, the act of running away is not a criminal offense in itself. What is a Status Offense?

• A status offense is an act that would not be considered a crime if committed by an adult, but is illegal for a minor.
• In Mississippi, running away is considered a status offense, along with truancy, disobedience to a parent or guardian, and other behaviors related to curfew and underage use of alcohol or tobacco. 

Consequences for a Runaway

• Police Involvement: Parents or guardians can report a child missing, and law enforcement may take the child into custody and return them home. 
• Juvenile Court: A youth found to be a runaway can be brought into the juvenile justice system under the classification of a Child in Need of Supervision (CHINS). 
• Court Discretion: A juvenile judge may order interventions such as placement in a detention center or enrollment in specific programs. 

Important Considerations

• Age: The status offense jurisdiction for running away applies to minors aged 7 through 17. 
• Not a Crime: Running away is not a criminal charge, but it places the child under court supervision. 
• Harboring a Runaway: An adult who allows a runaway child to stay with them could face misdemeanor charges for harboring a runaway. 

  In Mississippi, a youth trespass violation occurs when a person under the age of 18 enters or remains on someone else's property without permission. The state's juvenile justice system typically handles these cases with an emphasis on rehabilitation, though the penalties can vary based on the specific circumstances and the location of the offense. How trespassing is definedUnder Mississippi Code § 97-17-97, trespassing involves going into or staying on the land, premises, or building of another after being explicitly forbidden to do so, either orally or through signs. This applies equally to youth as it does to adults. For minors, key examples of trespassing include: 

• Entering a restricted area at school during a suspension.
• Entering an abandoned or restricted building.
• Remaining on another person's private property after being told to leave. 

How youth trespass cases are handled: Cases involving minors are handled by the youth court system, which has a different structure and focus than the adult criminal justice system. 

• Police discretion: For a first-time or minor offense, law enforcement officers may issue a warning or a citation rather than making an arrest.
• Youth court: If a case escalates, the minor may be required to appear in youth court.
• Diversion programs: A prosecutor may recommend a diversion program to address the issue through education and other community-based initiatives, especially for first-time offenders.
• Civil liability: A minor's parents or guardians can be held civilly responsible for damages if property was harmed during the trespass. 

Potential penaltiesWhile the penalties for youth trespassing are designed for rehabilitation, potential consequences can include:

• Fines: The youth court can impose fines, which may be paid by the parents or guardians.
• Community service: Youth may be assigned community service hours.
• Probation: A minor could be placed on a period of probation.
• Record: A trespassing incident could result in a juvenile record, which may impact future opportunities like college admissions or employment. 

  In Mississippi, youth truancy is an unlawful absence from school by a child aged 6-17 without a valid excuse, typically defined by having a certain number of unexcused absences in a school year, leading to potential involvement of a school attendance officer and Youth Court. Once reported by the school, the attendance officer attempts to re-enroll the child, and if unsuccessful, a petition is filed with the Youth Court, resulting in a hearing and adjudication to ensure school attendance. What Constitutes a Violation

• Mandatory Attendance: Mississippi law requires all children between the ages of 6 and 17 to attend school. 
• Unlawful Absence: An absence is considered unlawful if it's for an entire school day or more than 37% of the instructional day, without a valid reason. 
• Threshold for Truancy: A student is typically considered truant after accumulating five or more unlawful absences in a school year. 

Consequences and Involvement of Youth Court

1. Reporting: Schools report excessive absences to the local school attendance officer.
2. Intervention by Attendance Officer: The attendance officer attempts to secure the child's enrollment and attendance.
3. Youth Court Petition: If the attempts to get the child back to school are unsuccessful, a petition is filed with the Youth Court.
4. Youth Court Hearing: A hearing ensues, and appropriate measures are taken to ensure the child complies with the compulsory school attendance law. 

Valid Excuses for Absence
While rules vary, valid excuses for non-attendance typically include: 

• Serious illness or injury that prevents the child from attending school.
• Illness or injury of a family member.
• Medical or dental appointments. 

  In Mississippi, a "youth ungovernable violation" is a status offense that falls under the category of a "Child in Need of Supervision" (CHINS). A status offense is an act that would not be considered a crime if committed by an adult. According to Mississippi law, a child is defined as a person who has not yet reached their 18th birthday. Conditions for a CHINS violationA child may be adjudicated a CHINS and considered "ungovernable" if they are at least seven years old and require treatment or rehabilitation because they: 

• Are habitually disobedient to the reasonable and lawful commands of their parent, guardian, or custodian.
• Are ungovernable.
• Run away from home without good cause.
• Willfully and habitually violate school rules or absent themselves from school. 

Legal process and outcomes

• Youth Court: Ungovernable cases are heard in a county's Youth Court.
• Juvenile Age: The upper age for status offense jurisdiction is 17, while the lower age is 7.
• Counseling and Intervention: The Youth Court can refer families to counseling or other support services.
• State Custody: In some cases, a youth may be committed to a state-supported training school. However, their release date is determined by a superintendent, and they must be released before reaching age 20.
• No Public Court: Youth court proceedings are civil and closed to the public.
• Parental Responsibility: The Mississippi legislature has considered and, in some cases, passed laws that criminalize parents or guardians whose intentional or negligent acts contribute to a child's delinquency. 

  In Mississippi, youth handgun possession is an act of delinquency for any person under 18, unless they are attending a firearms safety course, target shooting at an authorized range, or participating in an organized firearm competition. For rifles and other firearms, a minor less than 18 years old is prohibited from possessing them. Additionally, any person who aids, encourages, or causes a minor to possess a firearm on educational property commits a felony, and providing a minor with a firearm can be a misdemeanor. Handguns (For Minors Under 18)

• General Prohibition: It is an act of delinquency for a person under 18 to knowingly possess a handgun. 
• Exceptions: This does not apply to minors who are:
  • Attending a hunter's safety course or firearms safety course.
  • Using a firearm or target shooting at an established range.
  • Engaging in organized firearm competitions or performances by a 501(c)(3) organization that uses firearms. 

Other Firearms (For Minors Under 18)

• It is a felony for anyone to possess or carry a rifle, pistol, or other firearm on educational property.
• It is a felony to cause, encourage, or aid a minor in possessing or carrying such a firearm on educational property. 

Aiding and Abetting

• Aiding a Minor: It is a felony to aid, encourage, or cause a minor who is less than 18 years old to possess or carry any firearm or explosive on educational property. 
• Providing a Firearm: Selling, giving, or lending a firearm to a minor is a misdemeanor. 

Educational Property

• Felony Violation: A felony offense to possess any firearm on educational property, which includes aiding a minor in doing so. 
• Misdemeanor Violation: A misdemeanor offense to possess or carry other weapons, like BB guns, air rifles, air pistols, switchblade knives, or slingshots, on educational property. 

Penalties

• Misdemeanors: Punishable by up to one year in jail, a fine of up to $1,000, or both. 
• Felonies: For possessing a firearm with a felony conviction, the penalty is one to 10 years in prison, a fine of up to $5,000, or both. 

  In Mississippi, "youth murder" refers to a murder offense committed by a person under the age of 18, who is legally considered a "juvenile offender" or "child". While these crimes are still treated with extreme seriousness, Mississippi law generally favors rehabilitative measures for juveniles. For serious violent crimes like murder, however, a juvenile aged 13 or older can be charged and tried as an adult in criminal court, rather than in youth court. Juvenile vs. Adult Court

• Serious Crimes: For serious offenses, including murder, a child aged 13 or older can have their case transferred to adult criminal court. 
• Youth Court: Crimes not punishable by life imprisonment or death are typically handled in the Mississippi State Youth Court, where the focus is on rehabilitation and restorative justice. 

Sentencing for Youth Murder

• Adult Court: If tried as an adult, a juvenile offender convicted of capital murder can face a life sentence or a life sentence without parole, as determined by the jury. 
• Mandatory Minimums: For first-degree murder, a juvenile convicted in adult court faces a mandatory minimum sentence of 20 to 40 years. For second-degree murder, the sentence is 15 to 30 years. 

Important Legal Context

• Adult Court Jurisdiction: Once a child's case is in adult court, that court has jurisdiction over the case, not youth court. 
• Juvenile Sentencing Standards: While juvenile life sentences without parole were largely struck down by the Supreme Court, Mississippi law still has strict sentencing guidelines for juveniles. 
• Importance of Legal Counsel: It is crucial for a juvenile and their family to contact an attorney immediately if a child is arrested for a serious offense to understand their rights and options. 

  In Mississippi, the law refers to the crime of youth rape as statutory rape, which is defined based on the age of the victim and the age difference between the victim and the offender. The victim's consent is not a legal defense in these cases because the law presumes that a child cannot legally consent to a sexual act. The specific charges and penalties depend on the ages involved, as outlined in Mississippi Code § 97-3-65. Statutory rape involving a victim under 14A person of any age can be charged with statutory rape if they have sexual intercourse with a child under the age of 14, and the offender is 24 or more months older than the child. This is a serious felony offense. Statutory rape involving a victim 14 to 15 An individual aged 17 or older can face statutory rape charges for sexual intercourse with a minor aged 14 or 15 if there is a 36-month or greater age difference between them. Key legal provisions and terms

• Sexual intercourse: Mississippi law defines sexual intercourse broadly, including the joining of sexual organs or penetration by an object.
• Consent: A minor is considered legally unable to consent to sexual activity, making consent irrelevant in statutory rape cases.
• Position of trust or authority: Sexual penetration with a minor under 18 by someone in a position of trust or authority is considered sexual battery.
• "Romeo and Juliet" exception: Exceptions exist for consensual acts between individuals close in age. This includes minors aged 14 or 15 with partners less than three years older, and minors aged 13 or younger with partners less than two years older. 

  n Mississippi, "youth robbery" refers to the act of a person under 18 (a juvenile) taking something of value from another person by force or threat of force. Robbery is a felony and a violent crime in Mississippi. A juvenile charged with robbery is typically handled in the Youth Court with a focus on rehabilitation, but for serious offenses, they may face adult charges and penalties. What Constitutes Robbery?

• Taking Property: The act involves taking personal property. 
• Use of Force or Threat: This is done through direct use of force, violence, intimidation, or by putting the victim in fear of immediate harm. 
• Confrontational Circumstances: The property must be taken from the control, custody, or care of another person. 

Key Aspects of Youth Robbery in Mississippi:

• Juvenile Status: The offender must be under the age of 18 for it to be considered a youth offense. 
• Youth Court: Unless the crime is extremely severe, such as murder or armed robbery, the case will be heard in Youth Court, a civil court with a focus on rehabilitation rather than punishment. 
• Adult vs. Juvenile Charges: If the juvenile is over 13 and commits a very serious crime like murder, rape, or armed robbery, they may be charged as an adult and face severe penalties, including life imprisonment. 
• Felony Offense: Robbery is considered a felony in Mississippi. 

 For cases handled in Youth Court (juvenile court)

• Focus on Rehabilitation: The Mississippi juvenile system emphasizes rehabilitation over punishment. 
• Potential Punishments: Penalties can include community service, counseling, probation, fines, or placement in a juvenile detention center. 
• Case-by-Case: A judge considers the juvenile's age, the seriousness of the crime, and their overall background when determining the appropriate consequences. 

For cases transferred to Adult Court

• Serious Crimes: For serious offenses like armed robbery, a judge may transfer the case from juvenile to adult court. 
• Adult Penalties: If convicted in adult court, the minor faces adult prison sentences, which can be lengthy. 
• Mississippi Code § 97-3-75: Robbery itself, as a felony, carries a penalty of up to 15 years in prison. 
• Armed Robbery: Armed robbery is a more severe offense and can potentially result in life imprisonment. 

Key Considerations

• Age: The age of the juvenile is a significant factor in how the case is handled. 
• Severity of the Crime: The seriousness of the robbery charge influences the court's decision on whether to keep the case in juvenile court or transfer it to adult court. 
• Youth Court vs. Adult Court: The most crucial factor is whether the case is treated as a juvenile delinquency matter or an adult criminal matter.