Indiana laws minors dating adults
There are quite a few threads on here concerning 'Age of Consent' laws.I have yet to see any responses that back up what they are saying with fact and proof, and instead, it seems like everyone is basing their response on their own opinions and personal judgment.EVERYTHING I have stated can be backed up current state statutes.Your opinion is completely meaningless when it comes to law.From a religious point, this usually means she should be married first, but I do not believe this process has anything to do with age!
This occurs when a child under the age of eighteen commits a status offense and is found to be in need of care, treatment, or rehabilitation that the child, (1) is not receiving; (2) is unlikely to accept voluntarily; and (3) is unlikely to be provided with or accept without the coercive intervention of the court. Status offenses include leaving home without permission, violating the compulsory school attendance law, habitual disobedience, violating curfew, certain acts involving minors and alcoholic beverages and certain acts involving minors and fireworks. With regards to infractions, a juvenile court has jurisdiction of only those infractions related to alcohol and minors. For purposes of Indiana’s juvenile law, a child is a person who is less than eighteen years of age or eighteen, nineteen, or twenty years of age and who is either charged with a delinquent act committed before the person’s eighteenth birthday or alleged to have committed an act that would have been murder if committed by an adult, who was less than eighteen years of age at the time of the alleged act, and who is currently less than twenty-one years of age. The prosecuting attorney has the sole authority to file a petition alleging delinquency in juvenile court with the juvenile court’s permission, or to file charges in adult criminal court. If a child is at least sixteen years old, there are certain crimes that are specifically excluded from juvenile court jurisdiction and are directly filed in an adult criminal court. Once a child is charged with an excluded offense in adult criminal court, the court will retain jurisdiction, even if the child pleads guilty to a lesser-included offense that could have been filed in juvenile court. For allegations in juvenile court, a court may waive jurisdiction to the court that would have jurisdiction had the act been committed by an adult. Waiver is for both the offense charged and all included offenses. However, there is a presumption in favor of disposing of juvenile matters within the juvenile system – waiver to criminal court jurisdiction is considered a last resort. The decision to file a petition to waive jurisdiction is within the discretion of the prosecuting attorney, and a juvenile court is required to inquire about a prosecuting attorney’s intentions to seek waiver at every initial hearing on a petition alleging delinquency. The waiver of jurisdiction statutes are categorized as permissive or presumptive.
During the initial hearing, a court is required to notify a child of the dispositional alternatives available to the court if a child is adjudicated a delinquent child. One enumerated disposition alternative is the invalidation of a child’s driver’s license or permit. A court must also advise a child that if the child committed a criminal sexual act or a controlled substance-related offense that involved the delivery or use of a contaminated sharp, which is capable of cutting or penetrating the skin and has been in contact with blood or bodily fluids, or risk of HIV transmission, it shall order the child to undergo a confirmatory HIV test. If confirmed, the state department of health shall notify any potentially affected victims. A law enforcement agency may take and file fingerprints and photographs of a child if, (1) the child is taken into custody for an act that would be a felony if committed by an adult; and (2) the child was at least fourteen years old when the act was committed. If latent fingerprints are found during the investigation of an offense and law enforcement has probable cause to believe that the latent fingerprints belong to a certain child, an officer may fingerprint a child for comparison purposes. A juvenile court may, by general order, limit fingerprinting and photographing of children to specific offenses. If law enforcement chooses to take a child’s fingerprints or photographs, the law enforcement agency will give written notice of a child’s rights to destruction of the fingerprints or photographs to the child and the child’s parent, guardian, or custodian. The fingerprint and photograph files shall be separated from those of adults and must be stored in such a way that those persons without authority to access juvenile records will be precluded from gaining access. Upon written request of a child or a child’s parent, guardian, or custodian, a law enforcement agency shall destroy or deliver to a child fingerprints or photographs within the agency’s possession if, (1) the child was taken into custody and no petition was filed against the child; (2) the petition was dismissed because of mistaken identity; (3) the petition was dismissed because no delinquent act was actually committed; or (4) the petition was dismissed for lack of probable cause. If the law enforcement agency forwarded copies of the fingerprints or photographs to any agency of the United States, any other state or the State of Indiana, the law enforcement agency shall request in writing that all copies be returned for destruction or presentation to the child. Whenever fingerprints or photographs are expunged from the files or a law enforcement agency, the agency may retain no other information about the incident; however, there is no requirement that other law enforcement records or juvenile court records be altered. If a child has a record of prior arrests or if another charge is pending, a law enforcement agency is not required to destroy a child’s fingerprints or photographs. If law enforcement records involve allegations that would be a crime if committed by an adult, the following information is public record: (1) the nature of the alleged offense, including the time, location, and property involved; (2) the identity of the victim; (3) a description of the method of apprehension; (4) any instrument of force used; (5) the identity of any officers assigned to the investigation, except undercover units; and (6) the age and sex of any child apprehended or sought. However, although all of the aforementioned information is public, the identity of the child apprehended or sought is public record only if the arrest involves an offense over which the juvenile court does not have jurisdiction or if the act that would be a controlled substance felony as specified by statute. In addition, records relating to the detention of any child in a secure facility shall be open to public inspection. All other law enforcement records are confidential, including those involving the investigation of status offenses. However, a person who is at least eighteen years of age may waive the restrictions on access to the person’s record, if the person does so in writing, stating the terms of the waiver. : There are several ways by which confidential law enforcement records will be released.
For instance, some agencies and people have access to the confidential law enforcement records without the need to seek specific permission from the head of a law enforcement agency, including, (1) a law enforcement acting within the officer’s lawful duties; (2) the juvenile court judge or any authorized staff member; (3) any party and the party’s attorney to a juvenile court proceeding, unless the person has been denied access to a pre-dispositional report or records of a dispositional hearing; (4) a criminal court judge or any authorized staff, if the records are to be used in a presentence investigation in that court; (5) the prosecuting attorney or any authorized member of the staff; or (6) the attorney for the department of child services, any authorized staff member, or any authorized staff member of the department of child services ombudsman. It should be noted that a juvenile court judge and court employees may not exercise any jurisdiction over juvenile records maintained by law enforcement agencies unless specifically provided in juvenile law. : When the information is necessary for certain judicial proceedings, the head of a law enforcement agency must, upon request, release confidential information. In criminal or juvenile delinquency proceedings, any party to the proceeding shall be granted access to law enforcement records if the information is to be used to impeach a person as a witness or to discredit a person’s reputation, if a person places reputation at issue. Additionally, if the victim of a delinquent act requires the child’s name to proceed with a civil action for damages, the head of the law enforcement agency shall release the name. A victim may also ask the law enforcement agency if there is probable cause to believe that a specified child committed the act. Finally, access is also granted to a juvenile’s school. : if a person has a legitimate interest in the work of an agency or in a particular case, a law enforcement agency or designee may release confidential law enforcement records. An interested person who is granted access to law enforcement records is not bound by the confidentiality provisions and may disclose the contents of the records. In exercising this discretion, the head of the law enforcement agency shall consider the best interests of the safety and welfare of the community and whether this interest is best served by the public’s ability to obtain information about the identity of anyone charged with the alleged commission of any act that would be murder or a felony if committed by an adult or an act that would be part of a pattern of less serious offenses. Finally, the head of a law enforcement agency may release records to those involved in a legitimate research activity. Release is subject to agreement and must specify the terms of a researcher’s use of the records. A researcher must provide written information about the purpose of the project, including any intent to publish the findings; the nature of the data to be collected; how the researcher intends to analyze the data; the records the researcher seeks to review, and the safeguards the researcher will take to protect the identity of persons whose records will be reviewed. A law enforcement agency must determine that the proposed identity safeguards are adequate and inform the researcher of the provisions surrounding disclosure, including the criminal liability of a person who recklessly fails to protect the records. The clerk of courts maintains official court records. The probation department for the juvenile court also maintains information relating to delinquent children who receive juvenile law services. A juvenile court is required to take appropriate actions to protect juvenile records from unauthorized disclosure. Juvenile court records may contain a variety of documents, but the confidentiality statutes apply to the following records: chronological case summaries, index entries, summonses, warrants, petitions, orders, motions, and decrees. All juvenile court records listed are confidential and available only in accordance with statutory law. A person who is at least eighteen years of age may waive the restrictions on access to the person’s records if the person does so in writing. In addition, certain entities and agencies may exchange records on delinquent children without a court order, including courts, law enforcement agencies, the Department of Correction, the Department of Child Services, the Office of the Secretary of Family and Social Services, public or nonpublic primary or secondary schools, and the Department of Child Services ombudsman, if the information or records are not confidential under state or federal law. The records of the juvenile court are available without a court order to the public whenever a petition has been filed alleging that a child is delinquent as the result of any of the following acts or combination thereof: (1) murder or a felony if committed by an adult; (2) an aggregate of two unrelated acts that would be misdemeanors if committed by an adult if the child is at least twelve years old when the acts were committed, or an aggregate of five unrelated acts that would be misdemeanors if committed by an adult if the child is less than twelve years of age when the acts were committed. Information released includes the child’s name, age, nature of the offense, chronological case summaries, index entries, summonses, warrants, petitions, orders, motions (excluding motions concerning psychological evaluations and child abuse and neglect), decrees, and the child’s photograph. The clerk of the juvenile court shall place all other records in an envelope marked “confidential” inside the child’s court file. : If an individual enrolled in a primary or secondary school has been adjudicated a delinquent child for an act that would, as an adult, be a Class A, Class B, or Class C felony, or two Class D felonies, the judge shall give written notice of the adjudication to the chief administrative officer or school superintendent. The notice may only include the felony for which the child was adjudicated and the juvenile law disposition. If the court later modifies the juvenile law disposition, the court shall notify the school or school district of the disposition modification. Confidential juvenile court records are available to many persons and agencies without a court order, including the judge or any authorized staff; any party and the party’s attorney, if the records are applicable to the proceedings in which the person is a party; the judge of a criminal court or any authorized staff member if the record is to be used in a presentence investigation in that court; the prosecuting attorney or any authorized staff member; an attorney for the department of child services; any authorized staff member of the county office, the Department of Child Services, the Department of Correction, or the Department of Child Services ombudsman; or the parents of a child subject to a custody or child support proceeding. In addition, employees of child services, caseworkers, or juvenile probation officers may access juvenile court records without a court order to assist in determining the appropriateness of out-of-home placement or to conduct a criminal history check. : If requested, the juvenile court must grant access to confidential juvenile records to any person involved in a legitimate research activity under an agreement similar to the one required for the release of law enforcement records. The juvenile court must also grant any party to a criminal or juvenile delinquency proceeding access to a person’s legal records if the information may be used to impeach the person as a witness or to discredit the person’s reputation if the person places reputation at issue. The information released may only be used in criminal or juvenile delinquency proceedings. : A juvenile court has discretion to grant access to confidential records in certain circumstances.
Love knows no bounds, but it can be impacted by the law.
Like every other state, Ohio regulates what kind of conduct people can engage in with others depending on the ages of the people involved.