North Carolina juvenile justice law targets felony offenses amid increased reports of teenage crime – JURIST
A newly revised North Carolina juvenile justice law will take effect Sunday, aiming to address gaps in handling serious offenses by minors. Amidst increased reports of teenage crime in the Piedmont Triad, including armed robberies and shootings into occupied homes, local law enforcement officials were prompted to reconsider the State’s accountability mechanisms for crimes perpetrated by juveniles; according to a video posted to X by the Greensboro Police Department, “These are not childish acts.”
The updated legislation allows 16- and 17-year-olds charged with Class A through E felonies to now be tried as adults. This represents a significant change from the 2019 Raise the Age law, which allowed most 16- and 17-year-olds to remain under juvenile court jurisdiction regardless of the severity of the charges.
The new law also includes provisions for flexibility. Cases involving Class F through I felony offenses and non-motor vehicle misdemeanors for 16- and 17-year-olds will remain in juvenile delinquency court. Additionally, cases previously transferred to adult court may be reconsidered for juvenile jurisdiction, depending on the charges and circumstances. For youth ages 13 to 15, serious felony cases may also be moved from adult criminal court back to the juvenile system.
The statute also requires school principals to be informed when students face charges for offenses that would constitute Class A through E felonies if committed by adults. However, the law prohibits automatic suspension policies, requiring schools to make individualized decisions about students’ educational status during ongoing legal proceedings.
The right for 16- and 17-year-olds to have a parent, guardian, custodian, or caretaker present during a custodial interrogation in North Carolina remains intact. This safeguard applies to all youth in this age group, regardless of whether their charges fall under criminal or juvenile jurisdiction. This principle is rooted in the 1983 North Carolina Supreme Court decision State v. Fincher, which emphasizes that the key factor is the age of the individual being questioned, not the court system handling their case.
