A status offense is an action that is prohibited only to a certain class of people, and most often applied only to offenses committed by minors. In the

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territo ...

, the term status offense also refers to an offense such as a traffic violation where motive is not a consideration in determining guilt. In the

United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and No ...

and Europe, this type of status offense may be termed a regulatory offence.

Usage

Definitions of status offense vary. A neutral definition may be " type of crime that is not based upon prohibited action or inaction but rests on the fact that the offender has a certain personal condition or is of a specified character." The

Federal Sentencing Guidelines The United States Federal Sentencing Guidelines are rules published by the U.S. Sentencing Commission that set out a uniform policy for sentencing individuals and organizations convicted of felonies and serious (Class A) misdemeanors in the Uni ...

states that a juvenile status offense is a crime which cannot be committed by an adult. For example, possession of a firearm ''by a minor'', by definition, cannot be done by an adult. In some states, the term "status offense" does not apply to adults at all; according to Wyoming law, status offenses can be committed only by people under 18 years of age.(200
Working Draft.
State of Wyoming. Juvenile status offenders are distinguished from juvenile delinquent offenders in that status offenders have not committed an act that would be considered a crime if it were committed by an adult, whereas delinquent youths have committed such an act. Some

sexting Sexting is sending, receiving, or forwarding sexually explicit messages, photographs, or videos, primarily between mobile phones. It may also include the use of a computer or any digital device. The term was first popularized early in the 21st ...

laws and broadly interpreted child pornography laws have effectively made sexting by a minor into a status offense, but it is treated by the legal system as a criminal offense, punishable by long prison terms and large fines. It is de facto a status offense since an adult is allowed to possess a nude image of themselves but a minor is not allowed to possess or distribute a nude image of themselves.{{fact, date=September 2017

Examples

Status offenses may include consumption of alcohol,

truancy Truancy is any intentional, unjustified, unauthorised, or illegal absence from compulsory education. It is a deliberate absence by a student's own free will (though sometimes adults or parents will allow and/or ignore it) and usually does not refe ...

, and

running away "Running Away" is a single recorded by Hoobastank. It was the third single released from their self-titled debut album on April 1, 2002. The song peaked at number two on the US ''Billboard'' Modern Rock Tracks Alternative Airplay (formerly ...

from home. These acts may be illegal for persons under a certain age, while remaining legal for all others, which makes them status offenses. Status offense may also apply to other classes, including laws forbidding ownership of

firearm A firearm is any type of gun designed to be readily carried and used by an individual. The term is legally defined further in different countries (see Legal definitions). The first firearms originated in 10th-century China, when bamboo tubes ...

s by felons, where such ownership is otherwise legal. Laws that prohibit certain actions to certain persons based on their sex, race, nationality, religion, etc., are also status offenses. A law that prohibits men from using

public toilets A public toilet, restroom, public bathroom or washroom is a room or small building with toilets (or urinals) and sinks for use by the general public. The facilities are available to customers, travelers, employees of a business, school pupils ...

intended for women, as well as a law that sets a

curfew A curfew is a government order specifying a time during which certain regulations apply. Typically, curfews order all people affected by them to ''not'' be in public places or on roads within a certain time frame, typically in the evening and ...

for people below a certain age, are examples of status offenses. Status offenses from the past that are no longer operative include: * The

Nuremberg Laws The Nuremberg Laws (german: link=no, Nürnberger Gesetze, ) were antisemitic and racist laws that were enacted in Nazi Germany on 15 September 1935, at a special meeting of the Reichstag convened during the annual Nuremberg Rally of ...

(Germany, 1935–1945) banned sexual relations between Jews and

non-Jewish Gentile () is a word that usually means "someone who is not a Jew". Other groups that claim Israelite heritage, notably Mormons, sometimes use the term ''gentile'' to describe outsiders. More rarely, the term is generally used as a synonym for ...

Germans. * Various laws in the United States prohibited marriage (and, in some cases, sexual relations) between White people and African-Americans (and, in some cases, Asians and Native Americans). These were enacted at the

state State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States * ''Our S ...

level; some states had anti-miscegenation laws and some did not. The first of these laws was enacted in 1691 in Virginia and the last were voided in 1967 in the '' Loving v. Virginia'' case. * South Africa's

Prohibition of Mixed Marriages Act The Prohibition of Mixed Marriages Act, Act No. 55 of 1949, was an apartheid law in South Africa that prohibited marriages between "whites" and "non-whites". It was among the first pieces of apartheid legislation to be passed following the Nation ...

(1949–1985) prohibited sexual relations (as well as marriages) between people of different races. * Various other places, at other times, have promulgated

anti-miscegenation laws Anti-miscegenation laws or miscegenation laws are laws that enforce racial segregation at the level of marriage and intimate relationships by criminalizing interracial marriage and sometimes also sex between members of different races. Anti-misc ...

prohibiting sexual relations between members of specified different races.

References

Minimum ages Juvenile delinquency Criminal law Family law Discrimination

Usage

Examples

See also

References