Should ordinary traffic citations issued to Louisiana 17-year-olds be filed in juvenile court?

Plain-English summary

A district attorney asked whether traffic citations issued to 17-year-olds should be prosecuted as adult matters or filed in juvenile court. The attorney general concluded that citations for traffic violations within the Children’s Code's traffic category should be filed and adjudicated in juvenile court.

The opinion explained that the Code's delinquency definition excluded traffic violations, while its separate minor-traffic-offense title governed those matters. That title kept other Children’s Code provisions in place unless it specified otherwise. The office therefore applied the Code's general definition of a child as a person under eighteen to the traffic proceedings. It listed several serious driving offenses excluded from the traffic-violation definition and did not decide the proper forum for those excluded offenses.

What this means for you

District attorneys and court staff

The opinion placed citations issued to 17-year-olds for the defined traffic violations in juvenile court. It reached that result through the minor-traffic-offense title and the general child definition, despite a different age definition in the delinquency title.

Traffic officers and families

For ordinary citations within the definition the opinion analyzed, the 17-year-old's case belonged in juvenile court. The opinion did not decide jurisdiction for the listed offenses excluded from that definition, including intoxicated driving, reckless operation, and hit-and-run driving.

Common questions

Q: Does a 17-year-old's ordinary traffic ticket go to adult court in Louisiana?
A: The attorney general said citations for the traffic violations defined in the Children’s Code should be filed and adjudicated in juvenile court.

Q: Why did the opinion use the under-eighteen definition instead of a delinquency age rule?
A: It treated traffic matters under the separate minor-traffic-offense title, which generally retained the Code's other provisions. The delinquent-act definition excluded traffic violations.

Q: Did the opinion decide where a 17-year-old's intoxicated-driving charge belongs?
A: No. The opinion listed operating while intoxicated among offenses excluded from the traffic-violation definition used for its juvenile-court answer.

Background and statutory framework

The opinion contrasted Louisiana Children’s Code Article 804's varying delinquency definitions with the Code's separate minor-traffic provisions. It quoted Article 953's definition of traffic violation and its exceptions, including vehicular homicide, vehicular negligent injuring, unauthorized use of a movable, operating while intoxicated, reckless operation, and hit-and-run driving. Article 952 kept other Code rules applicable unless that title provided otherwise. The office used the general under-eighteen child definition in Article 116(3) to conclude that the defined traffic citations for 17-year-olds belonged in juvenile court.

Citations and references

• La. Const. art. XII, § 3 (juvenile-court jurisdiction as provided by law)
• Louisiana Children’s Code Articles 116(3), 804, 952, and 953 (definitions and minor-traffic rules discussed)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/24-0057

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.

STATE OF LOUISIANA
DEPARTMENT OF’ J’ST1C1:
OFFICE OF THE Ao1xE GENERAL
P.O. Box 94005
BAox RocE, L.
70804-9005

Liz MURRILL
ATTORNEY GENERAL

July 31 2024,

OPINION 24-0057

Mr. Donald D. Landry
57-A JUVENILES
District Attorney
La. Const. art. XII, § 3
1 5th Judicial District
La. Ch. Code art. 804
La. Ch. Code art. 116(3)
La. Ch. Code art. 951, et. seq.
P.O. Box 3206
Regarding whether traffic citations issued to persons 17 years Lafayette La 70502
, of age for traffic violations be filed in adult court orjuvenile court.

Dear Mr. Landry:

This office received your request for an Attorney General’s Opinion regarding the proper jurisdiction to file traffic citations issued to persons 1 7 years of age. Specifically, you have raised the question of whether I 7 year olds cited for traffic offenses should be prosecuted as adults or as juveniles.

Cases involving juveniles, such as criminal charges and delinquency petitions, are brought in juvenile court. The District Attorney is responsible for prosecuting such matters.

La. Const. art. XII, § 3 provides thatjuvenile courts “shall have jurisdiction as provided by law.” Louisiana Children’s Code Article I I 6(3) defines as child as a person who has “. . .

not yet attained the age of eighteen years, except as it is specifically defined by a Title of this Code.”

Provisions of the Children’s Code vary on when an individual will be considered a “child.” Pursuant to Act 1 3 ofthe 2024 Second Extraordinary Session, Louisiana Children’s Code Article 804 defines a child as follows:

(a) Before March 1 201 9, and on or after April 1 9, 2024, “child” means any ,

person under the age of twenty-one, including an emancipated minor, who commits a delinquent act before attaining seventeen years of age.

(b) From March 1, 2019, and until June 30, 2020, “child” means any person under the age of twenty-one, including an emancipated minor, who commits a delinquent act on or after March 1, 2019, until June 30, 2020, when the act is not a crime of violence as defined in R.S. 14:2 and occurs before the person attains eighteen years of age.

Page 2

_______

OPINION 24-0057
Mr. Donald D. Landry
Page 2

(c) From July 1 2020, until April 1 9, 2024, “child” means any person under ,

the age of twenty-one, including an emancipated minor, who commits a delinquent act on or after July 1 2020, until April 1 9, 2024, and before the ,

person attains eighteen years of age.

Louisiana Children’s Code Article 804(3) defines a “delinquent act” as an act committed by a child of ten years of age or older which if committed by an adult is designated an offense under the statutes or ordinances of this state, or of another state if the offense occurred there, or under federal law, except traffic violations.

Title IX of the Louisiana Children’s Code (Articles 951 et. seq.) governs proceedings ,

involving minor traffic offenses. Children’s Code Article 952 states “except as otherwise specified in this Title, all provisions of the Children’s Code remain applicable.” Therefore, Article 116(3) applies. Under Children’s Code Article 953, “traffic violation” means any violation of a statute or ordinance regulating traffic, except the following criminal offenses:

(1 ) Vehicular homicide.
(2) Vehicular negligent injuring.
(3) Unauthorized use of a movable.
(4) Operating a vehicle while intoxicated.
(5) Reckless operation of a vehicle.
(6) Hit and run driving.

Because Article 953 places all but the excepted offenses within the definition of traffic offenses falling under the Children’s Code, we conclude that traffic citations issued to 17 year olds should be filed and adjudicated in juvenile court.

We trust this adequately responds to your request. However, if our office can be of further assistance, please do not hesitate to contact us.

With best regards,

LIZ MURRILL
ATTORNEY GENERAL

BY:

T RRELT. KENT
ASSISTANT ATTORNEY GENERAL