Juvenile Theft

Juvenile theft typically involves minors—generally under 18—unlawfully taking, using, or possessing property belonging to someone else. In Washington D.C., this offense covers acts ranging from shoplifting and bicycle theft to more serious group theft or burglary-related incidents. The legal threshold for theft does not require the stolen item to be of high value; rather, the minor's intent and the circumstances surrounding the act are the critical factors considered by the court. Understanding these core elements is the first step in mounting an effective defense for a minor accused of this crime.

Many juvenile theft cases involve easily accessible retail items, convenience store goods, or unattended electronics. With the recent rise of unmanned businesses, self-checkout systems, and open retail formats, the temptation and opportunity for minor theft have unfortunately increased across the District. Minors often act in groups, and any act of taking property committed with two or more participants may significantly elevate the overall severity of the offense and the potential disposition.

To successfully prosecute juvenile theft, specific legal criteria must be met:

• Property Ownership: The property in question must belong to another individual or entity.
• Unauthorized Control: The act must involve the minor gaining unauthorized control over the property.
• Intent to Deprive: There must be an established intent, either permanently or temporarily, to deprive the owner of the property's use or value.

In Washington D.C., “theft” is defined under the D.C. Criminal Code as knowingly obtaining or using property of another with this intent to deprive. This broad definition includes simply taking property without permission, moving it even slightly from its original location, or intending to keep or use the item without the owner's consent.

When minors act in groups or utilize tools during the commission of the act, the offense may be elevated to a more serious classification than standard petty theft. These enhanced circumstances include:

• Group Participation: Theft involving two or more people working together.
• Burglary: Incidents involving breaking and entering a dwelling or structure.
• Use of Tools: Theft committed using instruments like cutters, hammers, or screwdrivers to facilitate the crime.
• Nighttime Break-ins: Illegal entry into a premises during the night, regardless of whether damage to entryways occurred.

These aggravated factors signal a higher degree of pre-meditation or danger, leading to potentially more stringent proceedings and dispositions in the Family Court.

The law establishes different thresholds for accountability based on age:

• Under 10: Generally not deemed criminally liable under D.C. law.
• Ages 10–13: Subject to the jurisdiction of the Family Court and generally face rehabilitative proceedings focusing on intervention.
• Ages 14–17: May face formal juvenile delinquency proceedings, which can include detention, probation, or mandatory programs.

In rare, exceptionally serious cases involving older teenagers, the court retains the authority to charge the minor as an adult, which dramatically alters the potential penalties and legal record.

For juveniles, disposition is typically replaced with supervision, diversion, or placement rather than the adult terms of imprisonment, but the severity scales with the offense:

Furthermore, repeat offenses, the use of weapons, or theft involving high-value items like vehicles can result in enhanced dispositions, including longer detention periods or removal from the home for residential placement.

If the minor is found responsible, the Family Court may order a wide range of dispositions aimed at correction and rehabilitation. These may be non-custodial or involve measures for supervision:

Non-Custodial Interventions

• Community service (up to 200 hours)
• Curfew enforcement
• Restitution to victims
• Mandatory counseling or therapy
• Educational and skill-building programs

Custodial Measures

• Placement in a group home or shelter
• Court-ordered supervision in a residential facility
• Short-term or long-term secure juvenile detention for high-risk or repeat offenders

Legal counsel plays a key role in preventing the escalation of the case to formal criminal proceedings, especially when alternative remedies like diversion programs or probation are viable. Counsel may help by:

• Establishing the minor’s lack of intent to steal or proving a fundamental misunderstanding of the situation.
• Presenting evidence of misunderstanding or mistaken identity during the incident.
• Emphasizing the minor’s clean record, demonstrated remorse, and strong family support.
• Facilitating victim-offender mediation or negotiating restitution agreements to resolve the matter outside of formal court findings.

Securing experienced legal representation early in the process maximizes the minor's opportunity for a favorable outcome that prioritizes their development and education over punitive measures.