Section 601 – Minors’ cases considered civil proceedings — Minor not to be charged with crime — Exception for a prior adjudication — Traffic violation cases.

• (1) Except as provided in Part 5, Transfer to District Court , a proceeding in a minor’s case under this chapter is a civil proceeding with the juvenile court exercising equitable powers.

• (2)
  • (a) An adjudication by a juvenile court of a minor under this chapter is not considered a conviction of a crime, except in cases involving traffic violations.
  • (b) An adjudication may not:
    • (i) operate to impose any civil disabilities upon the minor; or
    • (ii) disqualify the minor for any civil service or military service or appointment.

• (3)
  • (a) Except in cases involving traffic violations, and as provided in Part 5, Transfer to District Court, a minor may not be charged with a crime and convicted in any court.
  • (b) Except as provided in Section 80-6-504 , if a petition is filed in the juvenile court, the minor may not later be subject to criminal prosecution based on the same facts.
  • (c) Except as provided in Section 80-6-305, an individual may not be subject to a proceeding under this chapter for an offense that the individual is alleged to have committed before the individual was 12 years old.

• (4)
  • (a) An adjudication by a juvenile court of a minor under this chapter is considered a conviction for the purposes of determining the level of offense for which a minor may be charged and enhancing the level of an offense in the juvenile court.
  • (b) A prior adjudication may be used to enhance the level or degree of an offense committed by an adult only as otherwise specifically provided.

Renumbered and Amended by Chapter 261, 2021 General Session