Juvenile delinquency matters include a category called ‘designated felony acts’ which are acts, if done by an adult, would be one of several specific higher level offenses as delineated in Family Court Act section 302.1. A designated felony act is one of the following specified acts committed by a youth of a particular age that would be a crime, if committed by an adult:
1. Committed by a person thirteen, fourteen or fifteen years of age:
- PL § 125.27 Murder in the first degree
- PL § 125.25 Murder in the second degree
- PL § 135.25 Kidnapping in the first degree
- PL § 150.20 Arson in the first degree
- PL § 120.10 Assault in the first degree
- PL § 125.20 Manslaughter in the first degree
- PL § 130.35 Rape in the first degree
- PL § 130.50 Criminal sexual act in the first degree
- PL § 130.70 Aggravated sexual abuse in the first degree
- PL § 135.20 Kidnapping in the second degree — but only where the abduction involved the use or threat of use of deadly physical force
- PL § 150.15 Arson in the second degree
- PL § 160.15 Robbery in the first degree
2. Committed by a person thirteen, fourteen or fifteen years of age:
- An attempt to commit murder in the first or second degree
- An attempt to commit kidnapping in the first degree
3. Committed by a person fourteen or fifteen years of age:
- PL §140.30 Burglary in the first degree
- PL § 140.25 — subdivision 1 of Burglary in the second degree
- PL § 160.10 — subdivision 2 of Robbery in the second degree
- PL § 265.02 — subdivision 4 of Criminal possession of a weapon in the third degree - where such firearm is possessed on school grounds
- PL § 265.03 Criminal possession of a firearm in the second degree — where such machine gun or firearm is possessed on school grounds
4. Committed by a person fourteen or fifteen years of age where there has been a prior finding by the court that the person previously committed an act of assault in the second degree, robbery in the second degree or any other designated felony act specified in (1) and (2) above, regardless of the age of the person at the commission of the prior act:
- PL § 120.05 Assault in the second degree
- PL § 160.10 Robbery in the second degree
5. Any other crime, other then a misdemeanor, committed by a person at least 7 but less then 16 years of age, but only where there have been two prior findings by the court that such person has committed a prior felony.
This indicator is calculated as the number of juvenile delinquency intake closed cases among youth 10 through 15 years of age that were classified as designated felonies divided by the total number of juvenile delinquency intake closed cases. The rate does not include youth ages 7 through 9 years of age as fewer juvenile delinquency complaints are file for youth in this lower age category. |