Judicial Processing - Identifting Individuals Requiring Fingerprinting - Fingerprinting of Juvenile Delinquent and Juvenile Offender Arrestees

Authority: Penal Law Section 10.10 and Family Court Act Section 306.1.

1. Juvenile Offender charges in the Penal Law 10.10 are:

Juvenile Offender Fingerprintable Charges Table

Age of Person Penal Law Section Subdivision Description
Thirteen Years Old
125.25
one
murder in the second degree
125.25
two
murder in the second degree
Fourteen or Fifteen Years Old
125.25
one and two
murder in the second degree
125.25
three
murder in the second degree provided that underlying crime is one for which person is criminally responsible
135.25
 
kidnapping in the first degree
150.20
 
arson in the first degree
120.10
one and two
assault in the first degree
125.20
 
manslaughter in the first degree
130.35
one and two
rape in the first degree
130.50
one and two
sodomy in the first degree
130.70
 
aggravated sexual abuse
140.30
 
burglary in the first degree
140.25
one
burglary in the second degree
150.15
 
arson in the second degree
160.15
 
robbery in the first degree
160.10
two
robbery in the second degree
265.02
four
criminal possession of a weapon in the third degree on school grounds
265.03
 
criminal possession of a weapon in the second degree on school grounds

2. Juvenile Delinquent Charges Listed Under Family Court Act 306.1 are:

a. A person aged 11-12 years

• Class A or B felony.

b. A person aged 13-15 years

• Any felony

3. Probation departments, presentment agencies and family courts should make referrals of juveniles to arresting agencies if the juvenile has not been fingerprinted as required by law. These agencies should contact arresting agencies if they do not receive evidence (i.e., Criminal Justice Tracking Number [CJTN]) that fingerprinting has occurred when required.

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