78A-6-116. Minor's cases considered civil proceedings -- Adjudication of
jurisdiction by juvenile court not conviction of crime, exceptions -- Minor not to be charged
with crime, exception -- Traffic violation cases, abstracts to Department of Public Safety.
(1) Except as provided in Sections 78A-6-702 and 78A-6-703, proceedings in a minor's
case shall be regarded as a civil proceeding with the court exercising equitable powers.
(2) An adjudication by a juvenile court that a minor is within its jurisdiction under
Section 78A-6-103 is not considered a conviction of a crime, except in cases involving traffic
violations. An adjudication may not operate to impose any civil disabilities upon the minor nor
to disqualify the minor for any civil service or military service or appointment.
(3) A minor may not be charged with a crime or convicted in any court except as
provided in Sections 78A-6-702 and 78A-6-703, and in cases involving traffic violations. When
a petition has been filed in the juvenile court, the minor may not later be subjected to criminal
prosecution based on the same facts except as provided in Section 78A-6-702 or 78A-6-703.
(4) An adjudication by a juvenile court that a minor is within its jurisdiction under
Section 78A-6-103 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. A prior adjudication may be used to enhance the level or degree of an offense committed
by an adult only as otherwise specifically provided.
(5) Abstracts of court records for all adjudications of traffic violations shall be submitted
to the Department of Public Safety as provided in Section 53-3-218.
(6) Information necessary to collect unpaid fines, fees, assessments, bail, or restitution
may be forwarded to employers, financial institutions, law enforcement, constables, the Office of
Recovery Services, or other agencies for purposes of enforcing the order as provided in Section
78A-6-117.
Renumbered and Amended by Chapter 3, 2008 General Session
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Last revised: Thursday, May 28, 2009