Minors' cases considered civil proceedings -- Minor not to be charged with crime -- Exception for a prior adjudication -- Traffic violation cases.

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  • (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.




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