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It can get pretty messy. For example, they could wait until they're 21 to try them as an adult, even if it was committed at 17 or younger [0 p. 128]: > a perso
by judge2020 5y ago
It can get pretty messy. For example, they could wait until they're 21 to try them as an adult, even if it was committed at 17 or younger [0 p. 128]:
> a person who committed the offense before his eighteenth birthday, but is over twenty-one on the date formal charges are filed, may be prosecuted as an adult.... This is true even where the government could have charged the juvenile prior to his twenty-first birthday, but did not.
However, the statute of limitations for CFAA violations is 2 years [1 p. 2] so this might not apply. If somehow they can still go after him at 21, this post could play a part in evidence for performing the hack (I truly hope not).
0: https://www.justice.gov/sites/default/files/criminal-ccips/legacy/2015/01/14/ccmanual.pdf#page=128 https://www.justice.gov/sites/default/files/criminal-ccips/l...
1: https://www.goodwinlaw.com/-/media/files/publications/10_01-aa-key-issues-in-computer-fraud-and-abuse.pdf#page=2 https://www.goodwinlaw.com/-/media/files/publications/10_01-...
- giantg2 5y agoThe newest policy is to charge minors as adults unless there's a compelling and beneficial reason not to. I think that was a DOJ change around 2009. Not sure how many states followed suit. But in general, its increasingly likely that minors are being charged as adults.