In the Interest of H. E. B.
In the Interest of H. E. B.
Opinion of the Court
The juvenile court adjudicated H. E. B. delinquent for running away from home when she was 17 years old.
OCGA § 15-11-2 (2) defines a “child” as
. . . any individual who is: (A) Under the age of 17 years; (B) Under the age of 21 years, who committed an act of delinquency before reaching the age of 17 years, and who has been placed under the supervision of the court or on probation to the court; or (C) Under the age of 18 years, if alleged to be a “deprived child” or a “status offender” as defined by this Code section.
A “status offender” is defined as a child “who is charged with or adjudicated of an offense which would not be a crime if it were committed by an adult, in other words, an act which is only an offense because of the perpetrator’s status as a child. Such offenses shall include . . . running away from home.”
H. E. B. contends that OCGA §§ 15-11-28 (d) and 15-11-2 (2) (C) conflict and that the juvenile court should have followed the former statute and dismissed the petition filed against her. This argument ignores fundamental rules of statutory construction. “ [A]ll statutes relating to the same subject-matter, briefly called statutes ‘in pari materia,’ are construed together, and harmonized wherever possible, so as to ascertain the legislative intendment and give effect thereto.”
The legislature amended OCGA § 15-11-2 (2) (C) in 2003 to include “status offender” under the age of 18 in the definition of a “child.”
Our conclusion comports with State v. Crankshaw,
Judgment affirmed.
The parties in this case entered into a stipulation of facts for the purpose of appeal
OCGA § 15-11-2 (11).
Weaver v. State of Ga., 299 Ga. App. 718, 721 (2) (683 SE2d 361) (2009).
(Citation and punctuation omitted.) Goldberg v. State, 282 Ga. 542, 546 (651 SE2d 667) (2007). Accord In the Interest of J. V., 282 Ga. App. 319, 321 (638 SE2d 757) (2006).
(Citation and punctuation omitted.) McPherson v. City of Dawson, 221 Ga. 861, 862 (148 SE2d 298) (1966).
Ga. L. 2003, p. 640, § 1.
See Ga. Code Ann. § 24A-301 (d), now codified as OCGA § 15-11-28 (d).
243 Ga. 183 (253 SE2d 69) (1979).
Ga. Code Ann. § 24A-401 (c) (2).
Crankshaw, supra at 184.
Reference
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