In a decision released this week, the Wisconsin Supreme Court held that a defendant, who provided a 17-year-old girl with Oxycodone, causing her death, was rightfully convicted of first-degree reckless homicide by delivery of a controlled substance and contributing to the delinquency of a child. The defendant argued that it was legally impossible to contribute to the delinquency of a 17-year-old. Why? Because in Wisconsin, for the purposes of investigation and prosecution, a 17-year-old is considered an adult. The court, however, rejected the defendant’s argument and held that the 17-year-old victim was a child in this context. The court further opined that proscribing the act of contributing to the delinquency of a child is “meant to protect children from those who would encourage them to become delinquent…[and] to protect children from harm by shielding them from the dangers of breaking the law.”
In responding to the Court’s decision, Attorney General Hollen said, “[d]rug abuse often leads to tragic consequences, especially for younger users…I’m gratified that our supreme court held [the defendant] fully accountable” for the death of 17-year old Tanya S.. This does not address the question of how, on the one hand 17-year olds are considered adults yet in this context, the victim “was a child”. Things that make you go hmmmmm?
Interested in working to ensure that all 17-year olds are treated as children in the State of Wisconsin? Join the WCCF by signing our Justice for Wisconsin Youth Statement of Agreement available on our website: https://kidsforward.org/justice_statement.php.
