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HomeWelfare and Institutions CodeDiv. 2Pt. 1Ch. 2Art. 7§ 314 Minor Age Misrepresentation Deadline

§ 314 Minor Age Misrepresentation Deadline

Welfare and Institutions Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 314 Minor Age Misrepresentation Deadline

Key Takeaways

  • •If a kid lies about being 18 or older to the police or a probation officer, and this lie slows down the investigation, the police have 48 hours to file a complaint once they find out the kid's real age.
  • •If the police don't file the complaint in time, the kid must be let go right away.
  • •This rule doesn't count weekends or holidays when figuring out the 48 hours.

Example

A 16-year-old gets arrested but tells the police he's 19. The police believe him and take longer to investigate because they think he's an adult.

Once the police find out he's really 16, they have 48 hours (not counting weekends or holidays) to file a complaint. If they don't, they have to let him go.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 314 Minor Age Misrepresentation Deadline

When a minor willfully misrepresents himself to be 18 or more years of age when taken into custody by a peace officer or probation officer, and this misrepresentation effects a material delay in investigation which prevents the filing of a petition pursuant to the provisions of this chapter, such petition or complaint shall be filed within 48 hours from the time his true age is determined, excluding nonjudicial days. If, in such cases, the petition is not filed within the time prescribed by this section, the minor shall be immediately released from custody. (Added by Stats. 1976, Ch. 1068.)

Last verified: January 23, 2026

Key Terms

probationmisrepresentationcustodyreleasearrestpetitionbeing 18investigation

Related Statutes

  • § 631.1 Minor Age Misrepresentation Consequences
  • § 313 Minor Custody Release Rules
  • § 307 Minor Custody Release Procedures
  • § 307.4 Minor Custody Notification Rights
  • § 311 Minor Detention Hearing Rights

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Welfare and Institutions Code. Section 314.
View Official Source