10-YEAR OLDS IN JAIL?

Sep 26, 2025

PRESS RELEASE

THE PUNISHMENT IS TOO BIG FOR THE CRIME
Pennsylvania kids as young as 10 can be arrested…and jailed

It’s shocking to learn that, in Pennsylvania, 10-year-olds can be sent to jail.

A new policy brief by Children First reveals that in 2024, nearly 2,000 Pennsylvania children between the ages of 10 and 12 were charged with crimes; half were found guilty and now are saddled with a juvenile record. For perspective, these children aren’t even out of elementary school.

“Young children’s brains are still developing; they make impulsive decisions and aren’t mature enough to fully understand the consequences of reckless behavior,” said Stefanie Arbutina, Director of Vulnerable Youth Policy at Children First. “Prosecuting kids does more harm than good because we know it only increases their likelihood of repeat offenses.”

Thirteen other states have outlawed the prosecution of children under 13: California, Delaware, Massachusetts, New York, and Utah have a minimum age of 12, while Maryland and New Hampshire have a minimum age of 13 for prosecution.

Pennsylvania should follow suit and make communities safer by reforming the state’s juvenile laws to prevent children under 13 from ever getting locked up, allowing them to benefit from restorative, competency-oriented programs.

Communities would be better served through social services for children, including programs to help them heal from their own trauma, learn about the consequences of their actions, and make amends with the people they wronged. Time in detention and a delinquency record don’t do that.

The fact sheet can be found https://childrenfirstpa.org/research/the-punishment-is-too-big-for-the-crime/.

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