Raise the Age Act: Changes in Effect
Karen Czapkowski ‘27
Introduction:
January 26th, 2025, Sean Simpson shot and killed Zaquavious Dawkins, and injured one other individual. He shot at Dawkins after conducting a drive-by shooting out of a black Tesla car. He then turned back around and followed the other victim, shooting at them. The victim sustained injuries, but did not succumb to them. As a result of his actions, Simpson is being charged with first degree murder and attempted first degree murder. In his adjudicatory hearing, the court ruled that he indeed will be charged as an adult, despite being 16 years of age at the time of the crime. Both charges fall between Class A-E felonies, high to mid-level felonies, a very important factor in deciding Simpson’s jurisdiction.
First degree murder is defined by the North Carolina state statutes as “any willful, deliberate, and premeditated killing …committed or attempted with the use of a deadly weapon”. An attempt to commit a Class A felony, like Simpson’s alleged attempted first degree murder, is a Class B2 felony, as defined by North Carolina law. This case has made headlines because Simpson is one of the first juveniles to be charged as an adult in the recent amendments to the Raise the Age Act.
What is Raise the Age (RTA):
The act was first adopted in 2017, with its initial implementation taking place in 2019. It raised the age of juvenile jurisdiction to the age of 18, meaning that 16 and 17 year olds would no longer be automatically charged as adults for crimes they have committed, barring motor vehicle offenses. Reasoning to pass this legislation was substantial: it would attempt to reduce recidivism, allow the youth to have access to better resources than the adult criminal justice system, and keep their criminal records private. The latter was arguably the key point for lawmakers; they wanted to make sure that a careless mistake made in one's adolescence would not have drastic consequences on the rest of their lives.
Juvenile Court System:
In North Carolina, a juvenile is defined as a person who is at least 6 but under 18 years of age, not emancipated, married, or in the military. Juveniles may be transferred to be charged in adult court if they are at least 13 years of age, however that generally only occurs if the crime is substantial. In a juvenile court, the defendant cannot be found guilty of committing a crime; they are instead found responsible of committing the alleged offense. From there, the judge orders what is called disposition, where they decide the most appropriate course of action to take. Common dispositions include: probation, community service, restitution, and in more serious cases, detention. Juvenile court's primary focus is rehabilitation of the offenders in efforts to reduce repeat offenders.
Controversy arose because all of the offenders started off being charged as juveniles. This meant that even the most heinous of offenders, such as murderers and rapists were being charged as juveniles. People believed this to be unfair to the victims and unsafe to the general public. By not convicting these older juveniles of crimes, especially of serious offenses, a perverse incentive was created: if one committed an egregious act prior to them becoming an adult, they would not have to face the consequences of the justice system, would have their records protected, and would leave with some community service. What started as a way to help juveniles not suffer extreme consequences from menial mistakes, ended as a means to enable their misdoings.
Changes to the Raise the Age Act
The modification to the Raise the Age act would drop the age limit to be tried as an adult back to 16 for certain offenses, specifically Class A-E felonies. These felonies, include, but are not limited to: murder, rape, voluntary manslaughter, child abuse, and assault with a deadly weapon with intent to kill. Defendants with these charges would now start off their cases in adult court. The opportunity for cases to be remanded to the lower court does exist; if a case does get dismissed then the adult records are deleted. This change marries the support and dissents of the act, allowing for some leniency in charging juveniles, while getting rid of some of the perverse incentives for the more serious crimes.
Conclusion:
The changes took place on December 1st, 2024. Simpson’s case is one of the first big cases to be impacted by these changes. For Simpson, it is unlikely that his case will be remanded to the juvenile court. He is being charged with high grade felonies, which are the primary target for the changes to the RTA. The facts in the case show clear intent of committing the crime. The year prior to the murder, it is believed that the defendant and victim had some personal issues, which were believed to have been resolved. A witness has told investigators that prior to the shooting, Simpson yelled some things at the victims. At this moment it is unclear what was said, but shortly after the defendant drove past them again and started shooting. The fact that he circled back shows willfulness, and that this act was deliberate. These facts do not help Simpson in his case. As a result, the defendant may be indicted by a grand jury. Had he had been younger at the time the crime was committed, he would have more of a chance to be tried as a juvenile. The change in the RTA did not act in Simpsons favor here, but they ultimately will hold criminals accountable for their behavior.
Karen is a sophomore majoring in economics and political science
Sources
North Carolina General Assembly. (2017). Juvenile Justice Reinvestment Act (Raise the
Age Act). Session Law 2017-57. https://www.ncleg.net/enactedlegislation/sessionlaws/html/2017-2018/sl2017-57.html
'Raise the Age' Juvenile Justice Reforms Altered by North Carolina Senate. (2024, May 15). U.S.
News and World Report. Retrieved March 30th, 2025 from:https://www.usnews.com/news/best-states/north-carolina/articles/2024-05-15/raise-the-age-juvenile-justice-reforms-altered-by-north-carolina-senate
Juvenile Delinquency. Retrieved March 30th, 2025. North Carolina Judicial Branch https://www.nccourts.gov/help-topics/family-and-children/juvenile-delinquency
N.C.G.S § 14-17 (2023). https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_14/GS_14-17.pdf
