New York was one of the last states to prosecute 16-year-olds as adults.

All of that changed in 2017 when the state legislature passed Raise the Age, a law that ended the automatic prosecution of 16- and 17-year-olds as adults, making 18 the age of criminal responsibility in the state.

What You Need To Know

The state legislature passed Raise the Age in 2017, a law that ended the automatic prosecution of 16- and 17-year-olds as adults, making 18 the age of criminal responsibility in the state

High-profile tragedies led to the passage of the law, including the case of Kalief Browder, who at age 16, was held at Rikers Island for three years without a trial

Staten Island District Attorney Michael McMahon, who has held the position since 2016, believes the intentions behind raising the age are good, but that there are flaws in the law that need to be fixed

On Staten Island, felony youth arrests were up by 54% in 2025 compared to 2024, according to the District Attorney’s Office

High-profile tragedies led to the passage of the law, including the case of Kalief Browder, who at age 16, was held at Rikers Island for three years without a trial. He later died by suicide.

Formerly incarcerated youth and their families advocated for the change.

Staten Island District Attorney Michael McMahon, who has held the position since 2016, believes the intentions behind raising the age are good, but that there are flaws in the law that need to be fixed.

“Starting in 2022, the spike in gun crime is directly related to the raise the age laws. No question about it in my mind. And I think all the experts in our field say the same thing,” he told NY1 during a sit-down one-on-one interview.

Under the Raise the Age law, children aged 16 or 17 are sent to family court if they are caught carrying a gun. If they display the gun, it goes to youth part — a branch within New York’s adult criminal court system established to handle youth felony cases, where their age is considered during sentencing.

“There are few crimes that we are allowed to keep still as a district attorney. And it depends on the exact age of the young person, and it depends on the circumstances of the crime. Murder, attempted murder, the brandishing of a gun, sex crimes — they are kept by us,” McMahon said.

On Staten Island, felony youth arrests were up by 54% in 2025 compared to 2024, according to the District Attorney’s Office.

McMahon said his biggest problem is that he can only prosecute a minor for showing a loaded gun and recovering that weapon, but getting caught for carrying it goes to family court. He added that older gang members are taking advantage of this and are using young kids to carry guns for them.

“Our shooting numbers are only up amongst the cohort of young people they are picking up guns,” McMahon said. “They’ve got the message that if they carry a gun, a loaded gun, and they are arrested, nothing virtually happens. They get a slap on the wrist and they are sent home.”

A statement from The Coalition to Protect Raise The Age: Build Futures, Invest in Youth read, “There is nothing about Raise the Age that jeopardizes public safety. All felony cases begin in adult court, and those charged with the most serious crimes are generally prosecuted there. The idea that youth receive a ‘slap on the wrist,’ whether in adult or family court, does not reflect reality.”

According to the New York Civil Liberties Union, youth arrests have decreased by 77% from 2015 to 2025 in New York City.

The Children’s Defense Fund, which advocated to implement the Raise the Age law, wrote in a statement that data and research shows that the bill is not driving youth crime, adding, “Arrests for felony dangerous weapon charges for young people under 18 have decreased overall over the past 20 years.”

McMahon believes the numbers back him up.

“They really have their head in the sand, in my opinion, and they’re not seeing the reality around them,” he said.

NYPD Commissioner Jessica Tisch said in a news conference last year that the number of kids under age 18 caught with a gun increased by 136% between 2018 and 2024.

“They go to family court; the corporation counsel handles those cases. It’s like a civil violation, and there’s no real accountability. Look, I don’t want those 16-year-olds to go to prison, but I do think that there has to be a system in place that says to them that it’s not okay to carry a loaded firearm in Staten Island or anywhere in New York, and if you do it, there will be ramifications,” McMahon said.

He has proposed changes to the Raise the Age law, including allowing his office to prosecute firearm possession cases and other armed felony cases. Other district attorneys, including the Bronx’s Darcel Clark and Queens’ Melinda Katz, have also mentioned wanting to see changes to the law.

NY1 asked the governor’s office her thoughts on McMahon’s proposed changes. She did not comment on them, but issued a general statement touting her record on fighting crime.