Juvenile court lacks jurisdiction over individuals at least 16 years
of age committing certain felonies; retention of jurisdiction by
court having adult criminal jurisdiction
Sec. 4. (a) The juvenile court does not have jurisdiction over an
individual for an alleged violation of:
(1) IC 35-42-1-1 (murder);
(2) IC 35-42-3-2 (kidnapping);
(3) IC 35-42-4-1 (rape);
(4) IC 35-42-4-2 (criminal deviate conduct);
(5) IC 35-42-5-1 (robbery) if:
(A) the robbery was committed while armed with a deadly
weapon; or
(B) the robbery results in bodily injury or serious bodily
injury;
(6) IC 35-42-5-2 (carjacking);
(7) IC 35-45-9-3 (criminal gang activity);
(8) IC 35-45-9-4 (criminal gang intimidation);
(9) IC 35-47-2-1 (carrying a handgun without a license);
(10) IC 35-47-10 (children and firearms);
(11) IC 35-47-5-4.1 (dealing in a sawed-off shotgun); or
(12) any offense that may be joined under IC 35-34-1-9(a)(2)
with any crime listed in subdivisions (1) through (11);
if the individual was at least sixteen (16) years of age at the time of
the alleged violation.
(b) The juvenile court does not have jurisdiction for an alleged
violation of manufacturing or dealing in cocaine, a narcotic drug, or
methamphetamine (IC 35-48-4-1), dealing in a schedule I, II, or III
controlled substance (IC 35-48-4-2), or dealing in a schedule IV
controlled substance (IC 35-48-4-3), if:
(1) the individual has a prior unrelated conviction under
IC 35-48-4-1, IC 35-48-4-2, or IC 35-48-4-3; or
(2) the individual has a prior unrelated juvenile adjudication
that, if committed by an adult, would be a crime under
IC 35-48-4-1, IC 35-48-4-2, or IC 35-48-4-3;
and the individual was at least sixteen (16) years of age at the time
of the alleged violation.
(c) Once an individual described in subsection (a) has been
charged with any crime listed in subsection (a)(1) through (a)(15),
the court having adult criminal jurisdiction shall retain jurisdiction
over the case even if the individual pleads guilty to or is convicted of
a lesser included offense. A plea of guilty to or a conviction of a
lesser included offense does not vest jurisdiction in the juvenile
court.
As added by P.L.1-1997, SEC.13. Amended by P.L.17-2001, SEC.7.
Last modified: May 24, 2006