Acts that would be Class A or Class B felonies, involuntary
manslaughter, or reckless homicide
Sec. 5. Except for those cases in which the juvenile court has no
jurisdiction in accordance with IC 31-30-1-4, the court shall, upon
motion of the prosecuting attorney and after full investigation and
hearing, waive jurisdiction if it finds that:
(1) the child is charged with an act that, if committed by an
adult, would be:
(A) a Class A or Class B felony, except a felony defined by
IC 35-48-4;
(B) involuntary manslaughter as a Class C felony under
IC 35-42-1-4; or
(C) reckless homicide as a Class C felony under
IC 35-42-1-5;
(2) there is probable cause to believe that the child has
committed the act; and
(3) the child was at least sixteen (16) years of age when the act
charged was allegedly committed;
unless it would be in the best interests of the child and of the safety
and welfare of the community for the child to remain within the
juvenile justice system.
As added by P.L.1-1997, SEC.13.
Last modified: May 24, 2006