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Current as of March 28, 2024 | Updated by Findlaw Staff
(a) The state may request an extended juvenile jurisdiction designation in a delinquency petition or file a separate motion if the:
(1) Juvenile, under thirteen (13) years of age at the time of the alleged offense, is charged with capital murder, § 5-10-101, or murder in the first degree, § 5-10-102, and the state has overcome presumptions of lack of fitness to proceed and lack of capacity as set forth in § 9-27-502;
(2)(A) Juvenile, thirteen (13) years of age at the time of the alleged offense, is charged with capital murder, § 5-10-101, or murder in the first degree, § 5-10-102.
(B) However, juveniles thirteen (13) years of age at the time of the alleged offense shall have an evaluation pursuant to § 9-27-502, and the burden will be upon the juvenile to establish lack of fitness to proceed and lack of capacity;
(3) Juvenile, fourteen (14) or fifteen (15) years of age at the time of the alleged offense, is charged with any of the following crimes:
(A) Capital murder, § 5-10-101;
(B) Murder in the first degree, § 5-10-102;
(C) Murder in the second degree, § 5-10-103;
(D) Kidnapping, § 5-11-102;
(E) Aggravated robbery, § 5-12-103;
(F) Battery in the first degree, § 5-13-201;
(G) Battery in the second degree in violation of § 5-13-202(a)(2), (3), or (4);
(H) Aggravated assault, § 5-13-204;
(I) Terroristic act, § 5-13-310;
(J) Rape, § 5-14-103;
(K) Sexual assault in the second degree, § 5-14-125;
(L) First degree escape, § 5-54-110;
(M) Second degree escape, § 5-54-111;
(N) Criminal use of prohibited weapons, § 5-73-104;
(O) Possession of a handgun on school property, § 5-73-119(b)(1)(A);
(P) Unlawful discharge of a firearm from a vehicle, § 5-74-107;
(Q) Any felony involving a firearm;
(R) Soliciting or recruiting a minor to join or to remain a member of a criminal gang, organization, or enterprise, § 5-74-203; or
(S) A felony attempt, solicitation, or conspiracy to commit any of the following offenses:
(i) Capital murder, § 5-10-101;
(ii) Murder in the first degree, § 5-10-102;
(iii) Murder in the second degree, § 5-10-103;
(iv) Kidnapping, § 5-11-102;
(v) Aggravated robbery, § 5-12-103;
(vi) Battery in the first degree, § 5-13-201;
(vii) Rape, § 5-14-103;
(viii) First degree escape, § 5-54-110; and
(ix) Second degree escape, § 5-54-111; or
(4) Juvenile is at least sixteen (16) years of age when he or she engages in conduct that, if committed by an adult, would be a felony.
(b) The juvenile's attorney may file a motion to request extended juvenile jurisdiction if the state could have filed pursuant to subsection (a) of this section.
Cite this article: FindLaw.com - Arkansas Code Title 9. Family Law § 9-27-501. Extended juvenile jurisdiction designation - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-9-family-law/ar-code-sect-9-27-501/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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