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Indiana Code Title 31. Family Law and Juvenile Law § 31-30-3-5

Current as of January 02, 2024 | Updated by Findlaw Staff

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 Level 1 felony, Level 2 felony, Level 3 felony, or Level 4 felony, except a felony defined by IC 35-48-4;

(B) involuntary manslaughter as a Level 5 felony under IC 35-42-1-4;

(C) reckless homicide as a Level 5 felony under IC 35-42-1-5;  or

(D) unlawful carrying of a handgun as a felony under IC 35-47-2-1.5;

(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.

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Cite this article: FindLaw.com - Indiana Code Title 31. Family Law and Juvenile Law § 31-30-3-5 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-31-family-law-and-juvenile-law/in-code-sect-31-30-3-5/

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