IC 31-30-3-5 — Waiver of jurisdiction for certain acts; exceptions
Chapter 3. Waiver of Jurisdiction
Bills amending this section
Section text
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; (D) unlawful carrying of a handgun as a felony under IC 35-47-2-1.5; or (E) dangerous possession of a firearm as a felony under IC 35-47-10; (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. Amended by P.L.158-2013, SEC.316; P.L.148-2024, SEC.16; P.L.158-2026, SEC.26.
Source: official publisher (2026 edition)