JUVENILE DIVISION  Jurisdiction of Juvenile Court
As a general rule, the Juvenile Court has exclusive jurisdiction in all cases where the person, before reaching 18 years of age, commits an offense that would be a felony or misdemeanor for an adult. In such cases, the juvenile defendant is referred to as a "child." Proceedings are begun by the Prosecuting Attorney filing a petition in the Juvenile Court alleging that the child is a "delinquent child." The offense is defined as a delinquent act, not a crime.
However, there are exceptions to this general rule. Even when the person charged is less than 18 years old, the following cases must be filed in adult court:
When the child is at least 16 years old and is charged with a misdemeanor traffic crime (For example, Reckless Driving or Leaving the Scene of an Accident). Nevertheless, if the charge is a felony, or if the charge is Operating a Vehicle While Intoxicated, Juvenile Court retains exclusive jurisdiction. When the charge is an infraction or ordinance violation (For example, speeding). Nevertheless, if the infraction charge relates to certain alcohol offenses, Juvenile Court retains exclusive jurisdiction. When the child is at least 16 years of age and is charged with any of the following: - Murder
- Kidnapping
- Rape
- Criminal Deviate Conduct
- Robbery while armed, or resulting in bodily injury or serious bodily injury
- Carjacking
- Criminal gang activity
- Criminal gang intimidation
- Carrying a handgun without a license
- Children and Firearms
- Dealing in a sawed-off shotgun
- Dealing in Cocaine, Narcotics, or Schedule I, II, III, or IV Controlled Substance
When the child has previously been waived to adult court.
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