When Juveniles Are Tried as Adults, by State (2026)
How each state handles juveniles tried as adults and the penalties, from each state's code.
| State | Juveniles tried as adults |
|---|---|
| Alabama | Alabama uses both automatic adult prosecution and judicial transfer. A person who was 16 or older and is charged with a capital offense, a Class A felony, a felony involving a deadly weapon, a felony causing death or serious physical injury, a felony using a dangerous instrument against a police officer, judge, teacher or other listed official, drug trafficking, or certain other listed felonies is charged and tried as an adult and is outside juvenile court jurisdiction. For any child who was 14 or older and is accused of a criminal offense, the prosecutor may ask the juvenile judge to transfer the case; after a hearing and a probation officer's report, the judge weighs the offense, prior record, past treatment, maturity and community interest. Once a child is convicted as an adult or as a youthful offender, the juvenile court loses jurisdiction over that child's later offenses. Ala. Code 1975 §§ 12-15-203, 12-15-204 |
| Alaska | A minor 16 or older is automatically prosecuted as an adult when charged with an unclassified or class A felony against a person, first-degree arson, certain class B felonies against a person using a deadly weapon by a minor with a prior deadly-weapon offense, or certain first-degree weapons offenses; if convicted only of a lesser offense, the minor may try to prove they can be treated in the juvenile system. For other cases, the juvenile court may waive jurisdiction after a hearing if it finds probable cause and that the minor cannot be rehabilitated before age 20; the state must prove this by a preponderance of the evidence, except that a minor accused of an unclassified or class A felony against a person is presumed not amenable and must prove otherwise. Once waived, the minor is prosecuted and sentenced as an adult. AS 47.12.030(a), 47.12.100 |
| Arizona | In Arizona the prosecutor files juvenile cases directly in adult court. The county attorney must prosecute a juvenile as an adult if he or she was 15, 16 or 17 and is accused of first- or second-degree murder, forcible sexual assault, armed robbery, another listed violent felony, or any felony as a chronic felony offender (two prior felony-level adjudications). The county attorney may choose adult prosecution for a juvenile 14 or older accused of a class 1 or 2 felony, certain class 3 felonies, a dangerous-offense felony, or a felony as a chronic felony offender. A juvenile with a historical prior felony conviction must be tried as an adult. If the court finds the state did not prove chronic-offender status, the case goes back to juvenile court. A.R.S. § 13-501 |
| Arkansas | Arkansas lets the prosecutor choose (direct file) in some cases and uses judicial transfer in others. A prosecutor may file in adult (circuit) court against a juvenile who was 16 or older and is accused of any felony, or 14 or 15 and accused of capital murder, first-degree murder, kidnapping, aggravated robbery, rape, first-degree battery or a terroristic act. For certain other offenses committed at 14 or 15, the state may move in juvenile court to transfer the case. Either court may hold a transfer hearing; the judge must make written findings on ten factors (such as seriousness, violence, prior history, maturity and available rehabilitation) and may transfer only on clear and convincing evidence, and the decision can be appealed. Ark. Code Ann. § 9-27-318 |
| California | Cases against minors start in juvenile court, and adult prosecution requires a transfer. The prosecutor may move to transfer a minor who was 16 or older at the time of any felony, or who was 14 or 15 at the time of a listed serious offense but was not caught until after juvenile court jurisdiction ended. The probation department prepares a report, and the juvenile court may transfer the case only if it finds by clear and convincing evidence that the minor is not amenable to rehabilitation under juvenile court jurisdiction, considering the factors listed in the statute, and must state its reasons. Cal. Welf. & Inst. Code 707(a) |
| Colorado | Colorado allows both direct filing and judicial transfer. The district attorney may file directly in adult (district) court only if the juvenile was 16 or older and is accused of a class 1 or 2 felony, a sexual assault that is a crime of violence or is aggravated, or another crime of violence or sexual assault with a prior felony adjudication, or was previously prosecuted in district court; the juvenile may ask for a reverse transfer to juvenile court. A juvenile court may transfer a juvenile 12 or 13 accused of a class 1 or 2 felony or crime of violence, or a juvenile 14 or older accused of any felony, after a hearing finding that keeping the case would be contrary to the juvenile's or public's best interests. A transferred juvenile may be sentenced as an adult or to the youthful offender system. C.R.S. §§ 19-2.5-801, 19-2.5-802 |
| Connecticut | In Connecticut a child 15 or older charged with a class A felony, a class B felony (with listed exceptions) or certain murder-related offenses is automatically transferred to the adult criminal docket; the prosecutor may later move a class B felony case back to juvenile court. For the listed exceptions and for class C, D, E and unclassified felonies, transfer happens only if the prosecutor asks and the juvenile court, after a hearing, finds the child was at least 15, there is probable cause, and the best interests of the child and the public will not be served by keeping the case in juvenile court. The court must consider prior offenses, seriousness, any intellectual disability or mental illness, and available juvenile services. Conn. Gen. Stat. § 46b-127 |
| Delaware | Delaware children are tried in Family Court unless the law sends them to Superior Court. A child is proceeded against as an adult when charged with first- or second-degree murder, first- or second-degree rape, first-degree assault, certain first-degree robberies or first-degree kidnapping (children 12 to 15 only for murder or rape), or when a child 16 or older with a prior felony-level adjudication is charged with listed offenses. For other offenses the Family Court may hold an amenability hearing (on its own or on the Attorney General's motion once the child is 16), weighing age, harm caused, prior record and past treatment, and send a child found not amenable to adult court. In Superior Court the Attorney General or the child may seek transfer back to Family Court in the interests of justice, unless the child was already found non-amenable or convicted as an adult. 10 Del. C. §§ 1010, 1011 |
| District of Columbia | In D.C. the U.S. Attorney can directly charge a 16- or 17-year-old as an adult for murder, first-degree sexual abuse, first-degree burglary, armed robbery, assault with intent to commit one of those, or a joinable offense. Otherwise, the Attorney General (Corporation Counsel) may ask the Family Court to transfer a child 15 or older charged with a felony (and certain others, such as a child charged with a gun offense near a school). The court weighs age, offense and record, mental condition, response to past treatment and available programs, and must find no reasonable prospect of rehabilitation; for listed violent offenses, gun crimes and repeat offenders aged 15 and up there is a rebuttable presumption in favor of transfer. D.C. Code §§ 16-2301(3), 16-2307 |
| Florida | Florida uses several routes. Prosecutors may 'direct file' adult charges against a child 14 or 15 for listed serious offenses (such as murder, sexual battery, robbery, carjacking, aggravated battery, armed burglary and lewd offenses), and against a 16- or 17-year-old for any felony (and some misdemeanors with a prior record). A grand jury may indict a child of any age for a crime punishable by death or life, after which the child is tried as an adult. Prosecutors may also ask the juvenile court to waive jurisdiction for a child 14 or older, and must request waiver (or explain why not) for certain repeat violent offenders; the court weighs seriousness, violence, maturity, record and the prospects for rehabilitation. A child who is transferred and found guilty is treated as an adult for later offenses. Fla. Stat. §§ 985.556, 985.557, 985.56 |
| Georgia | Superior (adult) court has exclusive original jurisdiction over children 13 to 17 charged with murder, second-degree murder, voluntary manslaughter, rape, aggravated sodomy, aggravated child molestation, aggravated sexual battery, armed robbery with a firearm, and certain firearm assaults on public safety officers. Before indictment the district attorney may decline and send the case to juvenile court, and after indictment the superior court may transfer some of these cases (and cases ending in a lesser offense) to juvenile court. A juvenile court may also transfer a child 15 or older charged with a felony, or 13 or 14 for an offense punishable by life or death or aggravated battery causing serious injury, after a hearing finding probable cause and that the offense's seriousness or the child's record requires adult proceedings. O.C.G.A. §§ 15-11-560, 15-11-561 |
| Hawaii | Hawaii has no automatic adult prosecution; the family court decides through a waiver hearing. It may waive jurisdiction for a minor 16 or older charged with a felony, and for a minor 14 or older charged with a felony that caused serious bodily injury, would be a class A felony, or follows more than one prior felony-level adjudication; minors of any age charged with first- or second-degree murder or attempted murder may also be waived. The court must find no evidence the minor is committable to a mental health or disability institution (and, for 16- and 17-year-olds, that the minor is untreatable in available facilities or community safety requires restraint beyond minority), weighing seriousness, violence, maturity, record and the prospects for rehabilitation. Haw. Rev. Stat. § 571-22 |
| Idaho | Idaho automatically charges juveniles aged 14 to 17 as adults for murder or attempted murder, robbery, rape, forcible sexual penetration with a foreign object, mayhem, assault or battery with intent to commit one of those crimes, first-degree or aggravated arson, and certain drug manufacturing or delivery near a school, along with related charges from the same act. Otherwise the juvenile court may waive jurisdiction after a full investigation and hearing, for any of those listed crimes at any age, or for any other crime committed at 14 or older, weighing factors such as seriousness, violence, maturity and prior record. Once convicted as an adult, the youth is treated as an adult for later offenses, though the judge may use juvenile sentencing options if adult sentencing would be inappropriate. Idaho Code §§ 20-508, 20-509 |
| Illinois | Illinois uses automatic exclusion, judicial transfer and extended jurisdiction juvenile (EJJ) prosecution. A minor who was at least 16 at the time and is charged with first degree murder, aggravated criminal sexual assault, or aggravated battery with a firearm where the minor personally discharged it is automatically prosecuted as an adult, along with all charges from the same incident. A judge may transfer a minor 13 or older to adult court on the State's Attorney's motion after finding probable cause and that proceeding in juvenile court is not in the public's best interest (discretionary transfer); for a minor 15 or older charged with a forcible felony who has a prior forcible felony and acted for an organized gang, transfer is presumed unless the minor shows by clear and convincing evidence that they are amenable to juvenile treatment. In an EJJ prosecution of a minor 13 or older charged with a felony, a conviction brings a juvenile sentence plus a stayed adult sentence that can take effect if the juvenile sentence is violated. Minors sentenced as adults are sentenced under the special juvenile-offender sentencing rules of 730 ILCS 5/5-4.5-105. 705 ILCS 405/5-130(1), 405/5-805(2), (3), 405/5-810(1), (4); 730 ILCS 5/5-4.5-25 to -65 |
| Indiana | Indiana uses automatic adult-court jurisdiction and judicial waiver. Youths 16 or 17 charged with attempted murder, murder, kidnapping, rape, armed robbery or robbery causing injury, or certain felony firearm offenses, along with joined charges, are prosecuted in adult court. On the prosecutor's motion, the juvenile court must waive a child 12 or older charged with murder, and a child 16 or older charged with a Level 1-4 felony (other than drug felonies) or certain other felonies, unless remaining in the juvenile system is in the child's and the community's best interests; it must waive any child charged with a felony who has a prior felony or nontraffic misdemeanor conviction. It may waive a child 14 or older charged with a heinous or aggravated felony (or one in a repetitive pattern) who is beyond rehabilitation, and a child 16 or older charged with a drug felony, when adult trial serves community safety. IC 31-30-1-4, 31-30-3-2 to -6; IC 35-50-2-4 to -7, 35-50-3-2 to -4 |
| Iowa | Iowa automatically excludes from juvenile court, and tries in adult court, children 16 or older charged with forcible felonies, felony weapons offenses, and certain serious drug offenses, though the district court may transfer a case back to juvenile court for good cause. For other cases the juvenile court may waive jurisdiction after a hearing for a child 14 or older if there is probable cause and the state shows there are no reasonable prospects of rehabilitation in the juvenile system and waiver is in the best interests of the child and the community. Children aged 12 to 15 (or 10 or 11 for a class A felony) may instead be waived for prosecution as 'youthful offenders,' a blended path that starts under juvenile supervision. Iowa Code §§ 232.8(1)(c), 232.45(6)-(7), 803.6 (Iowa Code 2026) |
| Kansas | Kansas has no automatic adult prosecution of juveniles; a prosecutor must ask the court to authorize it. No juvenile under 14 can be tried as an adult. The juvenile is presumed to be a juvenile, and the prosecutor must rebut that presumption by a preponderance of the evidence at a hearing, where the court weighs factors such as the seriousness of the offense, whether it was aggressive, violent or premeditated, whether it was against a person, and the juvenile's record and maturity. For off-grid felonies and severity level 1 to 4 person felonies, the prosecutor may instead seek an extended jurisdiction juvenile prosecution, which imposes a juvenile sentence plus an adult sentence that is stayed and carried out only if the youth violates the juvenile sentence or commits a new offense. K.S.A. 38-2347(a), (d), 38-2364 |
| Kentucky | Kentucky tries juveniles as adults through 'youthful offender' transfer. On the county attorney's motion, a child who was 14 or older and is charged with a capital offense or a Class A or B felony, a child 16 or older charged with a Class C or D felony who has a prior felony adjudication, a child 14 or older charged with a felony in which a firearm was used, or a child previously convicted as a youthful offender, goes to a preliminary hearing where the district court, after finding probable cause, may transfer the case to circuit court for trial as an adult if two or more listed factors (such as seriousness, offense against persons, maturity, prior record, public protection and prospects for rehabilitation) favor transfer. A child 15 or older charged with a Class A, B or C felony in which a firearm was used is transferred to circuit court for trial as an adult if the court finds probable cause, though the case may be sent back. Youthful offenders convicted as adults are held in juvenile facilities until 18. KRS 635.020, 640.010(2) |
| Louisiana | In Louisiana, a person who commits an offense at age 17 or older is prosecuted as an adult; since April 19, 2024, juvenile court covers only acts committed before age 17. A child 15 or older charged with first or second degree murder, first degree rape or aggravated kidnapping, or with listed serious felonies (such as attempted murder, manslaughter, armed robbery, aggravated burglary, second or third degree rape and second degree kidnapping), moves to adult criminal court when the district attorney obtains an indictment (or, for the listed felonies, files a bill of information after a probable-cause finding); the district attorney chooses which court. Separately, a juvenile court may, after a hearing, transfer a child 14 or older charged with murder, aggravated kidnapping, first degree rape, aggravated battery or armed robbery with a firearm, or certain second degree rapes; a transferred 14-year-old cannot be confined past age 31. La. Ch.C. art. 804(1); Ch.C. art. 305; Ch.C. art. 857 |
| Maine | Maine's juvenile court handles crimes by people under 18 (and at least 11, except for murder and certain serious crimes). There is no automatic adult prosecution; instead, when a juvenile is charged with murder or a Class A, B or C crime, the prosecutor may ask for a bind-over hearing, and the judge must send the case to adult court if there is probable cause and, after weighing the seriousness of the crime, the juvenile's record and characteristics, public safety and available juvenile dispositions, adult prosecution is appropriate. The state carries that burden, except that for murder and certain grave Class A crimes the juvenile must show adult prosecution is not appropriate. 15 M.R.S. § 3101(4); 15 M.R.S. § 3003(14) |
| Maryland | Maryland starts some juvenile cases in adult court automatically: a child 14 or older charged with a crime punishable by life imprisonment, and a child 16 or older charged with listed serious crimes (such as kidnapping, second degree murder, voluntary manslaughter, second degree rape, armed robbery, carjacking, first degree assault and certain firearm crimes), are outside juvenile court jurisdiction, though the adult court may transfer the case to juvenile court before trial or a plea if it finds by a preponderance of the evidence that transfer is in the interest of the child or society (not allowed in some cases, such as a child with a prior adult conviction for an excluded crime). A child previously convicted as an adult of a felony is also tried as an adult for a new felony. In other cases, the juvenile court may waive its jurisdiction after a waiver hearing for a child 15 or older, or a younger child charged with an offense punishable by life imprisonment. Md. Code, Cts. & Jud. Proc. §§ 3-8A-03(d), 3-8A-06; Crim. Proc. § 4-202 |
| Massachusetts | Juvenile court handles offenses committed before age 18, but a person who was 14 to 17 when charged with first or second degree murder is prosecuted in adult court. A youth 14 to 17 charged with an offense punishable by state prison may be indicted as a 'youthful offender' if he or she was previously committed to the Department of Youth Services, the offense involved inflicting or threatening serious bodily harm, or it involved certain firearm crimes. A youthful offender stays in juvenile court but, with written findings on public safety, may receive the adult sentence for the offense or a combination sentence (Department of Youth Services commitment to age 21 plus a suspended adult sentence). G.L. c. 119, §§ 74, 52, 54, 58 |
| Michigan | Michigan's juvenile court (family division) covers offenses by people under 18 (since October 1, 2021). Juveniles 14 or older can reach adult court in two ways. For a 'specified juvenile violation' (serious crimes listed by statute), the prosecutor may choose to authorize an adult complaint and warrant instead of filing a juvenile petition, so the case starts in adult court (automatic waiver). For any other felony, the prosecutor may ask the juvenile judge to waive jurisdiction; after finding probable cause, the judge decides whether waiver serves the best interests of the juvenile and the public, giving the most weight to the seriousness of the offense and the juvenile's prior record, and must waive if the juvenile was previously under adult-court jurisdiction. MCL 712A.2(a)(1); MCL 712A.4 |
| Minnesota | A child 16 or older charged with first degree murder is prosecuted in adult court automatically. Otherwise, on the prosecutor's motion the juvenile court may certify a child 14 or older charged with a felony for adult prosecution after a hearing. Certification is presumed for 16- and 17-year-olds charged with an offense carrying a presumptive prison sentence or a felony committed with a firearm, and the child must rebut it by clear and convincing evidence that keeping the case in juvenile court serves public safety; in other cases the prosecutor must prove by clear and convincing evidence that keeping the case in juvenile court does not serve public safety. Minnesota also allows extended jurisdiction juvenile (EJJ) prosecutions for 14- to 17-year-olds, which pair a juvenile disposition with a stayed adult sentence. Minn. Stat. §§ 260B.007, subd. 6(b); 260B.125; 260B.130, subds. 1, 4 |
| Mississippi | Mississippi uses both automatic adult jurisdiction and judicial transfer. Circuit (adult) court has original jurisdiction over a child's act that would be punishable by life imprisonment or death for an adult, and over felonies involving a concealed-type deadly weapon, shotgun or rifle. For other offenses, the youth court may transfer a child 13 or older to adult court, on the prosecutor's or its own motion, after a hearing on probable cause and a finding by clear and convincing evidence that there are no reasonable prospects of rehabilitation in the juvenile system, weighing listed factors. Once transferred, later felonies generally go to adult court. Youth court does not cover offenses committed on or after age 18, and a child under 13 cannot be held criminally responsible. Miss. Code Ann. §§ 43-21-151(1)-(3), 43-21-157 |
| Missouri | Missouri uses judicial certification (transfer). For a child 14 to 17 accused of a class A or B felony, a sex felony, or three felonies within 180 days, the juvenile court may hold a hearing and transfer the case to adult court. For a child 12 to 17 accused of first- or second-degree murder, first-degree assault, rape or sodomy in the first degree, first-degree robbery, drug distribution or manufacturing, any dangerous felony, a felony with a deadly weapon, or with two or more prior felony-level offenses, the court must hold a certification hearing and may transfer the child. The juvenile officer, prosecutor, the child or the court can start the process. RSMo § 211.071.1 |
| Montana | Montana uses prosecutor direct filing in adult (district) court with leave of the court. The county attorney may seek to file in district court if the youth was 12 or older and is charged with sexual intercourse without consent, deliberate or mitigated deliberate homicide, certain assaults on a peace officer or judge, or an attempt; or if the youth was 16 or older and is charged with listed offenses such as aggravated assault, robbery, arson, kidnapping, drug distribution or manufacturing, or sex trafficking. For a youth who was 17, the county attorney must seek district court filing for those offenses. The court grants leave on probable cause, and then must hold a hearing within 30 days on sending the case back to youth court, which it can do only on specific findings. MCA § 41-5-206(1)-(3) |
| Nebraska | Nebraska relies mainly on prosecutor choice of court with transfer back. A juvenile who was 14 to 17 and is accused of a Class I, IA, IB, IC, ID, II or IIA felony may be charged in adult (county or district) court. The juvenile may then move within 30 days of arraignment to transfer the case to juvenile court; the court must hold a hearing within 15 days and transfer the case unless there is a sound basis to keep it, weighing factors such as violence, the juvenile's age, history, amenability to treatment, public safety and best interests. Juvenile court otherwise has jurisdiction over law violations by children 11 and older. Neb. Rev. Stat. §§ 29-1816(1)-(3), 43-276, 43-247(1)-(2) |
| Nevada | Nevada uses automatic exclusion and judicial certification. Murder or attempted murder by a person 16 or older, certain felonies causing death or serious harm on school property with intent to endanger more than one person, and any offense by a child previously convicted as an adult are excluded from juvenile court and go straight to adult court. Otherwise, on the district attorney's motion and after a full investigation, the juvenile court may certify a child 14 or older charged with a felony, or 13 or older charged with murder or attempted murder, for adult prosecution. After certification the child can return to juvenile court only on a showing of exceptional circumstances. NRS 62B.330(3), 62B.390 |
| New Hampshire | New Hampshire uses judicial transfer. For any felony-level offense, the juvenile court may, after a hearing, transfer a minor's case to superior court, weighing factors such as the seriousness and violence of the offense, the minor's maturity and record, and the chances of rehabilitation in the juvenile system. There is a presumption in favor of transfer when a minor 15 or older is charged with murder, manslaughter, first-degree assault, class A aggravated felonious sexual assault, certain drug offenses, or any felony after four prior delinquency adjudications. A minor charged with an act committed after turning 17 may also ask to be tried as an adult. RSA 169-B:24, 169-B:26 |
| New Jersey | New Jersey uses judicial waiver; no statute read sends juveniles directly to adult court. On a prosecutor's motion filed within 60 days of the complaint, the Family Part must waive jurisdiction and send the case to adult court if the juvenile was 15 or older and there is probable cause for a listed offense: criminal homicide (other than death by auto), drug-induced death, first-degree robbery, carjacking, aggravated sexual assault, sexual assault, second-degree aggravated assault, kidnapping, aggravated arson, listed firearm and drug-network crimes, or an attempt or conspiracy to commit one, or a crime committed after an earlier adult prison sentence. The court may deny the motion if clearly convinced the prosecutor abused discretion in weighing factors such as age and maturity, prior history and mental health. A waived juvenile convicted of a listed offense is presumed to serve custody in a juvenile facility until age 21. N.J.S.A. 2A:4A-26.1 |
| New Mexico | New Mexico uses offender categories in the Children's Code. A 'serious youthful offender' (15 to 17, indicted or bound over for first degree murder) is excluded from the definition of a delinquent child. A 'youthful offender' (14 to 17 adjudicated for listed serious offenses such as second degree murder, kidnapping, criminal sexual penetration, robbery, aggravated burglary or aggravated battery, a 14-year-old adjudicated for first degree murder, or 14 to 17 with three prior separate felony adjudications in three years) can receive an adult sentence or juvenile sanctions. To impose an adult sentence, the children's court attorney must file notice of intent, probable cause must be found, and the judge must find the child is not amenable to treatment and not eligible for a disability or mental health commitment, weighing listed factors. An adult sentence may be less than but cannot exceed the mandatory adult sentence and cannot be life without parole; otherwise the youth may be kept in juvenile custody until 21. NMSA 1978, 32A-2-3(H), (J), 32A-2-20; NMSA 1978, 31-18-15, 31-19-1 |
| New York | Under 'Raise the Age', people under 18 are generally not criminally responsible, with exceptions. A 13-year-old may be prosecuted for second-degree murder, and 14- and 15-year-olds for listed serious felonies such as first-degree kidnapping, arson, assault, manslaughter, rape and robbery, and certain school-grounds firearm possession (juvenile offenders). Sixteen- and seventeen-year-olds are responsible for felonies (adolescent offenders) but their cases begin in the Youth Part of adult court. For non-violent felonies the case must be removed to family court unless the district attorney shows 'extraordinary circumstances'; for violent and class A felonies it stays in the Youth Part only if the prosecutor proves the youth caused significant physical injury, displayed a firearm or deadly weapon, or committed a sex offense. N.Y. Penal Law 30.00(1)-(3); Criminal Procedure Law 722.23 |
| North Carolina | North Carolina's juvenile court handles crimes by 16- and 17-year-olds except Class A, B1, B2, C, D and E felonies (and related offenses from the same act or scheme, and motor vehicle offenses): those are excluded from the definition of a delinquent juvenile, so a 16- or 17-year-old charged with a Class A-E felony is prosecuted as an adult rather than in juvenile court. For a juvenile 16 or 17 charged with a Class F or G felony, the juvenile court must transfer the case to superior court after an indictment or a probable cause finding, unless the prosecutor declines to prosecute in superior court; transfer is discretionary for Class H and I felonies. For juveniles 13 to 15, transfer is mandatory for a Class A felony (such as first-degree murder) after a probable cause finding or indictment, and discretionary for other felonies after a hearing. In a transferred case, the prosecutor and the juvenile's attorney may jointly ask the superior court to send the case back to juvenile court, and the superior court record is then expunged. N.C. Gen. Stat. 7B-1501(7)(b), 7B-2200, 7B-2200.5 |
| North Dakota | North Dakota uses transfer from juvenile court. The court must transfer a case for adult prosecution if a child over 16 asks for it, or if a child 14 or older is charged (with probable cause) with murder, attempted murder, or forcible gross sexual imposition or its attempt. Otherwise a child 14 or older may be transferred after a hearing if the court finds reasonable grounds that the child committed the act, is not amenable to treatment as a child, is not treatable in a mental health or disability institution, and the community's interests require it; 14- and 15-year-olds must also be accused of inflicting or threatening serious bodily harm. For manslaughter, aggravated assault, robbery, arson of an inhabited building, or a felony by a child with two prior felony adjudications, the child must prove amenability to treatment. N.D.C.C. 27-20.4-21 |
| Ohio | Ohio uses transfer from juvenile court ('bindover'). Transfer is mandatory, after a hearing and a probable cause finding, for a child 16 or 17 charged with aggravated murder, murder or an attempt (category one offenses); for a 14- or 15-year-old charged with one of those who was previously committed to the Department of Youth Services for a category one or two offense; and for a 16- or 17-year-old charged with another listed serious felony (category two) who has such a prior commitment or used or displayed a firearm. Any child 14 or older charged with a felony may be transferred at the court's discretion if the court finds the child is not amenable to care or rehabilitation in the juvenile system and community safety may require adult sanctions, after weighing statutory factors. A child previously convicted as an adult in a transferred case must be transferred again. R.C. 2152.10, 2152.12(A)-(B) |
| Oklahoma | Youths 15, 16 or 17 charged with first-degree murder are automatically tried as adults, and 13- or 14-year-olds charged with first-degree murder are also held accountable as adults unless certified as youthful offenders or juveniles. Youths 15 to 17 charged with listed violent offenses (such as second-degree murder, kidnapping, armed or first-degree robbery, rape by instrumentation, forcible sodomy, lewd acts with a child) are held accountable as youthful offenders unless the district attorney files a juvenile petition instead, and for first-degree rape the district attorney may choose to charge them as adults. Youths 16 or 17 charged with other listed felonies (such as first-degree burglary, drug trafficking, assault with a deadly weapon, second-degree rape) may be charged as youthful offenders. For any felony, a judge may also certify a child to stand trial as an adult after a hearing that weighs the seriousness of the offense, the child's maturity, record and prospects for rehabilitation. A youth convicted as an adult is tried as an adult for every later offense. 10A O.S. §§ 2-5-205, 2-2-403 |
| Oregon | In Oregon a youth's case generally reaches adult court through a waiver decision by the juvenile court after a hearing (judicial waiver). The state may ask for waiver of a youth who was 15, 16 or 17 when the act was committed if it would be aggravated murder, a Measure 11 offense, any Class A or B felony, certain Class C felonies (such as third-degree assault or third-degree robbery) or a Class C felony with a firearm. The judge may waive the youth only after finding the youth mature enough to appreciate the conduct and that keeping the case in juvenile court would not serve the youth and society, weighing amenability to treatment and public protection. A youth under 15 may be waived only for murder, or for first-degree rape, sodomy or unlawful sexual penetration by force. A waived youth convicted of a Measure 11 offense receives the mandatory minimum but cannot be sentenced to death or life without parole. ORS 419C.349, 419C.352, 419C.364; 137.707 |
| Pennsylvania | Murder is excluded from juvenile court, so a youth charged with murder starts in adult court. Youths 15 or older are also charged in adult court for listed violent crimes (such as rape, involuntary deviate sexual intercourse, robbery, kidnapping, certain aggravated assaults and voluntary manslaughter) committed with a deadly weapon, or after a prior delinquency adjudication for a listed crime. In those direct-file cases the youth can ask the adult court to transfer the case to juvenile court but must prove that transfer serves the public interest. For other felonies, a juvenile judge may transfer a youth who was 14 or older to adult court after a hearing, on a prima facie case and a finding that transfer serves the public interest, considering public safety, the victim, the offense and whether the youth is amenable to treatment as a juvenile. 42 Pa.C.S. §§ 6302 (definition of 'delinquent act'), 6322, 6355 |
| Rhode Island | Rhode Island uses Family Court waiver on the Attorney General's motion. A child of any age charged with an offense punishable by life imprisonment, or a child 16 or older charged with any felony, may be waived to adult court after a hearing if the court finds probable cause and that the child's history, treatment record or the heinous or premeditated nature of the offense means society's interests or public protection require it. Once waived, the youth is tried as an adult for that and all later offenses. Alternatively, the Family Court may 'certify' a youth charged with a felony, giving a jury trial and allowing a sentence that runs past age 19 into adult prison; a youth 16 or older found delinquent for two indictable offenses after turning 16 must be certified. R.I. Gen. Laws §§ 14-1-7, 14-1-7.1, 14-1-7.2, 14-1-7.3 |
| South Carolina | South Carolina relies mainly on family court transfer ('binding over') after a full investigation and hearing, when keeping the case is contrary to the child's or the public's best interest. A child 14 to 16 charged with a Class A to D felony or a felony carrying 15 years or more, a child 17 charged with a lesser felony or misdemeanor, and a child 14 or older charged with certain weapon or drug-distribution-near-school offenses, or with a 10-year offense after two prior such adjudications, may be transferred. For murder or criminal sexual conduct, the prosecutor may ask for transfer within 30 days of the petition and appeal a denial to circuit court. A 17-year-old charged with a Class A to D felony or a felony carrying 15 years or more is not treated as a child at all and is prosecuted in adult court, though the solicitor may send the case back to family court. S.C. Code §§ 63-19-1210(4), (5), (6), (9), (10); 63-19-20(1) |
| South Dakota | A youth 16 or older charged with a Class A, B, C, 1 or 2 felony is tried in adult circuit court, but may ask for a transfer hearing, where it is presumed to be in the public interest to try the youth as an adult. For other felonies, the court may transfer a delinquent child to adult court after a transfer hearing that considers whether keeping the case in juvenile court is contrary to the child's and the public's best interest, weighing the seriousness and violence of the offense, whether it was against persons, its prosecutive merit, the child's record, and the prospects for public protection and rehabilitation. Once a youth is transferred, later offenses during minority are also handled in adult court. SDCL 26-11-3.1, 26-11-4 |
| Tennessee | Only by judicial transfer: Tennessee has no automatic or direct adult filing. After a hearing, a juvenile court may transfer a child of any age for first- or second-degree murder (or attempt); 14 or older for rape, aggravated robbery, aggravated burglary, kidnapping, carjacking, terrorism and similar listed offenses; 15 or older for organized retail crime or theft of a firearm; 16 or older for robbery or escape from a youth center; and 17 or older for any other offense. The court must find probable cause, that the child is not committable to a mental health or disability institution, and that the community interest requires legal restraint, considering record, past treatment, seriousness and trauma history. The death penalty may not be sought against a transferred child. Tenn. Code Ann. § 37-1-134 |
| Texas | In Texas, 17-year-olds are charged as adults; the juvenile system covers ages 10 through 16. After a full investigation, diagnostic study and a hearing without a jury, a juvenile court may waive jurisdiction and transfer a child to adult court if the child was 14 or older for a capital felony, first-degree felony or aggravated drug felony, or 15 or older for a second- or third-degree or state jail felony, and the court finds probable cause and that the seriousness of the offense or the child's background requires criminal proceedings. The court weighs whether the offense was against a person, the child's maturity, record, and public safety versus rehabilitation. There is no direct file by prosecutors; transfer is mandatory only for a child previously transferred, with exceptions. Tex. Fam. Code §§ 51.02(2), 54.02 |
| Utah | A 16- or 17-year-old charged as a principal with aggravated murder or murder must be charged in district (adult) court, though they cannot receive death or life without parole. For a 16- or 17-year-old charged with listed violent felonies (such as aggravated assault causing serious injury, attempted murder, aggravated kidnapping, aggravated sexual assault, aggravated burglary or robbery, or a repeat dangerous-weapon felony), or a 14- or 15-year-old charged with murder or aggravated murder (or attempt), the prosecutor may file a criminal information in juvenile court, and the juvenile court holds a preliminary hearing. The case is bound over to adult court only if the prosecutor shows probable cause and, by a preponderance of the evidence, that keeping the case in juvenile court is against the best interests of the minor and the public, considering seriousness, violence, the minor's history and rehabilitation prospects. Utah Code §§ 80-6-502, 80-6-503, 80-6-504 |
| Vermont | Vermont's Family Division handles most offenses committed before age 19 (rising to 20 on July 1, 2027). Cases for 14- to 21-year-olds accused of serious listed offenses (such as murder, manslaughter, kidnapping, aggravated assault, armed robbery, arson causing death, maiming, sexual assault and aggravated sexual assault) start in the adult Criminal Division, as do 16-and-older cases for using a firearm in a felony, drug trafficking or aggravated stalking, unless the prosecutor files them as youthful offender cases in the Family Division; these can be transferred back. On the prosecutor's motion and after a hearing, the Family Division may also transfer to adult court any felony committed at 16 or older, or a listed offense committed at 12 or 13. 33 V.S.A. §§ 5201(c), (d), 5204(a) |
| Virginia | For a juvenile 14 or older charged with a felony, the prosecutor may ask the juvenile court to hold a transfer hearing; the judge may transfer the case to circuit (adult) court after finding probable cause, competence, and by a preponderance of the evidence that the juvenile is not a proper person to remain in juvenile court, weighing age, seriousness, record, treatment options and other listed factors. If a juvenile 16 or older is charged with capital, first-degree or second-degree murder, lynching or aggravated malicious wounding, the juvenile court holds only a preliminary hearing and, on probable cause, sends the case to the grand jury. For 16- and 17-year-olds charged with other listed violent felonies (such as rape, robbery, carjacking, abduction or malicious wounding), the prosecutor may give written notice to use the same certification process. There is no direct filing in adult court without a juvenile court hearing. Va. Code § 16.1-269.1 |
| Washington | Adult court has automatic, exclusive jurisdiction over 16- and 17-year-olds charged with a serious violent offense, first-degree rape of a child, or a violent offense with a qualifying prior record (though the parties can agree to keep the case in juvenile court). Otherwise, a juvenile court may 'decline' jurisdiction after a hearing for a 15- to 17-year-old charged with a serious violent offense, a child 14 or younger charged with first- or second-degree murder, or a youth already serving a juvenile sentence to age 21 who commits custodial assault or escape. The judge transfers the case only on finding it is in the best interest of the juvenile or the public, with written findings. RCW 13.04.030(1)(e)(v), 13.40.110 |
| West Virginia | West Virginia uses judicial transfer on the prosecutor's written motion, after a hearing where the state must prove the grounds by clear and convincing evidence. Transfer is mandatory when there is probable cause that a juvenile 14 or older committed treason, murder, armed robbery, kidnapping, first-degree arson or first-degree sexual assault; a violent felony after a prior violent-felony adjudication; or any felony after two prior felony adjudications; it is also required if a juvenile 14 or older demands it. The court may transfer a juvenile 14 or older for a violent felony, a felony after one prior felony adjudication, or a felony using a firearm or deadly weapon, and may transfer for certain narcotic delivery or arson offenses, considering the juvenile's maturity, mental condition, family and school history; it may also transfer a child under 14 for the most serious listed offenses. Some transfer orders can be appealed directly to the Supreme Court of Appeals. W. Va. Code § 49-4-710 |
| Wisconsin | In Wisconsin, anyone 17 or older is prosecuted as an adult for criminal offenses. Adult court has automatic original jurisdiction over a juvenile 10 or older accused of attempted or completed first-degree intentional homicide, first-degree reckless homicide or second-degree intentional homicide, over certain assaults or escapes by juveniles already adjudicated delinquent, and over any juvenile previously convicted in adult court; the adult court may still give a juvenile disposition in some cases. Otherwise the district attorney, the juvenile or the court may ask the juvenile court to waive jurisdiction for a juvenile 14 or older accused of listed serious felonies (such as felony murder, first- or second-degree sexual assault, kidnapping, armed robbery or burglary, or drug manufacture or delivery) or a gang-related felony, or for any crime at 15 or older. The judge waives jurisdiction only if the matter has prosecutive merit and there is clear and convincing evidence, based on the juvenile's maturity, record, the offense and available treatment, that keeping the case in juvenile court is contrary to the best interests of the juvenile or the public. Wis. Stat. §§ 938.02(1), 938.18, 938.183 |
| Wyoming | Wyoming gives juvenile court exclusive jurisdiction over children under 13 charged with felonies or serious misdemeanors. Otherwise cases generally start in juvenile court, but the district attorney may file directly in adult court for a felony by a minor 17 or older, a violent felony by a minor 14 or older, or a felony by a minor 14 or older with two prior felony delinquency adjudications (and for most misdemeanors). The juvenile court may also transfer a case to adult court after a hearing (with no jury), weighing factors such as the seriousness and violence of the offense, the juvenile's maturity and record, and the prospects for rehabilitation, and must state its reasons on the record. Statements made at the transfer hearing cannot be used against the child at trial. W.S. 14-6-203(c)-(f), 14-6-237 |
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.