Waiver of jurisdiction for certain acts; exceptions
Ind. Code § 31-30-3-5
in effectSec. 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.
[Pre-1997 Recodification Citation: 31-6-2-4(e).]
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: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/31Fetched: 10/17/2026