(A) A child who is alleged to be a delinquent child is eligible for mandatory transfer and the child’s case shall be transferred as provided in section 2152.12 of the Revised Code in any of the following circumstances:

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Terms Used In Ohio Code 2152.10

  • Act charged: means the act that is identified in a complaint, indictment, or information alleging that a child is a delinquent child. See Ohio Code 2152.02
  • Category one offense: means any of the following:

    (1) A violation of section 2903. See Ohio Code 2152.02

  • Category two offense: means any of the following:

    (1) A violation of section 2903. See Ohio Code 2152.02

  • Child: means a person who is under eighteen years of age, except as otherwise provided in divisions (C)(2) to (8) of this section. See Ohio Code 2152.02
  • Delinquent child: includes any of the following:

    (1) Any child, except a juvenile traffic offender, who violates any law of this state or the United States, or any ordinance of a political subdivision of the state, that would be an offense if committed by an adult;

    (2) Any child who violates any lawful order of the court made under this chapter, including a child who violates a court order regarding the child's prior adjudication as an unruly child for being an habitual truant;

    (3) Any child who violates any lawful order of the court made under Chapter 2151 of the Revised Code other than an order issued under section 2151. See Ohio Code 2152.02

  • Discretionary transfer: means that the juvenile court has discretion to transfer a case for criminal prosecution under division (B) of section 2152. See Ohio Code 2152.02
  • Mandatory transfer: means that a case is required to be transferred for criminal prosecution under division (A) of section 2152. See Ohio Code 2152.02
  • Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
  • Transfer: means , except with respect to a transfer from a criminal court to a juvenile court under section 2152. See Ohio Code 2152.02

(1) The child is charged with a category one offense and either of the following apply:

(a) The child was sixteen years of age or older at the time of the act charged.

(b) The child was fourteen or fifteen years of age at the time of the act charged and previously was adjudicated a delinquent child for committing an act that is a category one or category two offense and was committed to the legal custody of the department of youth services upon the basis of that adjudication.

(2) The child is charged with a category two offense, other than a violation of section 2905.01 of the Revised Code, the child was sixteen years of age or older at the time of the commission of the act charged, and either or both of the following apply:

(a) The child previously was adjudicated a delinquent child for committing an act that is a category one or a category two offense and was committed to the legal custody of the department of youth services on the basis of that adjudication.

(b) The child is alleged to have had a firearm on or about the child’s person or under the child’s control while committing the act charged and to have displayed the firearm, brandished the firearm, indicated possession of the firearm, or used the firearm to facilitate the commission of the act charged.

(3) Division (A)(2) of section 2152.12 of the Revised Code applies.

(B) Unless the child is subject to mandatory transfer, if a child is fourteen years of age or older at the time of the act charged and if the child is charged with an act that would be a felony if committed by an adult, the child is eligible for discretionary transfer, and for transfer of the child’s case, to the appropriate court for criminal prosecution. In determining whether to transfer the child for criminal prosecution, the juvenile court shall follow the procedures in section 2152.12 of the Revised Code. If the court does not transfer the child and if the court adjudicates the child to be a delinquent child for the act charged, the court shall issue an order of disposition in accordance with section 2152.11 of the Revised Code.

Last updated February 13, 2023 at 4:06 PM