Indiana Code 31-30-3-5. Acts that would be Level 1 through Level 4 felonies, involuntary manslaughter, or reckless homicide
Current as of: 2023 | Check for updates
|
Other versions
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:
For details, see Ind. Code § 35-50-2-4, Ind. Code § 35-50-2-4.5, Ind. Code § 35-50-2-5, Ind. Code § 35-50-2-5.5 and Ind. Code § 35-50-2-6
(A) a Level 1 felony, Level 2 felony, Level 3 felony, or Level 4 felony, except a felony defined by IC 35-48-4;
(1) the child is charged with an act that, if committed by an adult, would be:
Attorney's Note
Under the Indiana Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Level 1 felony | between 20 and 40 years | up to $10,000 |
| Level 2 felony | between 10 and 30 years | up to $10,000 |
| Level 3 felony | between 3 and 16 years | up to $10,000 |
| Level 4 felony | between 2 and 12 years | up to $10,000 |
| Level 5 felony | between 1 and 6 years | up to $10,000 |
Terms Used In Indiana Code 31-30-3-5
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
(B) involuntary manslaughter as a Level 5 felony under IC 35-42-1-4; or
(C) reckless homicide as a Level 5 felony under IC 35-42-1-5;
(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.