Utah Code 80-6-503. Criminal information for a minor in juvenile court — Extending juvenile court jurisdiction

80-6-503. Criminal information for a minor in juvenile court — Extending juvenile court jurisdiction.

(1)

If a prosecuting attorney charges a minor with a felony, the prosecuting attorney may file a criminal information in the juvenile court if the minor was a principal actor in an offense and the information alleges:

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Terms Used In Utah Code 80-6-503

Adult: means an individual who is 18 years old or older. See Utah Code 80-1-102
committed: means , unless specified otherwise:

(a)	with respect to a child, to transfer legal custody; and

(b)

with respect to a minor who is at least 18 years old, to transfer custody. See Utah Code 80-1-102

Discharge: means a written order of the authority that removes a juvenile offender from the authority's jurisdiction. See Utah Code 80-6-102

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.

Minor: means :

(a)

an individual:

(i)	who is at least 18 years old and younger than 25 years old; and

(ii)	whose case is under the jurisdiction of the juvenile court; or

(b)

an individual:

(i)	who is younger than 21 years old;

(ii)	who is charged with, or convicted of, an offense under Section 80-6-502 or 80-6-503; and

(iii)

whose case is under the jurisdiction of the district court. See Utah Code 80-6-501

Prosecuting attorney: means :

(a)	the attorney general and any assistant attorney general;

(b)	any district attorney or deputy district attorney;

(c)	any county attorney or assistant county attorney; and

(d)

any other attorney authorized to commence an action on behalf of the state. See Utah Code 80-1-102

(a)

(i)	the minor was 16 or 17 years old at the time of the offense; and

(ii)

the offense for which the minor is being charged is a felony violation of:

(A)	Section 76-5-103, aggravated assault resulting in serious bodily injury to another;

(B)	Section 76-5-202, attempted aggravated murder;

(C)	Section 76-5-203, attempted murder;

(D)	Section 76-5-302, aggravated kidnapping;

(E)	Section 76-5-405, aggravated sexual assault;

(F)	Section 76-6-103, aggravated arson;

(G)	Section 76-6-203, aggravated burglary;

(H)	Section 76-6-302, aggravated robbery;

(I)	Section 76-10-508.1, felony discharge of a firearm; or

(J)

an offense other than an offense listed in Subsections (1)(a)(ii)(A) through (I) involving the use of a dangerous weapon if the offense would be a felony had an adult committed the offense, and the minor has been previously adjudicated or convicted of an offense involving the use of a dangerous weapon that would have been a felony if committed by an adult; or

(b)

(i)	the minor was 14 or 15 years old at the time of the offense; and

(ii)

the offense for which the minor is being charged is a felony violation of:

(A)	Section 76-5-202, aggravated murder or attempted aggravated murder; or

(B)	Section 76-5-203, murder or attempted murder.

(2)	At the time that a prosecuting attorney files an information under this section, a party may file a motion to extend the juvenile court’s continuing jurisdiction in accordance with Section 80-6-605.

Renumbered and Amended by Chapter 261, 2021 General Session

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