Sec. 4. (a) The juvenile court does not have
jurisdiction over an individual for an alleged violation of:
(1) IC 35-41-5-1(a) (attempted murder);
(2) IC 35-42-1-1 (murder);
(3) IC 35-42-3-2 (kidnapping);
(4) IC 35-42-4-1 (rape);
(5) IC 35-42-4-2 (criminal deviate conduct) (before its repeal);
(6) IC 35-42-5-1 (robbery) if:
(A) the robbery was committed while armed with a deadly
weapon; or
(B) the robbery results in bodily injury or serious bodily injury;
(7) IC 35-42-5-2 (carjacking) (before its repeal);
(8) IC 35-47-10 (children and firearms), if charged as a felony; or
(9) any offense that may be joined under IC 35-34-1-9(a)(2) with
any crime listed in this subsection;
if the individual was at least sixteen (16) years of age but less than
eighteen (18) years of age at the time of the alleged violation.
(b) Once an individual described in subsection (a) has been charged
with any offense listed in subsection (a), the court having adult
criminal jurisdiction shall retain jurisdiction over the case if the
individual pleads guilty to or is convicted of any offense listed in
subsection (a)(1) through (a)(8).
(c) If:
(1) an individual described in subsection (a) is charged with one
(1) or more offenses listed in subsection (a);
(2) all the charges under subsection (a)(1) through (a)(8) resulted
in an acquittal or were dismissed; and
(3) the individual pleads guilty to or is convicted of any offense
other than an offense listed in subsection (a)(1) through (a)(8);
the court having adult criminal jurisdiction may withhold judgment and
transfer jurisdiction to the juvenile court for adjudication and
disposition. In determining whether to transfer jurisdiction to the
juvenile court for adjudication and disposition, the court having adult
criminal jurisdiction shall consider whether there are appropriate
services available in the juvenile justice system, whether the child is
amenable to rehabilitation under the juvenile justice system, and
whether it is in the best interests of the safety and welfare of the
community that the child be transferred to juvenile court. All orders
concerning release conditions remain in effect until a juvenile court
detention hearing, which must be held not later than forty-eight (48)
hours, excluding Saturdays, Sundays, and legal holidays, after the order
of transfer of jurisdiction.
(d) A court having adult criminal jurisdiction, and not a juvenile
court, has jurisdiction over a person who is at least twenty-one (21)
years of age for an alleged offense:
(1) committed while the person was a child; and
(2) that could have been waived under IC 31-30-3.
This subsection applies to a criminal proceeding for an alleged offense
regardless of whether the offense was committed before, on, or after
July 1, 2023, or the juvenile becomes twenty-one (21) years of age
before, on, or after July 1, 2023.
[Pre-1997 Recodification Citation: 31-6-2-1.1(d).]
As added by P.L.1-1997, SEC.13. Amended by P.L.17-2001,
SEC.7; P.L.151-2006, SEC.12; P.L.216-2007, SEC.35; P.L.67-2008,
SEC.2; P.L.158-2013, SEC.315; P.L.214-2013, SEC.25; P.L.168-2014,
SEC.40; P.L.84-2015, SEC.1; P.L.28-2016, SEC.1; P.L.175-2022,
SEC.4; P.L.115-2023, SEC.7; P.L.148-2024, SEC.15; P.L.218-2025,
SEC.7.
Notes of Decisions
Andrew Conley v. State of Indiana, 972 N.E.2d 864 (Ind. 2012).
· cites it 4× “In Conley’s case, he was exposed to a life without parole sentence by virtue of Indiana Code section 31-30-1-4(a)(2) which provides: “The juvenile court does not have jurisdiction over an individual [at least 16 years of age] for an alleged violation of .”
Philson v. State, 899 N.E.2d 14 (Ind. Ct. App. 2008).
· cites it 24× “Brandon, who was seventeen years old at the time of the alleged offense, was charged in adult court with two counts of rape and three counts of child molesting pursuant to Indiana's automatic jurisdiction statute, Indiana Code § 31-30-1-4. Rape is enumerated in the statute, but…”
Gall v. State, 811 N.E.2d 969 (Ind. Ct. App. 2004).
· cites it 11× “Ind.Code § 31-30-1-4 (1998 & Supp.2003). Indiana Code section 35-34-1-9(2)(2) provides that two or more offenses may be joined when the offenses "are based on the same conduct or on a series of acts connected together or constituting parts of a single scheme or plan.”
Fuller v. State, 752 N.E.2d 235 (Ind. Ct. App. 2001).
· cites it 4× “The State argues that to require mandatory transfer of jurisdiction to juvenile court in every case except when a minor has left the state would render Ind.Code § 31-30-1-4 and its enumerated exceptions meaningless.”
Martez Brown v. State of Indiana, 10 N.E.3d 1 (Ind. 2014).
· cites it 2× “” I.C. § 31-30-1-4(a). It is by virtue of this statute that Brown was tried as an adult.”
Estrada v. State, 969 N.E.2d 1032 (Ind. Ct. App. 2012).
· cites it 4× “Pursuant to Indiana Code section 31-30-1-4 (2008), a juvenile court lacks subject matter jurisdiction over certain offenses if the juvenile was sixteen years of age or older at the time of the alleged violation: (a) The juvenile court does not have jurisdiction over an…”
Truax v. State, 856 N.E.2d 116 (Ind. Ct. App. 2006).
· cites it 2× “Truax argues that pursuant to Indiana Code section 31-30-1-4, which exempts certain crimes from the jurisdiction of the juvenile court, the juvenile court did not have subject matter jurisdiction because Truax was seventeen years old at the time of the police standoff and was…”
Carter v. State, 711 N.E.2d 835 (Ind. 1999).
“§ 31-30-1-4. In short, these statutes evince strong legislative sentiment that a sixteen year old should be treated differently from a younger child in at least some respects.”
C.C. v. State, 907 N.E.2d 556 (Ind. Ct. App. 2009).
· cites it 6× “2006) (holding that where Indiana Code Section 31-30-1-4 divests juvenile court of jurisdiction, it was fundamental error for juvenile court not to transfer the case to eriminal court).”
N.D.F. v. State, 775 N.E.2d 1085 (Ind. 2002).
· cites it 2× “See I.C. § 31-30-1-4 (West Supp.2002); I.C. § 31-30-3-5.”
Blake Layman v. State of Indiana Levi Sparks v. State of Indiana, 17 N.E.3d 957 (Ind. Ct. App. 2014).
· cites it 4× “Pursuant to Indiana Code section 31-30-1-4, Indiana’s Automatic Waiver Statute, felony murder charges were filed against Layman, Sparks, and Quiroz in the Elkhart Circuit Court, where they would all be tried as adults.”
Ind. Code § 31-30-1-4(a): 3 cases
Ind. Code § 31-30-1-4(a)(10): 1 case
Gall v. State, 811 N.E.2d 969 (Ind. Ct. App. 2004).
“Ind.Code § 31-30-1-4 (1998 & Supp.2003). Indiana Code section 35-34-1-9(2)(2) provides that two or more offenses may be joined when the offenses "are based on the same conduct or on a series of acts connected together or constituting parts of a single scheme or plan.”
Ind. Code § 31-30-1-4(a)(12): 2 cases
Ind. Code § 31-30-1-4(a)(2): 1 case
Andrew Conley v. State of Indiana, 972 N.E.2d 864 (Ind. 2012).
“In Conley’s case, he was exposed to a life without parole sentence by virtue of Indiana Code section 31-30-1-4(a)(2) which provides: “The juvenile court does not have jurisdiction over an individual [at least 16 years of age] for an alleged violation of .”
Ind. Code § 31-30-1-4(a)(6): 2 cases
Ind. Code § 31-30-1-4(a2)(12): 1 case
Ind. Code § 31-30-1-4(c): 3 cases
Philson v. State, 899 N.E.2d 14 (Ind. Ct. App. 2008).
“Brandon, who was seventeen years old at the time of the alleged offense, was charged in adult court with two counts of rape and three counts of child molesting pursuant to Indiana's automatic jurisdiction statute, Indiana Code § 31-30-1-4. Rape is enumerated in the statute, but…”
Ind. Code § 31-30-1-4(d): 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.