Indiana Code
Ind. Code § 31-30-3-4 (2025)
Act that would be murder
✓ 2025 Indiana Code: the 2026 session is not included
Sec. 4. Upon motion of the prosecuting attorney and after full investigation and hearing, the juvenile court shall waive jurisdiction if it finds that:
(1) the child is charged with an act that would be murder if committed by an adult;
(2) there is probable cause to believe that the child has committed the act; and
(3) the child was at least twelve (12) 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(d).]
As added by P.L.1-1997, SEC.13. Amended by P.L.187-2015, SEC.26.
Notes of Decisions
Cited in 11
cases, 1999–2020 · leading case: Paul Henry Gingerich v. State of Indiana, 979 N.E.2d 694 (Ind. Ct. App. 2012).
Paul Henry Gingerich v. State of Indiana, 979 N.E.2d 694 (Ind. Ct. App. 2012). “The State asserts that here, the juvenile court had exclusive original subject matter jurisdiction over Gingerich, that it possessed the statutory authority to waive subject matter jurisdiction to the adult court pursuant to Ind.Code § 31-30-3-4, and that, indeed, the statute…”
Griffith v. State, 791 N.E.2d 235 (Ind. Ct. App. 2003). “In what appears to be a matter of first impression, we are presented the issue of what offenses may be waived to adult court under the provisions of Indiana Code § 31-30-3-4 (Burns Code Ed. Repl.”
Carter v. State, 711 N.E.2d 835 (Ind. 1999). “CODE § 31-30-3-4 (1998). Without citation to authority, Carter argues that the trial court's consideration of evidence of these other crimes punishes him "for crimes he had not been convicted of and denies him his right to due process for a fair hearing on those allegations.”
Hall v. State, 870 N.E.2d 449 (Ind. Ct. App. 2007). “The first petition alleged that pursuant to Indiana Code section 31-30-3-4 juvenile jurisdiction should be waived because Hall was charged with an act that would be murder if committed by an adult and there was probable cause to believe that he had committed the crime.…”
Jacob Fuller v.State of Indiana, 9 N.E.3d 653 (Ind. 2014). “I.C. § 31-30-3-4. Fuller was thus waived into adult court, exposing him to sentences of forty-five to sixty-five years for each murder, with the advisory sentence being fifty-five years; and six to twenty years for Class B felony robbery, with the advisory sentence being ten…”
Villalon v. State, 956 N.E.2d 697 (Ind. Ct. App. 2011). “The child is provided with the opportunity to present evidence to the juvenile court that it would be in the best interests of the child and of the community to have the child remain within the juvenile justice system.”
Brooks v. State, 934 N.E.2d 1234 (Ind. Ct. App. 2010). “Ind.Code § 31-30-3-4 provides: Upon motion of the prosecuting attorney and after full investigation and hearing, the juvenile court may waive jurisdiction if it finds that: (1) the child is charged with an act that would be murder if committed by an adult; (2) there is probable…”
Bradley Hunt v. State of Indiana (mem. dec.), No. 09A02-1409-CR-686 (Ind. Ct. App. Mar. 31, 2015). “[4] Along with the petition, the State filed a motion for waiver of juvenile jurisdiction pursuant to Indiana Code section 31-30-3-4. The juvenile court held a waiver hearing on April 4, 2011.”
State of Indiana v. J.T., 121 N.E.3d 605 (Ind. Ct. App. 2019). “Under the circumstances *613 of this case, waiver of juvenile jurisdiction is governed by Indiana Code section 31-30-3-4 (2015). That statute provides: Upon motion of the prosecuting attorney and after full investigation and hearing, the juvenile court shall waive jurisdiction…”
State of Indiana v. O.E.W., No. 18A-JV-2409 (Ind. Ct. App. Aug. 19, 2019). “Ind. Code § 31-30-3-4 . The only restriction upon waiver is if the juvenile court determines that 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.”
Paris Cornell v. State of Indiana, 139 N.E.3d 1135 (Ind. Ct. App. 2020). “, testified that he pleaded guilty in 2017 to charges related to the battering of his son, who was 4 Ind. Code § 31-30-3-4 . 5 Ind. Code § 35-50-2-11 .”
Ind. Code § 31-30-3-4(l): 1 case
Paul Henry Gingerich v. State of Indiana, 979 N.E.2d 694 (Ind. Ct. App. 2012). “The State asserts that here, the juvenile court had exclusive original subject matter jurisdiction over Gingerich, that it possessed the statutory authority to waive subject matter jurisdiction to the adult court pursuant to Ind.Code § 31-30-3-4, and that, indeed, the statute…”
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