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:
(1) the child is charged with an act that, if committed by an adult,
would be:
(A) a Level 1 felony, Level 2 felony, Level 3 felony, or Level 4
felony, except a felony defined by IC 35-48-4;
(B) involuntary manslaughter as a Level 5 felony under IC 35-42-1-4;
(C) reckless homicide as a Level 5 felony under IC 35-42-1-5;
or
(D) unlawful carrying of a handgun as a felony under IC 35-47-2-1.5;
(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; P.L.148-2024, SEC.16.
Notes of Decisions
Cited in
15
cases (
2 in the last 5 years), 1999–2025 · leading case:
Moore v. State, 723 N.E.2d 442 (Ind. Ct. App. 2000).
Moore v. State, 723 N.E.2d 442 (Ind. Ct. App. 2000).
· cites it 12× “Ind.Code § 31-30-3-5. Here, the trial court conducted a hearing on the State’s motion to waive jurisdiction.”
Gall v. State, 811 N.E.2d 969 (Ind. Ct. App. 2004).
· cites it 4× “]" Ind.Code § 31-30-3-5 (1998). As set forth above, this is just such a case and we find no merit in Gall's argument that by filing his charges in criminal court the State improperly "circumvented" the juvenile waiver statute.”
Carter v. State, 711 N.E.2d 835 (Ind. 1999).
· cites it 2× “§ 31-30-3-5; but see id. § 31-30-3-2(1) (permitting the waiver of fourteen year olds when certain conditions are met).”
N.D.F. v. State, 775 N.E.2d 1085 (Ind. 2002).
· cites it 2× “2002); I.C. § 31-30-3-5. In addition to the differences in the purposes of the statutes is the content of the statutes themselves.”
State of Indiana v. D.R., 119 N.E.3d 1060 (Ind. Ct. App. 2019).
· cites it 2× “Under the facts of this case, waiver of juvenile jurisdiction is governed by Indiana Code section 31-30-3-5 (2014). That statute provides, in relevant part: [The juvenile] court shall, upon motion of the prosecuting attorney and after full investigation and hearing, waive…”
K.M. v. State, 804 N.E.2d 305 (Ind. Ct. App. 2004).
· cites it 2× “Code § 31-30-1-4 provides for automatic waiver in certain instances, and Ind.Code § 31-30-3-5 provides for a presumptive waiver in certain other instances) do not override the age provisions contained in Ind.”
Roberson v. State, 900 N.E.2d 446 (Ind. Ct. App. 2009).
· cites it 2× “Indiana Code section 31-30-3-5 provides as follows, in relevant part: Except for those cases in which the juvenile court has no jurisdiction in accordance with IC XX-XX-X-X,[ [2] ] the court shall, upon motion of the prosecuting attorney and after full investigation and hearing,…”
K.P. v. State of Indiana (mem. dec.) (Ind. Ct. App. 2020).
· cites it 4× “In each case, the State filed a motion to waive jurisdiction to adult court pursuant to Indiana Court of Appeals of Indiana | Memorandum Decision 19A-JV-1484 | January 6, 2020 Page 4 of 9 Code section 31-30-3-5. The trial court denied the motion as to A.”
NDF v. State, 775 N.E.2d 1085 (Ind. 2002).
· cites it 2× “2002); I.C. § 31-30-3-5. In addition to the differences in the purposes of the statutes is the content of the statutes themselves.”
KM v. State, 804 N.E.2d 305 (Ind. Ct. App. 2004).
· cites it 2× “Code § 31-30-1-4 provides for automatic waiver in certain instances, and Ind.Code § 31-30-3-5 provides for a presumptive waiver in certain other instances) do not override the age provisions contained in Ind.”
Johnny Webster Brown v. State of Indiana (Ind. Ct. App. 2024).
· cites it 3× “Court of Appeals of Indiana | Opinion 23A-CR-330 | May 10, 2024 Page 2 of 15 [3] On December 19, 2019, the State filed a motion pursuant to Indiana Code section 31-30-3-2 and Indiana Code section 31-30-3-5 for the court to waive juvenile jurisdiction.”
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.