Indiana Code

Ind. Code § 31-30-3-6 (2026)

Act that would be felony and prior felony or nontraffic misdemeanor conviction

✓ current as of May 2026

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Sec. 6. Upon motion by the prosecuting attorney, the juvenile court shall waive jurisdiction if it finds that:

(1) the child is charged with an act which would be a felony if committed by an adult; and

(2) the child has previously been convicted of a felony or a nontraffic misdemeanor.

[Pre-1997 Recodification Citation: 31-6-2-4(f).]

As added by P.L.1-1997, SEC.13.

Notes of Decisions

Cited in 6 cases, 2010–2020 · leading case: Graham v. Florida, 560 U.S. 48 (2010).

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Graham v. Florida, 560 U.S. 48 (2010). “…405/5-130 (West 2008); id., ch. 720, § 5/12—13(b)(3) (West 2008); id., ch. 730, § 5/3-3-3(d) (West 2008) Indiana Ind. Code §§ 31-30-3-6 (1), 35-50-2-8.5(a) (West 2004) Iowa Iowa Code §§ 232.45 (6), 709.2, 902.1 (2009) Louisiana La. Child. Code Ann., Arts. 305, 857( A),…”

State of Indiana v. C.K., 70 N.E.3d 900 (Ind. Ct. App. 2017). · cites it 14× “The statute at issue here, Indiana Code section 31-30-3-6 (1997), provides: Upon motion by the prosecuting attorney, the juvenile court shall waive jurisdiction if it finds that: (1) the child is charged with an act which would be a felony if committed by an adult; and (2) the…”

Graham v. Florida, 560 U.S. 48 (2010). “…(West 2008); id., ch. 720, § 5/12-13(b)(3) (West 2008); id., ch. 730, §5/3-3-3(d) (West 2008) Indiana Ind. Code §§31-30-3-6 (1), 35-50-2-8.5(a) (West 2004) Iowa Iowa Code §§232.45 (6), 709.2, 902.1 (2009) Louisiana La. Child. Code Ann., Arts. 305, 857(A), (B)…”

D.P. v. State of Indiana State of Indiana v. N.B. (Ind. 2020). · cites it 6× “I.C. § 31-30-3-6. At the time the State filed its waiver motion, N.”

in the Matter of A.J.F., a Child v. State (Tex. App. 2019). “” Ind. Code § 31-30-3-6 (2).5 An Indiana appellate court construed that statute in State violation of state law .”

State of Indiana v. N.B. (Ind. Ct. App. 2020). “” Ind. Code 31-30-3-6 (emphasis added). Court of Appeals of Indiana | Opinion 19A-JV-1659 | January 10, 2020 Page 3 of 9 the delinquency statute as he was no longer under age twenty-one.”

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