- (1) The youth court shall have exclusive original jurisdiction in all proceedings concerning a delinquent child, a child in need of supervision, a neglected child, an abused child or a dependent child except in the following circumstances:
- (a) Any act attempted or committed by a child, which if committed by an adult would be punishable under state or federal law by life imprisonment or death, will be in the original jurisdiction of the circuit court;
- (b) Any act attempted or committed by a child with the use of a deadly weapon, the carrying of which concealed is prohibited by Section 97-37-1, or a shotgun or a rifle, which would be a felony if committed by an adult, will be in the original jurisdiction of the circuit court; and
- (2) Jurisdiction of the child in the cause shall attach at the time of the offense, or at the time of the allegation of abuse, neglect or exploitation, and shall continue thereafter for that offense or the allegations of abuse, neglect or exploitation until the child's twentieth birthday, unless sooner terminated by order of the youth court. The youth court shall not have jurisdiction over offenses committed by a child on or after his eighteenth birthday, nor have jurisdiction of abuse, neglect, or exploitation committed against a child after their eighteenth birthday.
- (3) No child who has not reached his thirteenth birthday shall be held criminally responsible or criminally prosecuted for a misdemeanor or felony; however, the parent, guardian or custodian of such child may be civilly liable for any criminal acts of such child. No child under the jurisdiction of the youth court shall be held criminally responsible or criminally prosecuted by any court for any act designated as a delinquent act, unless jurisdiction is transferred to another court under Section 43-21-157.
- (4) The youth court shall also have jurisdiction of offenses committed by a child which have been transferred to the youth court by an order of a circuit court of this state having original jurisdiction of the offense, as provided by Section 43-21-159.
- (5) The youth court shall regulate and approve the use of teen court as provided in Section 43-21-753.
- (6) Nothing in this section shall prevent the circuit court from assuming jurisdiction over a youth who has committed an act of delinquency upon a youth court's ruling that a transfer is appropriate pursuant to Section 43-21-157.
Laws, 1979, ch. 506, § 15; Laws, 1985, ch. 486, § 1; Laws, 1989, ch. 441, § 3; Laws, 1990, ch. 452, § 1; Laws, 1993, ch. 558, § 1; Laws, 1994, ch. 595, § 1; Laws, 1996, ch. 514, § 3; Laws, 2010, ch. 542, § 1, eff. 7/1/2011.
Amended by Laws, 2024, ch. 531, SB 2792,§ 6, eff. 7/1/2024.
Notes of Decisions
Foster v. State, 639 So. 2d 1263 (Miss. 1994).
· cites it 3× “He claims that the provision for original jurisdiction in the circuit court constitutes cruel and inhuman punishment *1296 under the Eighth Amendment.”
State of Iowa v. Noah Riley Crooks, 911 N.W.2d 153 (Iowa 2018).
· cites it 2× “) (no lower age limit); Miss. Code Ann. §§ 43-21-151 , -157 (West, Westlaw through 2018 Reg.”
Holly v. State, 671 So. 2d 32 (Miss. 1996).
· cites it 3× “Miss. Code Ann. § 43-21-151 (1) grants the youth court jurisdiction over all *42 proceedings concerning a delinquent child except where the offense is punishable by life imprisonment or death.”
Edmonds v. State, 955 So. 2d 787 (Miss. 2007).
· cites it 2× “See Miss.Code Ann. § 43-21-151(1)(a) (Rev.2004) (gives the circuit court original jurisdiction in cases involving "[a]ny act attempted or committed by a child, which if committed by an adult would be punishable under state or federal law by life imprisonment or death.”
Helmert v. Biffany, 842 So. 2d 1287 (Miss. 2003).
· cites it 5× “Miss.Code Ann. § 43-21-151 (1972) sets forth the jurisdiction of the Youth Court: *1291 The Youth Court shall have exclusive original jurisdiction in all proceedings concerning a delinquent child, a child in need of supervision, a neglected child, an abused child, or a dependent…”
Clemons v. State, 733 So. 2d 266 (Miss. 1999).
· cites it 5× “See also Miss.Code Ann. § 43-21-151 (giving circuit court original jurisdiction in cases "where any act committed by a child, which if committed by an adult would be punishable under state or federal law by life imprisonment or death").”
McDonald v. McDonald, 39 So. 3d 868 (Miss. 2010).
· cites it 2× “Miss.Code Ann. § 43-21-151(1) (Rev.2009).”
M.A.S. v. Miss. Dep't of Human Servs. (In Re M.A.S.), 245 So. 3d 410 (Miss. 2018).
· cites it 5× “3d at 1058 (quoting Miss. Code Ann. § 43-21-151 ). Section 93-15-105(1) is simply an extension of Section 43-21-151, clarifying that, once an abused-and-neglected-child proceeding is initiated in youth court, that court’s exclusive jurisdiction carries through the entirety of…”
In Interest of TLC, 566 So. 2d 691 (Miss. 1990).
· cites it 2× “He complains specifically of the establishment clause in the Youth Court Act, Miss. Code Ann. § 43-21-107 (Supp. 1989), acting in conjunction with the jurisdictional clause, Miss.”
Miller v. State, 740 So. 2d 858 (Miss. 1999).
· cites it 2× “WHETHER THE TRIAL COURT COMMITTED REVERSIBLE ERROR BY FAILING TO REMAND THIS CASE TO YOUTH COURT, AND WHETHER OR NOT THE MISSISSIPPI YOUTH COURT ACT VIOLATES THE DUE PROCESS AND EQUAL PROTECTION CLAUSES OF THE MISSISSIPPI AND UNITED STATES CONSTITUTIONS ¶ 26.”
Foster v. State, 687 So. 2d 1124 (Miss. 1996).
“'" Miss. Code Ann. § 43-21-151 (1) (Supp. 1992).”
Miss. Code Ann. § 43-21-151(1): 19 cases
Foster v. State, 639 So. 2d 1263 (Miss. 1994).
“He claims that the provision for original jurisdiction in the circuit court constitutes cruel and inhuman punishment *1296 under the Eighth Amendment.”
Miss. Code Ann. § 43-21-151(1)(a): 8 cases
Clemons v. State, 733 So. 2d 266 (Miss. 1999).
“See also Miss.Code Ann. § 43-21-151 (giving circuit court original jurisdiction in cases "where any act committed by a child, which if committed by an adult would be punishable under state or federal law by life imprisonment or death").”
Edmonds v. State, 955 So. 2d 787 (Miss. 2007).
“See Miss.Code Ann. § 43-21-151(1)(a) (Rev.2004) (gives the circuit court original jurisdiction in cases involving "[a]ny act attempted or committed by a child, which if committed by an adult would be punishable under state or federal law by life imprisonment or death.”
Miller v. State, 740 So. 2d 858 (Miss. 1999).
“WHETHER THE TRIAL COURT COMMITTED REVERSIBLE ERROR BY FAILING TO REMAND THIS CASE TO YOUTH COURT, AND WHETHER OR NOT THE MISSISSIPPI YOUTH COURT ACT VIOLATES THE DUE PROCESS AND EQUAL PROTECTION CLAUSES OF THE MISSISSIPPI AND UNITED STATES CONSTITUTIONS ¶ 26.”
Miss. Code Ann. § 43-21-151(1)(c): 3 cases
Miss. Code Ann. § 43-21-151(1996): 2 cases
Miss. Code Ann. § 43-21-151(2): 3 cases
Miss. Code Ann. § 43-21-151(3): 2 cases
Miss. Code Ann. § 43-21-151(3)(1996): 1 case
Clemons v. State, 733 So. 2d 266 (Miss. 1999).
“See also Miss.Code Ann. § 43-21-151 (giving circuit court original jurisdiction in cases "where any act committed by a child, which if committed by an adult would be punishable under state or federal law by life imprisonment or death").”
Miss. Code Ann. § 43-21-151(4): 1 case
Edmonds v. State, 955 So. 2d 787 (Miss. 2007).
“See Miss.Code Ann. § 43-21-151(1)(a) (Rev.2004) (gives the circuit court original jurisdiction in cases involving "[a]ny act attempted or committed by a child, which if committed by an adult would be punishable under state or federal law by life imprisonment or death.”
Miss. Code Ann. § 43-21-151(c): 1 case
Helmert v. Biffany, 842 So. 2d 1287 (Miss. 2003).
“Miss.Code Ann. § 43-21-151 (1972) sets forth the jurisdiction of the Youth Court: *1291 The Youth Court shall have exclusive original jurisdiction in all proceedings concerning a delinquent child, a child in need of supervision, a neglected child, an abused child, or a dependent…”
Miss. Code Ann. § 43-21-151(l)(B): 1 case
Miss. Code Ann. § 43-21-151(l)(a): 1 case
Miss. Code Ann. § 43-21-151(l)(b): 1 case
Miss. Code Ann. § 43-21-151(l)(c): 1 case
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