NC General Statutes

N.C. Gen. Stat. § 7B-1601 (2026)

Jurisdiction over delinquent juveniles

✓ current as of July 2026
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(a) The court has exclusive, original jurisdiction over any case involving a juvenile who is alleged to be delinquent. For purposes of determining jurisdiction, the age of the juvenile at the time of the alleged offense governs.

(b) When the court obtains jurisdiction over a juvenile alleged to be delinquent for an offense committed prior to the juvenile reaching the age of 16 years, jurisdiction shall continue until terminated by order of the court or until the juvenile reaches the age of 18 years, except as provided otherwise in this Article.

(b1) When the court obtains jurisdiction over a juvenile alleged to be delinquent for an offense committed while the juvenile was at least 16 years of age but less than 17 years of age, jurisdiction shall continue until terminated by order of the court or until the juvenile reaches the age of 19 years, except as provided otherwise in this Article. If the offense was committed while the juvenile was at least 17 years of age, jurisdiction shall continue until terminated by order of the court or until the juvenile reaches the age of 20 years, except as provided otherwise in this Article.

(c) When delinquency proceedings for a juvenile alleged to be delinquent for an offense committed prior to the juvenile reaching the age of 16 years cannot be concluded before the juvenile reaches the age of 18 years, the court retains jurisdiction for the sole purpose of conducting proceedings pursuant to Article 22 of this Chapter and either transferring the case to superior court for trial as an adult or dismissing the petition.

(c1) When delinquency proceedings for a juvenile alleged to be delinquent for an offense committed while the juvenile was at least 16 years of age but less than 17 years of age cannot be concluded before the juvenile reaches the age of 19 years, the court retains jurisdiction for the sole purpose of conducting proceedings pursuant to Article 22 of this Chapter and either transferring the case to superior court for trial as an adult or dismissing the petition. When delinquency proceedings for a juvenile alleged to be delinquent for an offense committed while the juvenile was at least 17 years of age cannot be concluded before the juvenile reaches the age of 20 years, the court retains jurisdiction for the sole purpose of conducting proceedings pursuant to Article 22 of this Chapter and either transferring the case to superior court for trial as an adult or dismissing the petition.

(d) When the court has not obtained jurisdiction over a juvenile before the juvenile reaches the age of 18, for a felony and any related misdemeanors the juvenile allegedly committed on or after the juvenile's thirteenth birthday and prior to the juvenile's sixteenth birthday, the court has jurisdiction for the sole purpose of conducting proceedings pursuant to Article 22 of this Chapter and either transferring the case to superior court for trial as an adult or dismissing the petition.

(d1) When the court has not obtained jurisdiction over a juvenile before the juvenile reaches the age of 19, for a felony and related misdemeanors the juvenile allegedly committed while the juvenile was at least 16 years of age but less than 17 years of age, the court has jurisdiction for the sole purpose of conducting proceedings pursuant to Article 22 of this Chapter and either transferring the case to superior court for trial as an adult or dismissing the petition. When the court has not obtained jurisdiction over a juvenile before the juvenile reaches the age of 20, for a felony and related misdemeanors the juvenile allegedly committed while the juvenile was at least 17 years of age but less than 18 years of age, the court has jurisdiction for the sole purpose of conducting proceedings pursuant to Article 22 of this Chapter and either transferring the case to superior court for trial as an adult or dismissing the petition.

(e) The court has jurisdiction over delinquent juveniles in the custody of the Division and over proceedings to determine whether a juvenile who is under the post-release supervision of the juvenile court counselor has violated the terms of the juvenile's post-release supervision.

(f) The court has jurisdiction over persons 18 years of age or older who are under the extended jurisdiction of the juvenile court.

(g) The court has jurisdiction over the parent, guardian, or custodian of a juvenile who is under the jurisdiction of the court pursuant to this section if the parent, guardian, or custodian has been served with a summons pursuant to G.S. 7B-1805. (1979, c. 815, s. 1; 1983, c. 837, s. 1; 1985, c. 459, s. 2; 1987, c. 409, s. 2; 1995, c. 328, s. 3; c. 462, s. 2; 1996, 2nd Ex. Sess., c. 18, s. 23.2(c); 1998-202, s. 6; 2000-137, s. 3; 2001-490, s. 2.2; 2011-145, s. 19.1(l); 2017-57, s. 16D.4(b); 2018-142, s. 23(b); 2021-123, s. 1(b).)

 

Notes of Decisions
Cited in 12 cases (2 in the last 5 years), 2001–2025 · leading case: State v. Collins, 783 S.E.2d 9 (N.C. Ct. App. 2016).
State v. Collins, 783 S.E.2d 9 (N.C. Ct. App. 2016). · cites it 15× “N.C. Gen. Stat. §§ 7B-1601(a), 7B-1604. It is uncontested Defendant turned sixteen years old on 14 September 2011.”
In re D.S., 694 S.E.2d 758 (N.C. 2010). · cites it 4× “Without mentioning section 7B-1601, “Jurisdiction over delinquent juveniles,” D.”
United States v. Keith Ramon Allen, Jr., 446 F.3d 522 (4th Cir. 2006). · cites it 2× “§ 7A-523(a) (1995) (emphasis added) (current version at N.C. Gen.Stat. § 7B-1601 (2005)). Thus, if Allen had been tried and convicted as a juvenile, he could have been prosecuted only in a North Carolina district court.”
State v. Pettigrew, 693 S.E.2d 698 (N.C. Ct. App. 2010). · cites it 2× “” N.C. Gen. Stat. § 7B-1601(a) (2009). If, however, a juvenile commits a criminal offense on or after the juvenile’s 16th birthday, the juvenile is subject to prosecution as an adult in superior court.”
State v. Brooks, 557 S.E.2d 195 (N.C. Ct. App. 2001). · cites it 2× “” Brooks did not become sixteen years old until 20 January 2000 and therefore, under N.C. Gen. Stat. § 7B-1601(a), original jurisdiction was properly in juvenile court.”
In Re Jsw, 711 S.E.2d 471 (N.C. Ct. App. 2011). · cites it 2× “" N.C. Gen. Stat. § 7B-1601(a) (2009). When a juvenile is committed to the Department for placement in a youth development center "for an offense that would be .”
In Re Ds, 694 S.E.2d 758 (N.C. 2010). · cites it 4× “Without mentioning section 7B-1601, "Jurisdiction over delinquent juveniles," D.”
State v. Jackson, 600 S.E.2d 16 (N.C. Ct. App. 2004). · cites it 2× “” N.C. Gen. Stat. § 7B-1601(a) (2003). See also N.”
In re J.S.W., 211 N.C. App. 620 (N.C. Ct. App. 2011). · cites it 2× “” N.C. Gen. Stat. § 7B-1601(a) (2009). When a juvenile is committed to the Department for placement in a youth development center “for an offense that would be .”
In re J.U. (N.C. 2023). · cites it 3× “” N.C.G.S. § 7B-1601(a) (2021). Generally, a delinquent juvenile is an individual under the age of eighteen but over the age of ten who “commits a crime or infraction under State law or under an ordinance of local government.”
In re J.D. (N.C. 2020). · cites it 3× “N.C.G.S. § 7B-1601(b) (2019). 4 While his appeal was pending before this Court, Jeremy turned eighteen years old and filed a motion to dismiss this appeal.”
In re: D.H. (N.C. Ct. App. 2025). · cites it 3× “N.C.G.S. § 7B-1601(b) (2023). Disposition orders are not automatic terminations of subject matter jurisdiction.”
— N.C. Gen. Stat. § 7B-1601(a) — 9 cases
State v. Collins, 783 S.E.2d 9 (N.C. Ct. App. 2016). “N.C. Gen. Stat. §§ 7B-1601(a), 7B-1604. It is uncontested Defendant turned sixteen years old on 14 September 2011.”
State v. Pettigrew, 693 S.E.2d 698 (N.C. Ct. App. 2010). “” N.C. Gen. Stat. § 7B-1601(a) (2009). If, however, a juvenile commits a criminal offense on or after the juvenile’s 16th birthday, the juvenile is subject to prosecution as an adult in superior court.”
In re D.S., 694 S.E.2d 758 (N.C. 2010). “Without mentioning section 7B-1601, “Jurisdiction over delinquent juveniles,” D.”
State v. Brooks, 557 S.E.2d 195 (N.C. Ct. App. 2001). “” Brooks did not become sixteen years old until 20 January 2000 and therefore, under N.C. Gen. Stat. § 7B-1601(a), original jurisdiction was properly in juvenile court.”
In Re Jsw, 711 S.E.2d 471 (N.C. Ct. App. 2011). “" N.C. Gen. Stat. § 7B-1601(a) (2009). When a juvenile is committed to the Department for placement in a youth development center "for an offense that would be .”
— N.C. Gen. Stat. § 7B-1601(b) — 2 cases
In re J.D. (N.C. 2020). “N.C.G.S. § 7B-1601(b) (2019). 4 While his appeal was pending before this Court, Jeremy turned eighteen years old and filed a motion to dismiss this appeal.”
In re: D.H. (N.C. Ct. App. 2025). “N.C.G.S. § 7B-1601(b) (2023). Disposition orders are not automatic terminations of subject matter jurisdiction.”
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