(a) Any juvenile, including a juvenile who is under the jurisdiction of the court, who commits a criminal offense on or after the juvenile has reached the age of 18 years is subject to prosecution as an adult. A juvenile who is emancipated shall be prosecuted as an adult for the commission of a criminal offense.
(b) A juvenile shall be prosecuted as an adult for any criminal offense the juvenile commits after a district or superior court conviction if either of the following applies:
(1) The juvenile has previously been transferred to and convicted in superior court.
(2) The juvenile has previously been convicted in either district or superior court for a felony or a misdemeanor. Violations of the motor vehicle laws punishable as a misdemeanor or infraction shall not be considered a conviction for the purposes of this subsection unless the conviction is for an offense involving impaired driving as defined by G.S. 20-4.01(24a). (1979, c. 815, s. 1; 1981, c. 469, s. 4; 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; 2017-57, s. 16D.4(c); 2018-142, s. 23(b); 2019-186, s. 2.)
Notes of Decisions
Cited in
5
cases (
2 in the last 5 years), 2001–2021 · 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 8× “2d 698, 704 (citing N.C. Gen. Stat. § 7B-1604), appeal dismissed, 364 N.”
State v. Pettigrew, 693 S.E.2d 698 (N.C. Ct. App. 2010).
· cites it 4× “See N.C. Gen. Stat. § 7B-1604 (2009). As stated supra, the superseding indictment alleged that Defendant committed the charged offenses “on or about” 1 February 2001 through 20 November 2001.”
State v. Smarr, 551 S.E.2d 881 (N.C. Ct. App. 2001).
· cites it 2× “” N.C. Gen. Stat. § 7B-1604(a) (1999). Furthermore, N.”
State v. Garrett (N.C. Ct. App. 2021).
· cites it 18× “¶3 On 24 October 2016, Defendant was charged in Mecklenburg County Superior Court as an adult pursuant to the then effective version of N.C.G.S. § 7B-1604(a) with felonious breaking or entering and larceny after breaking or entering, both Class H felonies.”
State v. Garrett (N.C. Ct. App. 2021).
· cites it 18× “¶3 On 24 October 2016, Defendant was charged in Mecklenburg County Superior Court as an adult pursuant to the then effective version of N.C.G.S. § 7B-1604(a) with felonious breaking or entering and larceny after breaking or entering, both Class H felonies.”
— N.C. Gen. Stat. § 7B-1604(a) — 5 cases
State v. Collins, 783 S.E.2d 9 (N.C. Ct. App. 2016).
“2d 698, 704 (citing N.C. Gen. Stat. § 7B-1604), appeal dismissed, 364 N.”
State v. Smarr, 551 S.E.2d 881 (N.C. Ct. App. 2001).
“” N.C. Gen. Stat. § 7B-1604(a) (1999). Furthermore, N.”
State v. Pettigrew, 693 S.E.2d 698 (N.C. Ct. App. 2010).
“See N.C. Gen. Stat. § 7B-1604 (2009). As stated supra, the superseding indictment alleged that Defendant committed the charged offenses “on or about” 1 February 2001 through 20 November 2001.”
State v. Garrett (N.C. Ct. App. 2021).
“¶3 On 24 October 2016, Defendant was charged in Mecklenburg County Superior Court as an adult pursuant to the then effective version of N.C.G.S. § 7B-1604(a) with felonious breaking or entering and larceny after breaking or entering, both Class H felonies.”
State v. Garrett (N.C. Ct. App. 2021).
“¶3 On 24 October 2016, Defendant was charged in Mecklenburg County Superior Court as an adult pursuant to the then effective version of N.C.G.S. § 7B-1604(a) with felonious breaking or entering and larceny after breaking or entering, both Class H felonies.”
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