Wisconsin Statutes
Wis. Stat. § 938.12 (2026)
Jurisdiction over juveniles alleged to be delinquent
✓ current as of July 2026
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938.12(1)(1) In general. The court has exclusive jurisdiction, except as provided in ss. 938.17, 938.18, and 938.183, over any juvenile 10 years of age or older who is alleged to be delinquent.
938.12(2)(2) Seventeen-year-olds. If a petition alleging that a juvenile is delinquent is filed before the juvenile is 17 years of age, but the juvenile becomes 17 years of age before admitting the facts of the petition at the plea hearing or if the juvenile denies the facts, before an adjudication, the court retains jurisdiction over the case.
938.12 AnnotationThe state may not delay in charging a child in order to avoid juvenile court jurisdiction. State v. Becker, 74 Wis. 2d 675, 247 N.W.2d 495 (1976).
938.12 AnnotationNotwithstanding s. 48.13 (12), 1979 Stats., the court had jurisdiction under s. 48.12 (1), 1979 Stats., over a child who committed a delinquent act before his 12th birthday but was charged after his 12th birthday. In Matter of D.V., 100 Wis. 2d 363, 302 N.W.2d 64 (Ct. App. 1981).
938.12 AnnotationUnder the facts of the case, the court retained jurisdiction to determine waiver although the juvenile turned 18 after the proceedings were commenced. In Interest of TDP, 109 Wis. 2d 495, 326 N.W.2d 741 (1982).
938.12 AnnotationA contempt of court allegation did not support a determination of delinquency. In Interest of V.G., 111 Wis. 2d 647, 331 N.W.2d 632 (Ct. App. 1983).
938.12 AnnotationA prior adult proceeding that litigated the question of the respondent’s age collaterally estopped the state from relitigating the same question in juvenile court, and the juvenile court had subject matter jurisdiction of the case. In Interest of H.N.T., 125 Wis. 2d 242, 371 N.W.2d 395 (Ct. App. 1985).
938.12 AnnotationJuvenile court proceedings are commenced under sub. (2) upon filing the petition. The child need not appear in juvenile court before reaching age 18 for the court to retain jurisdiction. In Interest of D.W.B., 158 Wis. 2d 398, 462 N.W.2d 520 (1990).
938.12 AnnotationWhen a juvenile turns 18 during the pendency of proceedings, the filing of a waiver petition prior to a plea hearing is not required for waiver of jurisdiction under sub. (2). In Interest of K.A.P., 159 Wis. 2d 384, 464 N.W.2d 106 (Ct. App. 1990).
938.12 AnnotationThe age of the defendant at the time of charging determines juvenile court jurisdiction regardless of the defendant’s age at the time of the offense. State v. Annola, 168 Wis. 2d 453, 484 N.W.2d 138 (1992).
938.12 AnnotationWisconsin courts have jurisdiction over resident juveniles alleged to be delinquent because they violated another state’s criminal laws. 70 Atty. Gen. 143.
938.12 AnnotationGreater Jurisdiction Discretion. Schneider & Harrison. Wis. Law. Apr. 1996.
938.12 NoteNOTE: The above annotations cite to s. 48.12, the predecessor statute to s. 938.12.
938.12 AnnotationA defendant is not entitled to an evidentiary hearing as a matter of right whenever there is a mere allegation that the state intentionally “manipulated the system” to avoid juvenile court jurisdiction. The standard for determining when a hearing should be granted is articulated. State v. Velez, 224 Wis. 2d 1, 589 N.W.2d 9 (1999), 96-2430.
938.12 AnnotationThe state does not have jurisdiction over delinquent acts committed by Menominee tribal members within reservation boundaries, but does have jurisdiction over acts committed off the reservation. State v. Elmer J.K., 224 Wis. 2d 372, 591 N.W.2d 176 (Ct. App. 1999), 98-2067.
938.12 AnnotationAfter the filing of a delinquency petition, a juvenile court may waive its jurisdiction over juveniles of certain ages who have been charged with certain crimes. The juvenile’s age on the date of the alleged offense mandates whether the juvenile court has competency to consider waiver. An order is not valid when issued by a court that lacks competency due to the failure to follow fundamental statutory requirements. In this case, where the juvenile was below the age for waiver, the waiver order by the juvenile court was invalid and the adult court never obtained jurisdiction. State v. Phillips, 2014 WI App 3, 352 Wis. 2d 493, 842 N.W.2d 504, 12-2103.
938.12 AnnotationAge limits on criminal, juvenile delinquency, and juvenile in need of protection or services (JIPS) matters both define and restrict how a circuit court may address the specific case before the court, and not whether a circuit court can hear criminal, juvenile delinquency, or JIPS matters generally. Therefore, age limits are an issue of statutory competency, rather than subject matter jurisdiction. Unlike challenges to subject matter jurisdiction, challenges to statutory competency may be forfeited or waived. State v. Sanders, 2018 WI 51, 381 Wis. 2d 522, 912 N.W.2d 16, 15-2328.
938.12 AnnotationA defendant’s age at the time he or she is charged, not the defendant’s age at the time he or she commits the underlying conduct, determines whether the circuit court has statutory competency to hear the case as a criminal, juvenile delinquency, or juvenile in need of protection or services matter. Consequently, the circuit court in this case possessed statutory competency to hear the defendant’s case as a criminal matter because the defendant was an adult at the time he was charged for conduct he committed before his tenth birthday. State v. Sanders, 2018 WI 51, 381 Wis. 2d 522, 912 N.W.2d 16, 15-2328.
Notes of Decisions
Cited in 22
cases (5 in the last 5 years), 1998–2026 · leading case: State v. Shaun M. Sanders, 912 N.W.2d 16 (Wis. 2018).
State v. Shaun M. Sanders, 912 N.W.2d 16 (Wis. 2018). “Wis. Stat. § 938.12 (1). A juvenile adjudged delinquent may be subject to, inter alia, placement in a juvenile correctional facility or juvenile portion of a county jail, forfeiture, suspension of driving privileges, counseling, supervision, electronic monitoring, restitution,…”
State v. Sanders, 2017 WI App 22 (Wis. Ct. App. 2017). “" In support, he first cites to Wis. Stat. § 938.12 (1), which provides: "The [juvenile] court has exclusive jurisdiction .”
State v. Kleser, 2010 WI 88 (Wis. 2010). “See Wis. Stat. § 938.12 (2). However, we do not see the juvenile court's authority to issue a dispositional order after the juvenile turns 18, as the statute repeatedly uses the phrase "made before the juvenile attains 18 years of age.”
State v. A.L. (In re Interest of A.L.), 923 N.W.2d 827 (Wis. 2019). “12(2) provides: If a petition alleging that a juvenile is delinquent is filed before the juvenile is 17 years of age, but the juvenile becomes 17 years of age before admitting the facts of the petition at the plea hearing or if the juvenile denies the facts, before an…”
State v. X.S., 2022 WI 49 (Wis. 2022). “" Wis. Stat. § 938.12 (1). In Wisconsin, a "'juvenile' .”
State v. Jackson, 2011 WI App 63 (Wis. Ct. App. 2011). “183 (am), but juvenile courts have original jurisdiction over juveniles who are charged with recklessly endangering safety while armed, Wis. Stat. § 938.12 (1). So, if Jackson had been charged initially with recklessly endangering safety while armed, the case would have started…”
State v. Aufderhaar, 2005 WI 108 (Wis. 2005). “Additionally, because the juvenile proceeding commenced before *357 Aufderhaar turned seventeen years old, Wis. Stat. § 938.12 (2); D.W.B. v. State, 158 Wis.”
State v. Cortez Lorenzo Toliver, 2014 WI 85 (Wis. 2014). “§ 938.12 (1). However, adult courts "have exclusive original jurisdiction over" the crimes enumerated in Wis.”
State v. Hezzie R., 580 N.W.2d 660 (Wis. 1998). “§§ 938.12 and 938.13(12) respectively set forth jurisdiction over juveniles alleged to be delinquent and juveniles alleged to be in need of protection or services who have committed a delinquent act.”
State v. Phillips, 2014 WI App 3 (Wis. Ct. App. 2013). “We cannot accept the State's argument as it relies on inapplicable authority and contradicts the plain language of Wis. Stat. § 938.12 (2), which states that the juvenile court retains jurisdiction over ongoing cases where a delinquency petition is filed when the alleged…”
State v. Hinkle, 921 N.W.2d 219 (Wis. Ct. App. 2018). “§ 938.12(1). There are, however, statutory exceptions that allow a juvenile to be charged in criminal court.”
State v. Bergwin, 2010 WI App 137 (Wis. Ct. App. 2010). “Wis. Stat. § 938.12 (1). 2 For prosecution purposes, a "juvenile" is any person under the age of seventeen at the time the criminal complaint is filed.”
— Wis. Stat. § 938.12(1) — 4 cases
State v. Sanders, 2017 WI App 22 (Wis. Ct. App. 2017). “" In support, he first cites to Wis. Stat. § 938.12 (1), which provides: "The [juvenile] court has exclusive jurisdiction .”
State v. Hinkle, 921 N.W.2d 219 (Wis. Ct. App. 2018). “§ 938.12(1). There are, however, statutory exceptions that allow a juvenile to be charged in criminal court.”
State v. Matthew C. Hinkle (Wis. 2019).
State v. A. A. (Wis. Ct. App. 2025).
— Wis. Stat. § 938.12(2) — 4 cases
State v. A.L. (In re Interest of A.L.), 923 N.W.2d 827 (Wis. 2019). “12(2) provides: If a petition alleging that a juvenile is delinquent is filed before the juvenile is 17 years of age, but the juvenile becomes 17 years of age before admitting the facts of the petition at the plea hearing or if the juvenile denies the facts, before an…”
State v. Phillips, 2014 WI App 3 (Wis. Ct. App. 2013). “We cannot accept the State's argument as it relies on inapplicable authority and contradicts the plain language of Wis. Stat. § 938.12 (2), which states that the juvenile court retains jurisdiction over ongoing cases where a delinquency petition is filed when the alleged…”
State v. A. L. (Wis. 2019).
State v. M.D.M. (Wis. Ct. App. 2021).
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