Indiana § 31-30-3-5 - Waiver of jurisdiction for certain acts; exceptions
Full text of Indiana Indiana Code § 31-30-3-5 — Waiver of jurisdiction for certain acts; exceptions, with citation guidance and answers to common questions.
§ 31-30-3-5. Waiver of jurisdiction for certain acts; exceptions
Sec. 5. Except for those cases in which the juvenile court has no jurisdiction in accordance with IC 31-30-1-4, the court shall, upon motion of the prosecuting attorney and after full investigation and hearing, waive jurisdiction if it finds that:
(1) the child is charged with an act that, if committed by an adult, would be:
(A) a Level 1 felony, Level 2 felony, Level 3 felony, or Level 4 felony, except a felony defined by IC 35-48-4;
(B) involuntary manslaughter as a Level 5 felony under IC 35-42-1-4;
(C) reckless homicide as a Level 5 felony under IC 35-42-1-5;
(D) unlawful carrying of a handgun as a felony under IC 35-47-2-1.5; or
(E) dangerous possession of a firearm as a felony under IC 35-47-10;
(2) there is probable cause to believe that the child has committed the act; and
(3) the child was at least sixteen (16) years of age when the act charged was allegedly committed;
unless it would be in the best interests of the child and of the safety and welfare of the community for the child to remain within the juvenile justice system.
[Pre-1997 Recodification Citation: 31-6-2-4(e).]
As added by P.L.1-1997, SEC.13. Amended by P.L.158-2013, SEC.316; P.L.148-2024, SEC.16; P.L.158-2026, SEC.26.
Source: official Indiana text · Last verified 2026-08-27
Frequently Asked Questions About Indiana § 31-30-3-5
What does Indiana Code § 31-30-3-5 cover?
Section 31-30-3-5 ("Waiver of jurisdiction for certain acts; exceptions") is part of the Indiana Code, the codified statutory law of Indiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Indiana § 31-30-3-5?
A common citation format is "Indiana Code § 31-30-3-5" (Indiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Indiana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Indiana official source linked on this page or consult a licensed Indiana attorney.
How does Indiana § 31-30-3-5 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Indiana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Indiana.