Idaho State Statutes - Idaho Attorney Directory

CRIMINAL TRIAL OF JUVENILES BARRED -- EXCEPTIONS --
JURISDICTIONAL HEARING -- TRANSFER OF DEFENDANT TO DISTRICT COURT. (1) A
person shall not be tried for or convicted of an offense if:
(a) At the time of the conduct charged to constitute the offense he was
less than fourteen (14) years of age; or
(b) At the time of the conduct charged to constitute the offense he was
less than eighteen (18) but not less than fourteen (14) years of age,
unless:
1. A court of this state has no jurisdiction over him pursuant to
chapter 5, title 20, Idaho Code, or
2. The court having jurisdiction pursuant to chapter 5, title 20,
Idaho Code, has entered an order waiving jurisdiction and consenting
to the institution of criminal proceedings against him.
(2) No court shall have jurisdiction to try or convict a person of an
offense if criminal proceedings against him are barred by subsection (1) of
this section. When it appears that a person charged with the commission of an
offense may be of such an age that criminal proceedings may be barred under
subsection (1) of this section, the court shall hold a hearing thereon, and
the burden shall be on the prosecution to establish to the satisfaction of the
court that the criminal proceeding is not barred upon such grounds. If the
court determines that the proceeding is barred, custody of the person charged
shall be surrendered to the court having jurisdiction pursuant to chapter 5,
title 20, Idaho Code, and the case, including all papers and processes
relating thereto, shall be transferred.

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