(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.
‹ Prev All Idaho sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.