Pennsylvania

Lower Age: 10

Upper Age: 17


Discretionary Waiver 42 Pa. C. S. Sec. 6355

When a child of at least 14 is accused of a felony, the juvenile court, after a hearing, may transfer the case for criminal prosecution if it finds that (1) there is a prima facie case that the child committed the offense alleged and (2) there are "reasonable grounds to believe" that (a) "the public interest is served" by the transfer and (b) the child is not subject to commitment to a mental institution. The law specifies a number of factors that must be considered in making the public interest determination— including the child's amenability to treatment, supervision, and rehabilitation, which must in turn be determined with reference to a long list of subfactors. Except under certain special circumstances (see Presumptive Waiver), the Commonwealth has the burden of establishing by a preponderance of the evidence that the public interest would be served by a transfer and that the child is not amenable to treatment, supervision, and rehabilitation. The court's decision to grant or deny a transfer is not immediately appealable.


Offense Category Minimum Age Offense Detail

Certain Felonies 14 Any felony.


Presumptive Waiver 42 Pa. C. S. Sec. 6355(g)

The burden of establishing by a preponderance of the evidence that the public interest would not be served by a transfer and that the child is amenable to treatment, supervision, and rehabilitation rests with the child rather than the Commonwealth where a prima facie case is made out that (1) a child of at least 14 used a deadly weapon in the commission of a felony or (2) a child of at least 15 committed any offense that would be excluded from the definition of "delinquent act" (see Statutory Exclusion) if it had been committed with a deadly weapon.


Offense Category Minimum Age Offense Detail

Certain Felonies 14 Any felony in which a deadly weapon was used.

Murder 15 Attempted murder; voluntary manslaughter or the attempt, conspiracy, or solicitation to commit it.

Person 15 Rape, involuntary deviate sexual intercourse, aggravated assault, robbery, robbery of a motor vehicle, aggravated indecent assault, kidnapping, or any attempt, conspiracy, or solicitation to commit any of these offenses.


Statutory Exclusion 42 Pa. C. S. Sec. 6302

The definition of the term "delinquent act" excludes the crime of murder as well as a number of other offenses meeting age/offense/prior record criteria.


Offense Category Minimum Age Offense Detail

Murder None None specified—Murder.

15—Voluntary manslaughter or the attempt, conspiracy, or solicitation to commit murder or voluntary manslaughter, if (1) a deadly weapon was used or (2) the child was previously adjudicated delinquent for rape, involuntary deviate sexual intercourse, robbery, robbery of a motor vehicle, aggravated indecent assault, kidnapping, voluntary manslaughter, or any attempt, conspiracy, or solicitation to commit murder or any of these offenses.

Person 15 Rape, involuntary deviate sexual intercourse, aggravated assault, robbery, robbery of a motor vehicle, aggravated indecent assault, kidnapping, or any attempt, conspiracy, or solicitation to commit any of these offenses if a deadly weapon was used; also any of the above offenses (except aggravated assault) if committed by a child who was previously adjudicated delinquent for one of the same offenses, or for voluntary manslaughter or the attempt, conspiracy, or solicitation to commit murder or voluntary manslaughter.


Reverse Waiver 42 Pa. C. S. Sec. 6322

If a child accused of an excluded offense (see Statutory Exclusion) files a petition requesting a transfer from criminal to juvenile court and establishes by a preponderance of the evidence that a transfer will serve the public interest, the court may order such a transfer. The court must make the transfer determination after considering the same factors that bear on a juvenile court's decision to transfer a case for criminal prosecution (see Discretionary Waiver). Any transfer order must be supported by "specific references to the evidence," and is subject to expedited appellate review. Once a case has been transferred from adult criminal court, the juvenile court may not retransfer it to adult court.


Once an Adult, Always 42 Pa. C. S. Sec. 6302

The term "delinquent act" does not include a crime committed by a child who has been found guilty in a criminal proceeding of anything other than a summary offense.