Juveniles Tried as Adults |
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Q: |
What is the youngest age that a minor can be transferred to criminal court for trial as an adult? |
A: |
In 2014, there were 22 States plus the District of Columbia that had at least one provision for transferring minors to criminal court for which no minimum age was specified. |
Minimum transfer age specified in statute, 2014
State |
None specified |
Age 10 |
Age 12 |
Age 13 |
Age 14 |
Age 15 |
Number of states |
23 |
2 |
3 |
6 |
16 |
1 |
Alabama |
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Alaska |
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Arizona |
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Arkansas |
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California |
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Colorado |
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Connecticut |
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Delaware |
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District of Columbia |
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Florida |
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Georgia |
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Hawaii |
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Idaho |
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Illinois |
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Indiana |
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Iowa |
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Kansas |
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Kentucky |
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Louisiana |
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Maine |
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Maryland |
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Massachusetts |
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Michigan |
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Minnesota |
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Mississippi |
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Missouri |
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Montana |
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Nebraska |
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Nevada |
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New Hampshire |
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New Jersey |
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New Mexico |
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New York |
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North Carolina |
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North Dakota |
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Ohio |
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Oklahoma |
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Oregon |
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Pennsylvania |
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Rhode Island |
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South Carolina |
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South Dakota |
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Tennessee |
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Texas |
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Utah |
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Vermont |
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Virginia |
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Washington |
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West Virginia |
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Wisconsin |
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Wyoming |
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Note: Table information is as of the end of the 2014 legislative session.
[ Map version ]
- The youngest age a minor can be tried as an adult usually aligns with the minimum age a minor could be adjudicated delinquent and the "minimum age of criminal responsibility" found in penal codes. Case law, including common law, may also set a youngest age, depending on the state.
- When a youngest age is not specified, legislatures may intend an age lower than a child could be adjudicated delinquent. For example, the lowest age a minor can be adjudicated delinquent is age 10 in Pennsylvania, but since murder is specifically excluded from the definition of a delinquent act, murder charges at any age would start in (adult) criminal court.
Internet citation: OJJDP Statistical Briefing Book. Online. Available: https://www.ojjdp.gov/ojstatbb/structure_process/qa04105.asp?qaDate=2014.
Released on October 01, 2015.
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