| Louisiana |
| Lower Age: | 10 |
| Upper Age: | 16 |
| Discretionary Waiver | La. Children's Code, Tit. III, Ch. 4, Art. 857 |
| A child who was at least 14 at the time of committing various listed offenses but is not otherwise subject to the original jurisdiction of the criminal court may be transferred following a hearing, either on the district attorney's or the court's own motion. (The law does not specify grounds for such a transfer or factors to be considered.) |
| Offense Category | Minimum Age | Offense Detail |
| Murder | 14 | First or second degree murder. |
| Person | 14 | Aggravated kidnapping, aggravated rape, aggravated battery involving discharge of a gun, armed robbery committed with a gun, aggravated oral sexual battery, and forcible rape committed upon a child at least 2 years younger than the rapist. |
| Mandatory Waiver | La. Children's Code, Tit. III, Ch. 4, Art. 305 |
| If a child is accused of first or second degree murder, aggravated rape or aggravated kidnapping, and was at least 15 at the time of commission, but has not been indicted, the juvenile court has jurisdiction only until it determines, at a "continued custody hearing," that there is probable cause to believe the child committed the offense. Thereafter, the child is subject to the exclusive jurisdiction of the adult criminal court. The adult court's jurisdiction encompasses both the charged offenses and any lesser included offenses of which the child might be convicted. (For an alternative treatment of the same category of cases, see Statutory Exclusion.) |
| Offense Category | Minimum Age | Offense Detail |
| Murder | 15 | First or second degree murder. |
| Person | 15 | Aggravated rape, aggravated kidnapping. |
| Direct File | La. Children's Code, Tit. III, Ch. 4, Art. 305 |
| If the case meets specified age/offense criteria, the district attorney may choose between (1) obtaining a grand jury indictment against the child, which bypasses the juvenile court altogether; (2) filing criminal charges without first securing a grand jury indictment, in which case the juvenile court's only involvement with the case will be to determine whether there is probable cause to believe that the child committed the offense; or (3) filing a delinquency petition, in which case jurisdiction remains in the juvenile court. |
| Offense Category | Minimum Age | Offense Detail |
| Murder | 15 | Attempted first degree murder, attempted second degree murder, manslaughter. |
| Person | 15 | Armed robbery, simple or forcible rape, second degree kidnapping, aggravated oral sexual battery, aggravated battery committed with a firearm, a second or subsequent aggravated battery. |
| Property | 15 | Aggravated burglary, a second or subsequent burglary of an inhabited dwelling. |
| Drug | 15 | A second or subsequent felony-grade violation of listed statutes governing controlled dangerous substances. |
| Statutory Exclusion | La. Children's Code, Tit. III, Ch. 4, Art. 305 |
| The case of a child who has been indicted for first or second degree murder, aggravated rape or aggravated kidnapping, and was at least 15 at the time of commission, is under the exclusive jurisdiction of the adult criminal court. The adult court's jurisdiction encompasses both the charged offenses and any lesser included offenses of which the child might be convicted. (Note—In other words, if the district attorney bypasses juvenile court and seeks an indictment from a grand jury in such a case, then no juvenile court hearing to determine probable cause need be held, and the child is treated as an adult from the moment the indictment is returned. For the alternative scenario, see Mandatory Waiver.) |
| Offense Category | Minimum Age | Offense Detail |
| Murder | 15 | First or second degree murder. |
| Person | 15 | Aggravated rape, aggravated kidnapping. |