| Minnesota |
| Lower Age: | 10 |
| Upper Age: | 17 |
| Discretionary Waiver | Minn. Statutes Sec. 260.125 |
| On motion of the prosecutor in the case of a child of at least 14 accused of a felony, the juvenile court may, after a hearing, certify the proceeding for adult criminal prosecution if it finds (1) probable cause to believe that the child committed the offense alleged and (2) that the prosecutor has shown by clear and convincing evidence that the public safety would not be served by retaining the proceeding in juvenile court. (Note—The "clear and convincing" standard does not apply to certain age/offense categories; see Presumptive Waiver.) The law specifies various factors that must be considered in making the public safety determination, but requires that two be given greater weight than the others: the seriousness of the offense and the child's prior record. Whether the court decides for or against certification, it must issue written findings in support of its decision. |
| Offense Category | Minimum Age | Offense Detail |
| Certain Felonies | 14 | Any felony. |
| Presumptive Waiver | Minn. Statutes Sec. 260.125 |
| If a child of at least 16 is accused of (1) an offense that would result in a presumptive commitment to prison under applicable laws and sentencing guidelines or (2) a felony committed with a firearm, there is a presumption that certification for trial as an adult is appropriate. In such a case, if the court finds probable cause to believe that the child committed the offense alleged, the child has the burden of showing by clear and convincing evidence that the public safety would be served by retaining the case in juvenile court. If the court decides to order certification, it need not issue written findings regarding the public safety determination. However, if it decides not to certify in such a case, it must designate the proceeding an extended jurisdiction juvenile prosecution and include in its decision written findings to support its determination with regard to public safety. |
| Offense Category | Minimum Age | Offense Detail |
| Certain Felonies | 16 | A felony committed while using a firearm, or any offense that would result in a presumptive commitment to prison under applicable laws and sentencing guidelines. |
| Statutory Exclusion | Minn. Statutes Sec. 260.015 |
| The term "delinquent child" does not include a child of at least 16 who is accused of first degree murder. |
| Offense Category | Minimum Age | Offense Detail |
| Murder | 16 | First degree murder. |
| Once an Adult, Always | Minn. Statutes Sec. 260.125 |
| The juvenile court must order certification for trial as an adult in any case in which the prosecutor shows that a child accused of a felony was (1) previously certified and (2) thereafter convicted, either of the offense for which he was certified or of a lesser included offense that itself constituted a felony. |