Montana

Lower Age: None specified

Upper Age: 17


Discretionary Waiver Montana Code Sec. 41-5-203

A jurisdictional provision specifies that the youth court "has jurisdiction to...transfer a youth court case to the district court after notice and a hearing," but says nothing regarding any age or offense restrictions on this transfer authority, grounds for such a transfer, or standards that govern the decision.


Direct File Montana Code Sec. 41-5-206

If a child otherwise meets specified age/offense criteria, but was under 17 at the time of the alleged offense, the county attorney has discretion to file either (1) a delinquency petition in youth court or (2) a motion in district court asking for leave to file there. (If the child was 17 at the time of the offense, the county attorney must ask leave to file in district court; see Statutory Exclusion.) The district court must grant the county attorney leave to file there if it finds both that there is probable cause to believe the child committed the alleged offense and "that, considering the seriousness of the offense and in the interests of community protection, the case should be filed in the district court." A separate offense that "arises during the commission of" but is not one of the offenses qualifying for direct file treatment may either be tried in youth court or "transferred" [sic] to district court upon the county attorney's motion and the district court's order.


Offense Category Minimum Age Offense Detail

Murder 12/16 12—Deliberate homicide, mitigated deliberate homicide, the attempt to commit either, or accountability for the commission of either.

16—Negligent homicide, attempted negligent homicide, or accountability for negligent homicide.

Person 12/16 12—Sexual intercourse without consent.

16—Aggravated or felony assault, robbery, aggravated kidnapping; the attempt to commit any of the above offenses; accountability for any of the above offenses; use of threat or violence to coerce criminal street gang membership.

Property 16 Arson, burglary or aggravated burglary; the attempt to commit any of these offenses or accountability for any of these offenses.

Drug 16 Criminal sale, production, or manufacture of dangerous drugs; the attempt to commit any of these offenses, or accountability for any of these offenses.

Weapon 16 Possession, attempt to possess, or accountability for the possession of explosives.


Statutory Exclusion Montana Code Sec. 41-5-206

The prosecutor must petition the district court for leave to file charges against a child of at least 17 accused of various enumerated offenses. The district court must grant the county attorney leave to file there if it finds both that there is probable cause to believe the child committed the alleged offense and "that, considering the seriousness of the offense and in the interests of community protection, the case should be filed in the district court."


Offense Category Minimum Age Offense Detail

Murder 17 Deliberate homicide, mitigated deliberate homicide, the attempt to commit either, or accountability for the commission of either; negligent homicide, attempted negligent homicide, or accountability for negligent homicide.

Person 17 Aggravated or felony assault; robbery; aggravated kidnapping; the attempt to commit any of the above offenses; accountability for any of the above offenses; use of threat or violence to coerce criminal street gang membership; sexual intercourse without consent.

Property 17 Arson, burglary or aggravated burglary; the attempt to commit any of these offenses, or accountability for any of these offenses.

Drug 17 Criminal sale, production, or manufacture of dangerous drugs; the attempt to commit any of these offenses, or accountability for any of these offenses.

Weapon 17 Possession, attempt to possess, or accountability for the possession of explosives.