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 | 12Deliberate homicide, mitigated deliberate homicide, the attempt to commit either, or accountability for the commission of either. |
16Negligent homicide, attempted negligent homicide, or accountability for negligent homicide. |
Person | 12/16 | 12Sexual intercourse without consent. |
16Aggravated 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. |