North Dakota

Lower Age: None specified

Upper Age: 17


Discretionary Waiver N.D. Century Code Sec. 27-20-34

After notice and a hearing, the juvenile court must transfer a case meeting age/offense criteria to adult court if it determines that there are reasonable grounds to believe that (1) the child committed the delinquent act alleged; (2) the child is not amenable to treatment or rehabilitation through available juvenile programs; (3) the child is not treatable in a mental institution; and (4) the community interest requires that the child be placed under legal restraint. In addition, in the case of a 14- or 15-year-old, the court must find that (5) the child committed a delinquent act involving the infliction or threat of serious bodily harm. The law specifies various factors to be considered in making the determination regarding amenability to treatment and rehabilitation. (Note—In cases involving certain specified violent offenses and felonies committed by repeat offenders, the child carries the burden of proof on the amenability issue; see Presumptive Waiver.)


Offense Category Minimum Age Offense Detail

Any Criminal 16 Any delinquent act.

Person 14 Any delinquent act involving the infliction or threat of serious bodily harm.


Presumptive Waiver N.D. Century Code Sec. 27-20-34

At a transfer hearing, the burden of proof on amenability to treatment or rehabilitation as a juvenile rests with any child who (1) is accused of various listed offenses or (2) is accused of any felony and has two or more previous felony adjudications.


Offense Category Minimum Age Offense Detail

Certain Felonies 14 Any felony committed by a child with at least 2 previous felony adjudications.

Murder 14 Manslaughter.

Person 14 Aggravated assault, robbery, arson involving an inhabited structure, escape involving the use of a dangerous weapon.


Mandatory Waiver N.D. Century Code Sec. 27-20-34

The juvenile court must transfer a case to adult court if (1) the child is at least 16 and requests the transfer or (2) the court finds probable cause that a child of at least 14 committed any of various listed offenses.


Offense Category Minimum Age Offense Detail

Murder 14 Murder or attempted murder.

Person 14 Gross sexual imposition or attempted gross sexual imposition by force or the threat of death, serious injury or kidnapping.

Drug 14 Manufacture, delivery, or possession with intent to manufacture or deliver a controlled substance (with exceptions for less than a pound of marijuana and certain gratuitous deliveries).


Once an Adult, Always N.D. Century Code Sec. 27-20-34(4)

A transfer (except one requested by the child) that is followed by a criminal conviction for the offense giving rise to the transfer terminates the juvenile court's jurisdiction over the child with respect to any future offense.