New Jersey

Lower Age: None specified

Upper Age: 17


Discretionary Waiver NJS Sec. 2A:4A-26

On motion of the prosecutor, the juvenile court may waive jurisdiction over a child of at least 14 who meets statutory offense/record criteria, if it finds (1) that there is probable cause to believe the child committed the alleged offense and (2) that the State has proven "that the nature and circumstances of the charge or the prior record of the juvenile are sufficiently serious that the interests of the public require waiver." Whether the court grants or denies the motion, it must state its reasons in writing. If the motion is granted, the order referring the case for adult prosecution covers not only the main offense but all other offenses arising out of or related to the same transaction.


Offense Category Minimum Age Offense Detail

Any Criminal 14 Any crime committed by a person previously adjudicated delinquent for/convicted of any of a number of listed offenses (criminal homicide other than death by auto, strict liability for a drug-induced death, first degree robbery, aggravated sexual assault, sexual assault, second degree aggravated assault, kidnapping, or aggravated arson); any crime commited by a person previously confined in an adult penal institution; any crime that is part of a continuing criminal activity in concert with at least two others where circumstances indicate that the offender "knowingly devoted himself to criminal activity as a source of livelihood."

Murder 14 Death by auto if the child was driving under the influence.

Person 14 Any offense against the person committed in an aggressive, violent, and willful manner, or any attempt or conspiracy to commit any such offense.

Property 14 Arson; any attempt or conspiracy to commit arson; auto theft.

Weapon 14 Unlawful possession of a firearm, destructive device, or other prohibited weapon, or any attempt or conspiracy to possess such a weapon.


Presumptive Waiver NJS Sec. 2A:4A-26(a)(3)

In a waiver hearing involving a child meeting age/offense criteria for presumptive waiver, the State need not make a showing that the public interest requires a waiver; the court need only find probable cause in order to waive jurisdiction. However, even in such a case, if the child "can show that the probability of his rehabilitation by the use of the procedures, services and facilities available to the court prior to...reaching the age of 19 substantially outweighs the reasons for waiver, waiver shall not be granted."


Offense Category Minimum Age Offense Detail

Murder 14 Criminal homicide other than death by auto, strict liability for a drug-induced death, or any attempt or conspiracy to commit these offenses.

Person 14 First degree robbery, aggravated sexual assault, sexual assault, second degree aggravated assault, kidnapping, or any attempt or conspiracy to commit these offenses.

Property 14 Aggravated arson or any attempt or conspiracy to commit aggravated arson.

Drug 14 Distribution of controlled substances for pecuniary gain while on or near school property or on a school bus, or any attempt or conspiracy to commit this offense.