| Washington |
| Lower Age: | None specified |
| Upper Age: | 17 |
| Discretionary Waiver | RCW Sec. 13.40.110 |
| Following a "decline hearing" held at the request of either party or on its own motion, the juvenile court may order the case of any child transferred for adult criminal prosecution, if it finds that the transfer "would be in the best interest of the juvenile or the public." However, in certain categories of cases the juvenile court must at least hold a decline hearing to consider a transfer, unless the parties, their counsel, and the court all affirmatively waive it: (1) where a child of at least 15 is accused of a class A felony or an attempt, solicitation, or conspiracy to commit a class A felony; (2) where a child of at least 17 is accused of second degree assault, first degree extortion, indecent liberties, second degree child molestation, second degree kidnapping, or second degree robbery; and (3) where a child serving a minimum juvenile sentence to age 21 is accused of escape. |
| Offense Category | Minimum Age | Offense Detail |
| Any Criminal | None specified | Any criminal offense. |
| Statutory Exclusion | RCW Sec. 13.04.030 |
| Adult criminal court is given exclusive original jurisdiction over cases involving specified age/offense categories. In those categories requiring that the accused have a specified "criminal history," an alleged offense is included in a child's criminal history if (1) a court found the allegation in the criminal complaint to be correct or (2) the complaint was diverted by agreement after the child was advised that the complaint would be considered part of his criminal history. In the case of a challenge, the State must establish the child's criminal history by a preponderance of the evidence, but the State need not prove that a guilty plea was entered knowingly and voluntarily. |
| Offense Category | Minimum Age | Offense Detail |
| Murder | 16 | First and second degree murder, homicide by abuse, first degree manslaughter, and any attempt, criminal solicitation, or criminal conspiracy to commit any of these offenses; specified forms of vehicular homicide and second degree manslaughter committed by a person with a specified criminal history (at least one prior "serious violent" offense, at least two prior "violent" offenses, or some combination of at least three prior class A felony, class B felony, vehicular assault, or second degree manslaughter offenses, all committed after the child's 13th birthday and separately prosecuted). |
| Person | 16 | (1) First degree assault, first degree assault of a child, first degree kidnapping, first degree rape, or any attempt, criminal solicitation, or criminal conspiracy to commit any of these offenses. (2) First degree robbery, first degree child rape, or drive-by shooting. (3) Any "violent offense" (any class A felony, or any attempt, solicitation, or conspiracy to commit a class A felony; forcible indecent liberties; second degree kidnapping; second degree assault; second degree assault of a child; first degree extortion; second degree robbery; vehicular assault) when committed (a) with a firearm or (b) by a person with a specified criminal history (at least one prior serious violent offense, at least two prior violent offenses, or some combination of at least three prior class A felony, class B felony, vehicular assault, or second degree manslaughter offenses, all committed after the child's 13th birthday and separately prosecuted). |
| Property | 16 | First degree burglary committed by a person with at least one prior felony or misdemeanor offense; second degree arson when committed (a) while carrying a firearm or (b) by a person with a specified criminal history (at least one prior serious violent offense, at least two prior violent offenses, or some combination of at least three prior class A felony, class B felony, vehicular assault, or second degree manslaughter offenses, all committed after the child's 13th birthday and separately prosecuted). |
| Once an Adult, Always | RCW Sec. 13.40.020(14) |
| The definitions of "juvenile," "youth" and "child" exclude anyone previously transferred to adult court or otherwise under adult court jurisdiction. |