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609.055.2

Statute ID: 14948

Statute Function ID: 32370

Capability of children to commit crime - Adult prosecution

In Effect

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Details are only available for Penalty and Charging Statutes.

Statute Number:

609.055.2

Enactment Date:

Jan 1, 1859

Effective Date:

Jul 1, 1995

Expiration Date:

Repealed?:

Summary Text:

Capability of children to commit crime - Adult prosecution

Statute ID:

14948

Created:

May 29, 2014 by mnjis.legal.analyst@state.mn.us

Updated:

May 29, 2014 by mnjis.legal.analyst@state.mn.us

Last Update Action:

Added

Legal Analyst Comment:

Ramsey County Request. Subd. 2 Amended 1995 c 226 art 3 s 47

Summary Text:

Capability of children to commit crime - Adult prosecution

Link to MN Statute Text:

https://www.revisor.leg.state.mn.us/stats/609/055.html

Legislative Session:

1995 - Regular

Session Law Text?:

Statute text last updated on:

May 29, 2014

(a) Except as otherwise provided in paragraph (b), children of the age of 14 years or over but under 18 years may be prosecuted for a felony offense if the alleged violation is duly certified for prosecution under the laws and court procedures controlling adult criminal violations or may be designated an extended jurisdiction juvenile in accordance with the provisions of chapter 260B. A child who is 16 years of age or older but under 18 years of age is capable of committing a crime and may be prosecuted for a felony if:

(1) the child has been previously certified on a felony charge pursuant to a hearing under section 260B.125, subdivision 2, or pursuant to the waiver of the right to such a hearing, or prosecuted pursuant to this subdivision; and

(2) the child was convicted of the felony offense or offenses for which the child was prosecuted or of a lesser included felony offense.

(b) A child who is alleged to have committed murder in the first degree after becoming 16 years of age is capable of committing a crime and may be prosecuted for the felony. This paragraph does not apply to a child alleged to have committed attempted murder in the first degree after becoming 16 years of age.