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§ 3-8A-03. Jurisdiction of court

West's Annotated Code of MarylandCourts and Judicial ProceedingsEffective: October 1, 2023

West's Annotated Code of Maryland
Courts and Judicial Proceedings
Title 3. Courts of General Jurisdiction--Jurisdiction/Special Causes of Action (Refs & Annos)
Subtitle 8a. Juvenile Causes--Children Other than Cinas and Adults (Refs & Annos)
Effective: October 1, 2023
MD Code, Courts and Judicial Proceedings, § 3-8A-03
§ 3-8A-03. Jurisdiction of court
Exclusive original jurisdiction over delinquent children or children in need of supervision
(a) In addition to the jurisdiction specified in Subtitle 8 of this title, the court has exclusive original jurisdiction over:
(1) A child:
(i) Who is at least 13 years old alleged to be delinquent; or
(ii) Except as provided in subsection (d) of this section, who is at least 10 years old alleged to have committed an act:
1. That, if committed by an adult, would constitute a crime of violence, as defined in § 14-101 of the Criminal Law Article; or
2. Arising out of the same incident as an act listed in item 1 of this item;
(2) A child who is in need of supervision;
(3) A child who has received a citation for a violation;
(4) Except as provided in subsection (d)(6) of this section, a peace order proceeding in which the respondent is a child; and
(5) Proceedings arising under the Interstate Compact on Juveniles.
Concurrent jurisdiction over proceedings against an adult
(b) The court has concurrent jurisdiction over proceedings against an adult for the violation of § 3-8A-30 of this subtitle. However, the court may waive its jurisdiction under this subsection upon its own motion or upon the motion of any party to the proceeding, if charges against the adult arising from the same incident are pending in the criminal court. Upon motion by either the State's Attorney or the adult charged under § 3-8A-30 of this subtitle, the court shall waive its jurisdiction, and the adult shall be tried in the criminal court according to the usual criminal procedure.
Compulsory public school attendance laws; children on military installations
(c)(1) The jurisdiction of the court is concurrent with that of the District Court in any criminal case arising under the compulsory public school attendance laws of this State.
(2) The jurisdiction of the court is concurrent with that of a federal court sitting in the State over proceedings involving a violation of federal law committed by a child on a military installation of the U.S. Department of Defense if:
(i) The federal court waives exclusive jurisdiction; and
(ii) The violation of federal law is also a crime under State law.
Lack of jurisdiction
(d) The court does not have jurisdiction over:
(1) A child at least 14 years old alleged to have done an act that, if committed by an adult, would be a crime punishable by life imprisonment, as well as all other charges against the child arising out of the same incident, unless an order removing the proceeding to the court has been filed under § 4-202 of the Criminal Procedure Article;
(2) A child at least 16 years old alleged to have done an act in violation of any provision of the Transportation Article or other traffic law or ordinance, except an act that prescribes a penalty of incarceration;
(3) A child at least 16 years old alleged to have done an act in violation of any provision of law, rule, or regulation governing the use or operation of a boat, except an act that prescribes a penalty of incarceration;
(4) A child at least 16 years old alleged to have committed any of the following crimes, as well as all other charges against the child arising out of the same incident, unless an order removing the proceeding to the court has been filed under § 4-202 of the Criminal Procedure Article:
(i) Abduction;
(ii) Kidnapping;
(iii) Second degree murder;
(iv) Manslaughter, except involuntary manslaughter;
(v) Second degree rape;
(vi) Robbery under § 3-403 of the Criminal Law Article;
(vii) Third degree sexual offense under § 3-307(a)(1) of the Criminal Law Article;
(viii) A crime in violation of § 5-133, § 5-134, § 5-138, or § 5-203 of the Public Safety Article;
(ix) Using, wearing, carrying, or transporting a firearm during and in relation to a drug trafficking crime under § 5-621 of the Criminal Law Article;
(x) Use of a firearm under § 5-622 of the Criminal Law Article;
(xi) Carjacking or armed carjacking under § 3-405 of the Criminal Law Article;
(xii) Assault in the first degree under § 3-202 of the Criminal Law Article;
(xiii) Attempted murder in the second degree under § 2-206 of the Criminal Law Article;
(xiv) Attempted rape in the second degree under § 3-310 of the Criminal Law Article;
(xv) Attempted robbery under § 3-403 of the Criminal Law Article; or
(xvi) A violation of § 4-203, § 4-204, § 4-404, or § 4-405 of the Criminal Law Article;
(5) A child who previously has been convicted as an adult of a felony and is subsequently alleged to have committed an act that would be a felony if committed by an adult, unless an order removing the proceeding to the court has been filed under § 4-202 of the Criminal Procedure Article;
(6) A peace order proceeding in which the victim, as defined in § 3-8A-01(cc)(1)(ii) of this subtitle, is a person eligible for relief, as defined in § 4-501 of the Family Law Article; or
(7) Except as provided in subsection (a)(1)(ii) of this section, a delinquency proceeding against a child who is under the age of 13 years.
Exclusive jurisdiction relating to violations of Maryland Vehicle Law by children
(e) If the child is charged with two or more violations of the Maryland Vehicle Law,1 another traffic law or ordinance, or the State Boat Act, allegedly arising out of the same incident and which would result in the child being brought before both the court and a court exercising criminal jurisdiction, the court has exclusive jurisdiction over all of the charges.
Child under age of 13
(f) A child under the age of 13 years may not be charged with a crime.

Credits

Added as Courts and Judicial Proceedings § 3-804 by Acts 1973, 1st Sp. Sess., c. 2, § 1, eff. Jan. 1, 1974. Amended by Acts 1974, c. 691, § 8; Acts 1975, c. 554, §§ 1, 3; Acts 1977, c. 489; Acts 1977, c. 765, § 23; Acts 1979, c. 348; Acts 1979, c. 558; Acts 1980, c. 377; Acts 1982, c. 844; Acts 1984, c. 664; Acts 1985, c. 10, § 3; Acts 1986, c. 790; Acts 1986, c. 855; Acts 1994, c. 641, § 1, eff. Oct. 1, 1994; Acts 1995, c. 3, § 12, eff. March 7, 1995; Acts 1996, c. 595, § 1, eff. Oct. 1, 1996; Acts 1996, c. 596, § 1, eff. Oct. 1, 1996; Acts 1996, c. 632, § 1, eff. Oct. 1, 1996; Acts 1997, c. 14, § 1, eff. April 8, 1997; Acts 1997, c. 496, § 1, eff. Oct. 1, 1997; Acts 1998, c. 464, § 1, eff. Oct. 1, 1998; Acts 1998, c. 465, § 1, eff. Oct. 1, 1998; Acts 2000, c. 288, § 1, eff. Oct. 1, 2000; Acts 2000, c. 404, § 1, eff. Oct. 1, 2000; Acts 2001, c. 35, § 1, eff. Oct. 1, 2001. Renumbered as Courts and Judicial Proceedings § 3-8A-03 and amended by Acts 2001, c. 415, § 6, eff. Oct. 1, 2001. Amended by Acts 2002, c. 213, § 6, eff. Oct. 1, 2002; Acts 2003, c. 17, § 1, eff. Oct. 1, 2003; Acts 2005, c. 25, § 12, eff. April 12, 2005; Acts 2009, c. 525, § 1, eff. Oct. 1, 2009; Acts 2013, c. 156, § 3, eff. Oct. 1, 2013; Acts 2017, c. 62, § 6; Acts 2018, c. 12, § 1, eff. April 5, 2018; Acts 2020, c. 628, § 1, eff. May 8, 2020; Acts 2022, c. 41, § 1, eff. June 1, 2022; Acts 2022, c. 42, § 1, eff. June 1, 2022; Acts 2023, c. 726, § 1, eff. Oct. 1, 2023; Acts 2023, c. 727, § 1, eff. Oct. 1, 2023.
Formerly Art. 26, §§ 70-2, 94.

Footnotes

Transportation, § 11-101 et seq.
MD Code, Courts and Judicial Proceedings, § 3-8A-03, MD CTS & JUD PRO § 3-8A-03
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document