(a) The state may request an extended juvenile jurisdiction designation in a delinquency petition or file a separate motion if the:(1) Juvenile, under thirteen (13) years of age at the time of the alleged offense, is charged with capital murder, § 5-10-101, murder in the first degree, § 5-10-102, or capital rape, § 5-14-114, and the state has overcome presumptions of lack of fitness to proceed and lack of capacity as set forth in § 9-27-502;(2) (A) Juvenile, thirteen (13) years of age at the time of the alleged offense, is charged with capital murder, § 5-10-101, murder in the first degree, § 5-10-102, or capital rape, § 5-14-114.(B) However, juveniles thirteen (13) years of age at the time of the alleged offense shall have an evaluation pursuant to § 9-27-502, and the burden will be upon the juvenile to establish lack of fitness to proceed and lack of capacity;(3) Juvenile, fourteen (14) or fifteen (15) years of age at the time of the alleged offense, is charged with any of the following crimes:(A) Capital murder, § 5-10-101;(B) Murder in the first degree, § 5-10-102;(C) Murder in the second degree, § 5-10-103;(D) Kidnapping, § 5-11-102;(E) Aggravated robbery, § 5-12-103;(F) Battery in the first degree, § 5-13-201;(G) Battery in the second degree in violation of § 5-13-202(a)(2), § 5-13-202(a)(3), or § 5-13-202(a)(4);(H) Aggravated assault, § 5-13-204;(I) Terroristic act, § 5-13-310;(J) Rape, § 5-14-103;(K) Capital rape, § 5-14-114;(L) Sexual assault in the second degree, § 5-14-125;(M) First degree escape, § 5-54-110;(N) Second degree escape, § 5-54-111;(O) Criminal use of prohibited weapons, § 5-73-104;(P) Possession of a handgun on school property, § 5-73-119(b)(1)(A);(Q) Unlawful discharge of a firearm from a vehicle, § 5-74-107;(R) Any felony involving a firearm;(S) Soliciting or recruiting a minor to join or to remain a member of a criminal gang, organization, or enterprise, § 5-74-203; or(T) A felony attempt, solicitation, or conspiracy to commit any of the following offenses:(i) Capital murder, § 5-10-101;(ii) Murder in the first degree, § 5-10-102;(iii) Murder in the second degree, § 5-10-103;(iv) Kidnapping, § 5-11-102;(v) Aggravated robbery, § 5-12-103;(vi) Battery in the first degree, § 5-13-201;(vii) Rape, § 5-14-103;(viii) Capital rape, § 5-14-114;(ix) First degree escape, § 5-54-110; and(x) Second degree escape, § 5-54-111; or(4) Juvenile is at least sixteen (16) years of age when he or she engages in conduct that, if committed by an adult, would be a felony.
(1) Juvenile, under thirteen (13) years of age at the time of the alleged offense, is charged with capital murder, § 5-10-101, murder in the first degree, § 5-10-102, or capital rape, § 5-14-114, and the state has overcome presumptions of lack of fitness to proceed and lack of capacity as set forth in § 9-27-502;
(2) (A) Juvenile, thirteen (13) years of age at the time of the alleged offense, is charged with capital murder, § 5-10-101, murder in the first degree, § 5-10-102, or capital rape, § 5-14-114.(B) However, juveniles thirteen (13) years of age at the time of the alleged offense shall have an evaluation pursuant to § 9-27-502, and the burden will be upon the juvenile to establish lack of fitness to proceed and lack of capacity;
(A) Juvenile, thirteen (13) years of age at the time of the alleged offense, is charged with capital murder, § 5-10-101, murder in the first degree, § 5-10-102, or capital rape, § 5-14-114.
(B) However, juveniles thirteen (13) years of age at the time of the alleged offense shall have an evaluation pursuant to § 9-27-502, and the burden will be upon the juvenile to establish lack of fitness to proceed and lack of capacity;
(3) Juvenile, fourteen (14) or fifteen (15) years of age at the time of the alleged offense, is charged with any of the following crimes:(A) Capital murder, § 5-10-101;(B) Murder in the first degree, § 5-10-102;(C) Murder in the second degree, § 5-10-103;(D) Kidnapping, § 5-11-102;(E) Aggravated robbery, § 5-12-103;(F) Battery in the first degree, § 5-13-201;(G) Battery in the second degree in violation of § 5-13-202(a)(2), § 5-13-202(a)(3), or § 5-13-202(a)(4);(H) Aggravated assault, § 5-13-204;(I) Terroristic act, § 5-13-310;(J) Rape, § 5-14-103;(K) Capital rape, § 5-14-114;(L) Sexual assault in the second degree, § 5-14-125;(M) First degree escape, § 5-54-110;(N) Second degree escape, § 5-54-111;(O) Criminal use of prohibited weapons, § 5-73-104;(P) Possession of a handgun on school property, § 5-73-119(b)(1)(A);(Q) Unlawful discharge of a firearm from a vehicle, § 5-74-107;(R) Any felony involving a firearm;(S) Soliciting or recruiting a minor to join or to remain a member of a criminal gang, organization, or enterprise, § 5-74-203; or(T) A felony attempt, solicitation, or conspiracy to commit any of the following offenses:(i) Capital murder, § 5-10-101;(ii) Murder in the first degree, § 5-10-102;(iii) Murder in the second degree, § 5-10-103;(iv) Kidnapping, § 5-11-102;(v) Aggravated robbery, § 5-12-103;(vi) Battery in the first degree, § 5-13-201;(vii) Rape, § 5-14-103;(viii) Capital rape, § 5-14-114;(ix) First degree escape, § 5-54-110; and(x) Second degree escape, § 5-54-111; or
(A) Capital murder, § 5-10-101;
(B) Murder in the first degree, § 5-10-102;
(C) Murder in the second degree, § 5-10-103;
(D) Kidnapping, § 5-11-102;
(E) Aggravated robbery, § 5-12-103;
(F) Battery in the first degree, § 5-13-201;
(G) Battery in the second degree in violation of § 5-13-202(a)(2), § 5-13-202(a)(3), or § 5-13-202(a)(4);
(H) Aggravated assault, § 5-13-204;
(I) Terroristic act, § 5-13-310;
(J) Rape, § 5-14-103;
(K) Capital rape, § 5-14-114;
(L) Sexual assault in the second degree, § 5-14-125;
(M) First degree escape, § 5-54-110;
(N) Second degree escape, § 5-54-111;
(O) Criminal use of prohibited weapons, § 5-73-104;
(P) Possession of a handgun on school property, § 5-73-119(b)(1)(A);
(Q) Unlawful discharge of a firearm from a vehicle, § 5-74-107;
(R) Any felony involving a firearm;
(S) Soliciting or recruiting a minor to join or to remain a member of a criminal gang, organization, or enterprise, § 5-74-203; or
(T) A felony attempt, solicitation, or conspiracy to commit any of the following offenses:(i) Capital murder, § 5-10-101;(ii) Murder in the first degree, § 5-10-102;(iii) Murder in the second degree, § 5-10-103;(iv) Kidnapping, § 5-11-102;(v) Aggravated robbery, § 5-12-103;(vi) Battery in the first degree, § 5-13-201;(vii) Rape, § 5-14-103;(viii) Capital rape, § 5-14-114;(ix) First degree escape, § 5-54-110; and(x) Second degree escape, § 5-54-111; or
(i) Capital murder, § 5-10-101;
(ii) Murder in the first degree, § 5-10-102;
(iii) Murder in the second degree, § 5-10-103;
(iv) Kidnapping, § 5-11-102;
(v) Aggravated robbery, § 5-12-103;
(vi) Battery in the first degree, § 5-13-201;
(vii) Rape, § 5-14-103;
(viii) Capital rape, § 5-14-114;
(ix) First degree escape, § 5-54-110; and
(x) Second degree escape, § 5-54-111; or
(4) Juvenile is at least sixteen (16) years of age when he or she engages in conduct that, if committed by an adult, would be a felony.
(b) The juvenile's attorney may file a motion to request extended juvenile jurisdiction if the state could have filed pursuant to subsection (a) of this section.