78A-6-701 - Jurisdiction of district court.
78A-6-701. Jurisdiction of district court.
(1) The district court has exclusive original jurisdiction over all persons 16 years of ageor older charged with:
(a) an offense which would be murder or aggravated murder if committed by an adult; or
(b) an offense which would be a felony if committed by an adult if the minor has beenpreviously committed to a secure facility as defined in Section 62A-7-101. This Subsection(1)(b) shall not apply if the offense is committed in a secure facility.
(2) When the district court has exclusive original jurisdiction over a minor under thissection, it also has exclusive original jurisdiction over the minor regarding all offenses joinedwith the qualifying offense, and any other offenses, including misdemeanors, arising from thesame criminal episode. The district court is not divested of jurisdiction by virtue of the fact thatthe minor is allowed to enter a plea to, or is found guilty of, a lesser or joined offense.
(3) (a) Any felony, misdemeanor, or infraction committed after the offense over whichthe district court takes jurisdiction under Subsection (1) or (2) shall be tried against the defendantas an adult in the district court or justice court having jurisdiction.
(b) If the qualifying charge under Subsection (1) results in an acquittal, a finding of notguilty, or a dismissal of the charge in the district court, the juvenile court under Section78A-6-103 and the Division of Juvenile Justice Services regain any jurisdiction and authoritypreviously exercised over the minor.
Amended by Chapter 38, 2010 General Session