609.055 LIABILITY OF CHILDREN.
Subdivision 1. General rule.
Children under the age of 14 years are incapable of committing
Subd. 2. Adult prosecution.
(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
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.
History: 1963 c 753 art 1 s 609.055; 1992 c 571 art 7 s 12; 1994 c 576 s 45; 1995 c 226 art
3 s 47; 1999 c 139 art 4 s 2