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<section article="gcj" article_name="Courts and Judicial Proceedings" number="3-8A-03" title_number="3" title_name="Courts of General Jurisdiction -- Jurisdiction/special Causes of Action" subtitle_number="8A" subtitle_name="Juvenile Causes -- Children Other Than Cinas and Adults">
  <level label="a">
    <text>In addition to the jurisdiction specified in Subtitle 8 of this title, the court has exclusive original jurisdiction over:</text>
    <level label="1">
      <text>A child:</text>
      <level label="i">
        <text>Who is at least 13 years old alleged to be delinquent; or</text>
      </level>
      <level label="ii">
        <text>Except as provided in subsection (d) of this section, who is at least 10 years old alleged to have committed an act:</text>
        <level label="1">
          <text>That, if committed by an adult, would constitute:</text>
        </level>
        <level label="A">
          <text>A crime of violence, as defined in § 14–101 of the Criminal Law Article;</text>
        </level>
        <level label="B">
          <text>A crime involving handguns under § 4–203 or § 4–204 of the Criminal Law Article;</text>
        </level>
        <level label="C">
          <text>A crime involving firearms under § 5–133, § 5–134, § 5–138, § 5–142, § 5–203, or § 5–703 of the Public Safety Article;</text>
        </level>
        <level label="D">
          <text>Aggravated cruelty to animals under § 10–606 of the Criminal Law Article; or</text>
        </level>
        <level label="E">
          <text>Sexual offense in the third degree under § 3–307 of the Criminal Law Article; or</text>
        </level>
        <level label="2">
          <text>Arising out of the same incident as an act listed in item 1 of this item;</text>
        </level>
      </level>
    </level>
    <level label="2">
      <text>A child who is in need of supervision;</text>
    </level>
    <level label="3">
      <text>A child who has received a citation for a violation;</text>
    </level>
    <level label="4">
      <text>Except as provided in subsection (d)(6) of this section, a peace order proceeding in which the respondent is a child; and</text>
    </level>
    <level label="5">
      <text>Proceedings arising under the Interstate Compact on Juveniles.</text>
    </level>
  </level>
  <level label="b">
    <text>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.</text>
  </level>
  <level label="c">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>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:</text>
      <level label="i">
        <text>The federal court waives exclusive jurisdiction; and</text>
      </level>
      <level label="ii">
        <text>The violation of federal law is also a crime under State law.</text>
      </level>
    </level>
  </level>
  <level label="d">
    <text>The court does not have jurisdiction over:</text>
    <level label="1">
      <text>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;</text>
    </level>
    <level label="2">
      <text>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;</text>
    </level>
    <level label="3">
      <text>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;</text>
    </level>
    <level label="4">
      <text>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:</text>
      <level label="i">
        <text>Abduction;</text>
      </level>
      <level label="ii">
        <text>Kidnapping;</text>
      </level>
      <level label="iii">
        <text>Any crime punishable by life imprisonment;</text>
      </level>
      <level label="iv">
        <text>Second degree murder;</text>
      </level>
      <level label="v">
        <text>Manslaughter, except involuntary manslaughter;</text>
      </level>
      <level label="vi">
        <text>Second degree rape;</text>
      </level>
      <level label="vii">
        <text>Robbery under § 3–403 of the Criminal Law Article;</text>
      </level>
      <level label="viii">
        <text>Third degree sexual offense under § 3–307(a)(1) of the Criminal Law Article;</text>
      </level>
      <level label="ix">
        <text>A crime in violation of § 5–203 of the Public Safety Article;</text>
      </level>
      <level label="x">
        <text>Carjacking or armed carjacking under § 3–405 of the Criminal Law Article;</text>
      </level>
      <level label="xi">
        <text>Attempted murder in the second degree under § 2–206 of the Criminal Law Article;</text>
      </level>
      <level label="xii">
        <text>Attempted rape in the second degree under § 3–310 of the Criminal Law Article;</text>
      </level>
      <level label="xiii">
        <text>Attempted robbery under § 3–403 of the Criminal Law Article; or</text>
      </level>
      <level label="xiv">
        <text>A violation of § 4–204, § 4–404, or § 4–405 of the Criminal Law Article;</text>
      </level>
    </level>
    <level label="5">
      <text>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;</text>
    </level>
    <level label="6">
      <text>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</text>
    </level>
    <level label="7">
      <text>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.</text>
    </level>
  </level>
  <level label="e">
    <text>If the child is charged with two or more violations of the Maryland Vehicle Law, 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.</text>
  </level>
  <level label="f">
    <text>A child under the age of 13 years may not be charged with a crime.</text>
  </level>
</section>
