§ 260B.255 — Juvenile Court Disposition Bars Criminal Proceeding
Plain-Language Summary
If a child has already been dealt with in juvenile court for an offense, the state cannot also prosecute the child as an adult for the same act.
260B.255 JUVENILE COURT DISPOSITION BARS CRIMINAL PROCEEDING.
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Subdivision 1.Certain violations not crimes.
A violation of a state or local law or ordinance by a child before becoming 18 years of age is not a crime unless the juvenile court:
(1) certifies the matter in accordance with the provisions of section 260B.125;
(2) transfers the matter to a court in accordance with the provisions of section 260B.225; or
(3) convicts the child as an extended jurisdiction juvenile and subsequently executes the adult sentence under section 260B.130, subdivision 5. §
Subd. 2.Penalty.
Except for matters referred to the prosecuting authority under the provisions of this section or to a court in accordance with the provisions of section 260B.225, any peace officer knowingly bringing charges against a child in a court other than a juvenile court for violating a state or local law or ordinance is guilty of a misdemeanor. This subdivision does not apply to complaints brought for the purposes of extradition.
History:
1999 c 139 art 2 s 34; art 4 s 2
History: History: 1999 c 139 art 2 s 34; art 4 s 2