Ark. Code Ann. § 9-27-501: Extended juvenile jurisdiction designation

(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 , or murder in the first degree, § 5-10-102 , 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 , or murder in the first degree, § 5-10-102 . (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), (3), or (4) ; (H) Aggravated assault, § 5-13-204 ; (I) Terroristic act, § 5-13-310 ; (J) Rape, § 5-14-103 ; (K) Sexual assault in the second degree, § 5-14-125 ; (L) First degree escape, § 5-54-110 ; (M) Second degree escape, § 5-54-111 ; (N) Criminal use of prohibited weapons, § 5-73-104 ; (O) Possession of a handgun on school property, § 5-73-119(b)(1)(A) ; (P) Unlawful discharge of a firearm from a vehicle, § 5-74-107 ; (Q) Any felony involving a firearm; (R) Soliciting or recruiting a minor to join or to remain a member of a criminal gang, organization, or enterprise, § 5-74-203 ; or (S) 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) First degree escape, § 5-54-110 ; and (ix) 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. Amended by Act 2023, No. 692,§ 1, eff. 8/1/2023. Acts 1999, No. 1192, § 1; 2003, No. 1809, § 13

(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 , or murder in the first degree, § 5-10-102 , 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 , or murder in the first degree, § 5-10-102

f the alleged offense, is charged with capital murder, § 5-10-101 , or murder in the first degree, § 5-10-102 , 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 , or murder in the first degree, § 5-10-102 . (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), (3), or (4) ; (H) Aggravated assault, § 5-13-204 ; (I) Terroristic act, § 5-13-310 ; (J) Rape, § 5-14-103 ; (K) Sexual assault in the second degree, § 5-14-125 ; (L) First degree escape, § 5-54-110 ; (M) Second degree escape, § 5-54-111 ; (N) Criminal use of prohibited weapons, § 5-73-104 ; (O) Possession of a handgun on school property, § 5-73-119(b)(1)(A) ; (P) Unlawful discharge of a firearm from a vehicle, § 5-74-107 ; (Q) Any felony involving a firearm; (R) Soliciting or recruiting a minor to join or to remain a member of a criminal gang, organization, or enterprise, § 5-74-203 ; or (S) 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) First degree escape, § 5-54-110 ; and (ix) 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 , or murder in the first degree, § 5-10-102 , 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 , or murder in the first degree, § 5-10-102 . (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 , or murder in the first degree, § 5-10-102 .

(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;

Juvenile, thirteen (13) years of age at the time of the alleged offense, is charged with capital murder, § 5-10-101 , or murder in the first degree, § 5-10-102 .

(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), (3), or (4) ; (H) Aggravated assault, § 5-13-204 ; (I) Terroristic act, § 5-13-310 ; (J) Rape, § 5-14-103 ; (K) Sexual assault in the second degree, § 5-14-125 ; (L) First degree escape, § 5-54-110 ; (M) Second degree escape, § 5-54-111 ; (N) Criminal use of prohibited weapons, § 5-73-104 ; (O) Possession of a handgun on school property, § 5-73-119(b)(1)(A) ; (P) Unlawful discharge of a firearm from a vehicle, § 5-74-107 ; (Q) Any felony involving a firearm; (R) Soliciting or recruiting a minor to join or to remain a member of a criminal gang, organization, or enterprise, § 5-74-203 ; or (S) 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) First degree escape, § 5-54-110 ; and (ix) 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), (3), or (4) ;

(H) Aggravated assault, § 5-13-204 ;

(I) Terroristic act, § 5-13-310 ;

(J) Rape, § 5-14-103 ;

(K) Sexual assault in the second degree, § 5-14-125 ;

(L) First degree escape, § 5-54-110 ;

(M) Second degree escape, § 5-54-111 ;

(N) Criminal use of prohibited weapons, § 5-73-104 ;

(O) Possession of a handgun on school property, § 5-73-119(b)(1)(A) ;

(P) Unlawful discharge of a firearm from a vehicle, § 5-74-107 ;

(Q) Any felony involving a firearm;

(R) Soliciting or recruiting a minor to join or to remain a member of a criminal gang, organization, or enterprise, § 5-74-203 ; or

(S) 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) First degree escape, § 5-54-110 ; and (ix) 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) First degree escape, § 5-54-110 ; and

(ix) 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.

he 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) First degree escape, § 5-54-110 ; and

(ix) 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.