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CITE

    18 USC Sec. 5032                                            01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART IV - CORRECTION OF YOUTHFUL OFFENDERS
    CHAPTER 403 - JUVENILE DELINQUENCY

HEAD

    Sec. 5032. Delinquency proceedings in district courts; transfer for
      criminal prosecution

STATUTE

      A juvenile alleged to have committed an act of juvenile
    delinquency, other than a violation of law committed within the
    special maritime and territorial jurisdiction of the United States
    for which the maximum authorized term of imprisonment does not
    exceed six months, shall not be proceeded against in any court of
    the United States unless the Attorney General, after investigation,
    certifies to the appropriate district court of the United States
    that (1) the juvenile court or other appropriate court of a State
    does not have jurisdiction or refuses to assume jurisdiction over
    said juvenile with respect to such alleged act of juvenile
    delinquency, (2) the State does not have available programs and
    services adequate for the needs of juveniles, or (3) the offense
    charged is a crime of violence that is a felony or an offense
    described in section 401 of the Controlled Substances Act (21
    U.S.C. 841), or section 1002(a), 1003, 1005, 1009, or 1010(b)(1),
    (2), or (3) of the Controlled Substances Import and Export Act (21
    U.S.C. 952(a), 953, 955, 959, 960(b)(1), (2), (3)), section 922(x)
    or section 924(b), (g), or (h) of this title, and that there is a
    substantial Federal interest in the case or the offense to warrant
    the exercise of Federal jurisdiction.
      If the Attorney General does not so certify, such juvenile shall
    be surrendered to the appropriate legal authorities of such State.
    For purposes of this section, the term "State" includes a State of
    the United States, the District of Columbia, and any commonwealth,
    territory, or possession of the United States.
      If an alleged juvenile delinquent is not surrendered to the
    authorities of a State pursuant to this section, any proceedings
    against him shall be in an appropriate district court of the United
    States. For such purposes, the court may be convened at any time
    and place within the district, in chambers or otherwise. The
    Attorney General shall proceed by information or as authorized
    under section 3401(g) of this title, and no criminal prosecution
    shall be instituted for the alleged act of juvenile delinquency
    except as provided below.
      A juvenile who is alleged to have committed an act of juvenile
    delinquency and who is not surrendered to State authorities shall
    be proceeded against under this chapter unless he has requested in
    writing upon advice of counsel to be proceeded against as an adult,
    except that, with respect to a juvenile fifteen years and older
    alleged to have committed an act after his fifteenth birthday which
    if committed by an adult would be a felony that is a crime of
    violence or an offense described in section 401 of the Controlled
    Substances Act (21 U.S.C. 841), or section 1002(a), 1005, or 1009
    of the Controlled Substances Import and Export Act (21 U.S.C.
    952(a), 955, 959), or section 922(x) of this title, or in section
    924(b), (g), or (h) of this title, criminal prosecution on the
    basis of the alleged act may be begun by motion to transfer of the
    Attorney General in the appropriate district court of the United
    States, if such court finds, after hearing, such transfer would be
    in the interest of justice. In the application of the preceding
    sentence, if the crime of violence is an offense under section
    113(a), 113(b), 113(c), 1111, 1113, or, if the juvenile possessed a
    firearm during the offense, section 2111, 2113, 2241(a), or
    2241(c), "thirteen" shall be substituted for "fifteen" and
    "thirteenth" shall be substituted for "fifteenth". Notwithstanding
    sections 1152 and 1153, no person subject to the criminal
    jurisdiction of an Indian tribal government shall be subject to the
    preceding sentence for any offense the Federal jurisdiction for
    which is predicated solely on Indian country (as defined in section
    1151), and which has occurred within the boundaries of such Indian
    country, unless the governing body of the tribe has elected that
    the preceding sentence have effect over land and persons subject to
    its criminal jurisdiction. However, a juvenile who is alleged to
    have committed an act after his sixteenth birthday which if
    committed by an adult would be a felony offense that has as an
    element thereof the use, attempted use, or threatened use of
    physical force against the person of another, or that, by its very
    nature, involves a substantial risk that physical force against the
    person of another may be used in committing the offense, or would
    be an offense described in section 32, 81, 844(d), (e), (f), (h),
    (i) or 2275 of this title, subsection (b)(1)(A), (B), or (C), (d),
    or (e) of section 401 of the Controlled Substances Act, or section
    1002(a), 1003, 1009, or 1010(b)(1), (2), or (3) of the Controlled
    Substances Import and Export Act (21 U.S.C. 952(a), 953, 959,
    960(b)(1), (2), (3)), and who has previously been found guilty of
    an act which if committed by an adult would have been one of the
    offenses set forth in this paragraph or an offense in violation of
    a State felony statute that would have been such an offense if a
    circumstance giving rise to Federal jurisdiction had existed, shall
    be transferred to the appropriate district court of the United
    States for criminal prosecution.
      Evidence of the following factors shall be considered, and
    findings with regard to each factor shall be made in the record, in
    assessing whether a transfer would be in the interest of justice:
    the age and social background of the juvenile; the nature of the
    alleged offense; the extent and nature of the juvenile's prior
    delinquency record; the juvenile's present intellectual development
    and psychological maturity; the nature of past treatment efforts
    and the juvenile's response to such efforts; the availability of
    programs designed to treat the juvenile's behavioral problems. In
    considering the nature of the offense, as required by this
    paragraph, the court shall consider the extent to which the
    juvenile played a leadership role in an organization, or otherwise
    influenced other persons to take part in criminal activities,
    involving the use or distribution of controlled substances or
    firearms. Such a factor, if found to exist, shall weigh in favor of
    a transfer to adult status, but the absence of this factor shall
    not preclude such a transfer.
      Reasonable notice of the transfer hearing shall be given to the
    juvenile, his parents, guardian, or custodian and to his counsel.
    The juvenile shall be assisted by counsel during the transfer
    hearing, and at every other critical stage of the proceedings.
      Once a juvenile has entered a plea of guilty or the proceeding
    has reached the stage that evidence has begun to be taken with
    respect to a crime or an alleged act of juvenile delinquency
    subsequent criminal prosecution or juvenile proceedings based upon
    such alleged act of delinquency shall be barred.
      Statements made by a juvenile prior to or during a transfer
    hearing under this section shall not be admissible at subsequent
    criminal prosecutions.
      Whenever a juvenile transferred to district court under this
    section is not convicted of the crime upon which the transfer was
    based or another crime which would have warranted transfer had the
    juvenile been initially charged with that crime, further
    proceedings concerning the juvenile shall be conducted pursuant to
    the provisions of this chapter.
      A juvenile shall not be transferred to adult prosecution nor
    shall a hearing be held under section 5037 (disposition after a
    finding of juvenile delinquency) until any prior juvenile court
    records of such juvenile have been received by the court, or the
    clerk of the juvenile court has certified in writing that the
    juvenile has no prior record, or that the juvenile's record is
    unavailable and why it is unavailable.
      Whenever a juvenile is adjudged delinquent pursuant to the
    provisions of this chapter, the specific acts which the juvenile
    has been found to have committed shall be described as part of the
    official record of the proceedings and part of the juvenile's
    official record.

SOURCE

    (June 25, 1948, ch. 645, 62 Stat. 857; Pub. L. 93-415, title V,
    Sec. 502, Sept. 7, 1974, 88 Stat. 1134; Pub. L. 98-473, title II,
    Sec. 1201, Oct. 12, 1984, 98 Stat. 2149; Pub. L. 100-690, title VI,
    Sec. 6467(a), Nov. 18, 1988, 102 Stat. 4375; Pub. L. 101-647, title
    XII, Sec. 1205(n), title XXXV, Sec. 3599G, Nov. 29, 1990, 104 Stat.
    4831, 4932; Pub. L. 103-322, title XI, Sec. 110201(c)(2), title
    XIV, Secs. 140001, 140002, title XV, Sec. 150002, Sept. 13, 1994,
    108 Stat. 2012, 2031, 2035; Pub. L. 104-294, title VI, Sec.
    601(c)(1), (g)(1), Oct. 11, 1996, 110 Stat. 3499, 3500.)

HISTORICAL AND REVISION NOTES

      Based on title 18, U.S.C., 1940 ed., Sec. 922 (June 16, 1938, ch.
    486, Sec. 2, 52 Stat. 765).
      The final sentence of said section 922 of title 18, U.S.C., 1940
    ed., was incorporated in section 5033 of this title.
      Changes were made in arrangement and phraseology.

CODIFICATION

      Another section 502 of title V of Pub. L. 93-415, as added by
    Pub. L. 107-273, div. C, title II, Sec. 12222(a), Nov. 2, 2002, 116
    Stat. 1894, is classified to section 5781 of Title 42, The Public
    Health and Welfare.
      Another section 502 of title V of Pub. L. 93-415, as added by
    Pub. L. 102-586, Sec. 5(a), Nov. 4, 1992, 106 Stat. 5027, was
    classified to section 5781 of Title 42, The Public Health and
    Welfare, prior to the general amendment of that title V by Pub. L.
    107-273.

AMENDMENTS

      1996 - Pub. L. 104-294, in first par., inserted "section 922(x)"
    before "or section 924(b)" and struck out "or (x)" after "or (h)",
    and in third par., inserted "or as authorized under section 3401(g)
    of this title" after "shall proceed by information".
      1994 - Pub. L. 103-322, Sec. 150002(1), substituted "924(b), (g),
    or (h)" for "922(p)" in first par.
      Pub. L. 103-322, Sec. 110201(c)(2)(A), inserted "or (x)" after
    "922(p)" in first par.
      Pub. L. 103-322, Sec. 140001, in fourth par., substituted ". In
    the application of the preceding sentence, if the crime of violence
    is an offense under section 113(a), 113(b), 113(c), 1111, 1113, or,
    if the juvenile possessed a firearm during the offense, section
    2111, 2113, 2241(a), or 2241(c), 'thirteen' shall be substituted
    for 'fifteen' and 'thirteenth' shall be substituted for
    'fifteenth'. Notwithstanding sections 1152 and 1153, no person
    subject to the criminal jurisdiction of an Indian tribal government
    shall be subject to the preceding sentence for any offense the
    Federal jurisdiction for which is predicated solely on Indian
    country (as defined in section 1151), and which has occurred within
    the boundaries of such Indian country, unless the governing body of
    the tribe has elected that the preceding sentence have effect over
    land and persons subject to its criminal jurisdiction. However" for
    "; however".
      Pub. L. 103-322, Secs. 110201(c)(2)(B), 150002(2), inserted "or
    section 922(x) of this title, or in section 924(b), (g), or (h) of
    this title," before "criminal prosecution on the basis" in fourth
    par.
      Pub. L. 103-322, Sec. 150002(3), inserted at end of fifth par.
    "In considering the nature of the offense, as required by this
    paragraph, the court shall consider the extent to which the
    juvenile played a leadership role in an organization, or otherwise
    influenced other persons to take part in criminal activities,
    involving the use or distribution of controlled substances or
    firearms. Such a factor, if found to exist, shall weigh in favor of
    a transfer to adult status, but the absence of this factor shall
    not preclude such a transfer."
      Pub. L. 103-322, Sec. 140002, substituted "A juvenile shall not
    be transferred to adult prosecution nor shall a hearing be held
    under section 5037 (disposition after a finding of juvenile
    delinquency) until" for "Any proceedings against a juvenile under
    this chapter or as an adult shall not be commenced until" in tenth
    par.
      1990 - Pub. L. 101-647 inserted definition of "State" at end of
    second par., struck out "or the District of Columbia" after "to the
    authorities of a State" in third par., and substituted "offenses
    set forth in this paragraph" for "offenses set forth in this
    subsection" in fourth par.
      1988 - Pub. L. 100-690, Sec. 6467(a)(1), substituted "section 401
    of the Controlled Substances Act (21 U.S.C. 841), or section
    1002(a), 1003, 1005, 1009, or 1010(b)(1), (2), or (3) of the
    Controlled Substances Import and Export Act (21 U.S.C. 952(a), 953,
    955, 959, 960(b)(1), (2), (3)), or section 922(p) of this title,"
    for "section 841, 952(a), 955, or 959 of title 21," in first par.
      Pub. L. 100-690, Sec. 6467(a)(2), substituted "section 401 of the
    Controlled Substances Act (21 U.S.C. 841), or section 1002(a),
    1005, or 1009 of the Controlled Substances Import and Export Act
    (21 U.S.C. 952(a), 955, 959)," for "section 841, 952(a), 955, or
    959 of title 21," and inserted "subsection (b)(1)(A), (B), or (C),
    (d), or (e) of section 401 of the Controlled Substances Act, or
    section 1002(a), 1003, 1009, or 1010(b)(1), (2), or (3) of the
    Controlled Substances Import and Export Act (21 U.S.C. 952(a), 953,
    959, 960(b)(1), (2), (3))," after "2275 of this title," in fourth
    par.
      1984 - Pub. L. 98-473, Sec. 1201(a), amended first par.
    generally, inserting ", other than a violation of law committed
    within the special maritime and territorial jurisdiction of the
    United States for which the maximum authorized term of imprisonment
    does not exceed six months," before "shall not be proceeded",
    inserting "(1)" before "the juvenile court", striking out "(1)"
    before "does not have", inserting "the State" after "(2)", and
    inserting ", or (3) the offense charged is a crime of violence that
    is a felony, or an offense described in section 841, 952(a), 955,
    or 959 of title 21, and that there is a substantial Federal
    interest in the case or the offense to warrant the exercise of
    Federal jurisdiction."
      Pub. L. 98-473, Sec. 1201(b)(1), which directed the amendment of
    fourth par. by substituting "that is a crime of violence or an
    offense described in section 841, 952(a), 955, or 959 of title 21"
    for "punishable by a maximum penalty of ten years imprisonment or
    more, life imprisonment or death" was executed by substituting the
    quoted wording for "punishable by a maximum penalty of ten years
    imprisonment or more, life imprisonment, or death" as the probable
    intent of Congress.
      Pub. L. 98-473, Sec. 1201(b)(2), substituted "fifteen" for
    "sixteen" and "fifteenth" for "sixteenth" in fourth par.
      Pub. L. 98-473, Sec. 1201(b)(3), inserted provision at end of
    fourth par., relating to transfer of a juvenile who is alleged to
    have committed certain acts after his sixteenth birthday to the
    appropriate district court of the United States for criminal
    prosecution.
      Pub. L. 98-473, Sec. 1201(c), added three pars. at end of section
    relating to juveniles not convicted of crimes in district court,
    reception of prior juveniles court records by the court, and
    description of the specific act of delinquency for the record.
      1974 - Pub. L. 93-415 amended section generally, substituting
    "Delinquency proceedings in district courts; transfer for criminal
    prosecution", for "Proceedings against juvenile delinquent" in
    section catchline, inserting provisions relating to certification
    to, and procedures in, district courts, transfer upon motion by
    Attorney General with respect to a juvenile sixteen years and
    older, factors considered in transfer, notice of transfer, barring
    of subsequent criminal or juvenile delinquency proceedings upon
    entering plea of guilty or upon taking of evidence, and
    admissibility of statements by a juvenile in subsequent criminal
    prosecution, and substituting provision relating to consent upon
    advice of counsel for treatment as an adult, for provision
    requiring consent for treatment as a juvenile.