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State-By-State Legal Resource Guide

This guide provides information about certain key laws related to the sentencing of juveniles to life without the possibility of parole.

It provides statistics, such as the number of people serving a JLWOP sentence, and references to the relevant statutes on transfer of juveniles to adult court and imposition of the JLWOP sentence.1 The guide identifies whether the sentence is discretionary or mandatory.

Alabama

  • Imposes JLWOP (discretionary). Minimum age is 14.
  • Ala. Code § 13A-5-40 (LexisNexis 2005 and Supp. 2007) (LWOP for murder); see also §§13A-5-6, 13A-5-9 (LWOP habitual offenders).
  • Ala. Code § 13A-15-34 (LexisNexis 2005 and Supp. 2007). Prosecutorial discretion to transfer any child 14 years or older to adult criminal court; transfer hearing required.
  • 62 youths serving JLWOP sentences.

Alaska

  • Does not impose JLWOP.
  • Alaska Stat. § 12.55.125(a), (h), (j) (2006). Requires mandatory 99-year sentences for enumerated crimes, discretionary 99-year sentences in others, but permits a prisoner serving such sentence to apply once for modification or reduction of sentence after serving half of the sentence.
  • No youths serving JLWOP sentences.

Arizona

  • Imposes JLWOP (discretionary). Minimum age is 14.
  • Ariz. Rev. Stat. Ann. § 13-703.01(A) (Supp. 2007) (LWOP sentences discretionary).
  • Ariz. Rev. Stat. Ann. § 13-501 (A)-(B) (2001 and Supp. 2007). Juveniles of age 15, 16, and 17 "shall" be prosecuted as adults for first-degree murder and enumerated felonies; juveniles 14 or older “may” be prosecuted as an adult for Class 1 felonies.
  • 32 youths serving JLWOP sentences.

Arkansas

  • Imposes JLWOP (discretionary). Minimum age is 14.
  • Ark. Code Ann. § 5-4-104 (2006 and Supp. 2007). Mandatory LWOP or death for capital murder or treason.
  • Ark. Code Ann. § 9-27-318 (2008). If the juvenile is at least 14 years of age and commits a felony, he or she can be transferred to adult court and tried as an adult.
  • 73 youths serving JLWOP sentences.

California

  • Imposes JLWOP (discretionary). Minimum age is 14.
  • Cal. Penal Code § 190,5(b) (West 1999 and Supp. 2008). Limits discretionary LWOP to juveniles age 16 or older.
  • Cal. Penal Code § 209 (West 2008) (kidnapping with or without bodily harm where death or exposure to substantial risk of death carries LWOP, age 14 or older); § 218, 219 (wrecking a train or bridge); Cal. Penal Code § 37 (West 1999 and Supp. 2008) (treason); § 128 (perjury in capital case leading to execution), § 11418(b)(2) (West 2000 and Supp. 2008) (using weapon of mass destruction); Cal. Penal Code § 12310(West 2000 and Supp. 2008) (using a bomb that kills).
  • Current legislation in state to deal with fair sentencing for youth. Cal. Senate Bill 9 would review JLWOP cases and require young people to work toward rehabilitation. If they can prove that they have turned their lives around, they will have an opportunity to be resentenced.
  • 250 youths serving JLWOP sentences.

Colorado

  • Does not impose JLWOP currently.
  • Colo. Rev. Stat § 17-22.5-104 (IV) (2007). Allows juveniles sentenced to LWOP to apply for parole after serving 40 years. State legislative reform passed in 2006 abolished JLWOP (this has not yet been retrospectively applied).
  • 48 youths serving JLWOP sentences but no JLWOP sentences post-2005.

Connecticut

  • Imposes JLWOP (mandatory). Minimum age is 14.
  • Conn. Gen. Stat. Ann.§ 53a-53a (West 2007 and Supp. 2008). Mandatory sentence of LWOP or death for capital murder.
  • Conn. Gen. Stat. Ann § 46b-127 (West 2004 and Supp. 2008). Mandatory transfer to adult court for children age 14 and older for enumerated felonies.
  • 9 youths serving JLWOP sentences.

Delaware

  • Imposes JLWOP (mandatory) for youth under 18.
  • Del. Code Ann. Tit. 11, § 4209 (2001 and Supp. 2005). Mandatory LWOP for “any person” convicted of first-degree murder.
  • Del. Code Ann. tit. 10 § 1010, 1011 (1999 and Supp. 2006). “Child shall be proceeded against as an adult” for enumerated felonies; child can request hearing and court may transfer back to juvenile court at its discretion.
  • 7 youths serving JLWOP sentences.

Florida

  • Imposes JLWOP (mandatory) for youth under 18.
  • Fla. Stat. Ann. § 775.082 (West 2005 and Supp. 2008). Mandatory LWOP for juveniles convicted of murder.
  • Fla. Stat. Ann. § 985.225 (West 2001). “Child of any age” may be indicted for crimes punishable by death or life imprisonment; once indicted, child must be “tried and handled in every respect as an adult”; once convicted, “child shall be sentenced as an adult.”
  • 266 youths serving JLWOP sentences.

Georgia

  • Imposes JLWOP (discretionary). Minimum age is 13.
  • Ga. Code Ann. § 17-10-3.1, 17-10-31.1 (2004 and Supp. 2007) (LWOP or life discretionary sentence for murder); § 17-10-7(b)(1&2) (authorizing mandatory LWOP for recidivist offenders).
  • Ga. Code Ann. § 15-11-28(b) (2005 and Supp. 2007). Concurrent juvenile and adult court jurisdiction over child of any age accused of crime where adult would be punished by death, LWOP, or life; mandatory adult court jurisdiction for such crimes if committed by child 13 years or older, no reverse transfer if child over 13.
  • Ga. Code Ann. § 15-11-28(b)(1) (2005 and Supp. 2007). Juvenile court has concurrent jurisdiction with superior court where child is alleged to have committed an act for which an adult defendant would receive the sentences of death, LWOP, life, or imprisonment.
  • Ga. Code Ann. § 15-11-28(b)(2)(A) (2005 and Supp. 2007). Exclusive superior court jurisdiction over any children ages 13 to 17 who have committed enumerated offenses.
  • Ga. Code Ann. § 16-3-1 (2007). Child cannot be found guilty of crime if crime is committed when child is younger than 13.
  • KMS v. State, 200 S.E.2d 916 (Ga. Ct. App. 1973). Distinguishes between finding of delinquency, which is permitted for children younger than age 13, with adjudication of guilt for crime, not permitted for children younger than 13.
  • 8 youths serving JLWOP sentences.

Hawaii

  • Imposes JLWOP (discretionary) for youth under 18.
  • Haw. Rev. Stat. §§ 706-656, 706-657 (1993 and Supp. 2007). Mandatory LWOP for first-degree murder or attempted murder and for what would be considered “heinous” second-degree murder, but, “(a)s part of such sentence the court shall order the director of public safety and the Hawaii paroling authority to prepare an application for the governor to commute the sentence to life imprisonment with parole at the end of 20 years of imprisonment.”
  • Haw. Rev. Stat. § 571-22 (2006 and Supp. 2007). No age limit for discretionary transfer to adult court of juveniles for first-degree murder or second-degree attempted murder.
  • 4 youths serving JLWOP sentences. 

Idaho

  • Imposes JLWOP (discretionary) for youth under 18.
  • Idaho Code Ann. § 18-4004 (2004 and Supp. 2007). LWOP discretionary penalty for first-degree murder.
  • Idaho Code Ann. § 20-508 (2004 and Supp. 2007). Mandatory transfer to adult court for juveniles ages 14 to 18 accused of enumerated crimes, discretionary transfer for children younger than 14 accused of enumerated crimes.
  • Idaho Code Ann. § 20-509(3)-(4) (2004 and Supp. 2007). Juvenile tried as an adult can be sentenced pursuant to adult sentencing measures or juvenile sentencing options, or a court can commit the juvenile to custody of the department of juvenile corrections and suspend the sentence or withhold judgment.
  • 4 youths serving JLWOP sentences.

Illinois

  • Imposes JLWOP (mandatory) Minimum age is 13.
  • 730 Ill. Comp. Stat. Ann. 5/5-8-1 (West 2007). Details mandatory minimum sentences for felonies. For first-degree murder, if death cannot be imposed and one aggravating factor proven the mandatory sentence is LWOP; if no aggravating circumstances, the sentence is 20 to 60 years.
  • 705 Ill. Comp. Stat. Ann. 405/5-130 (4)(a) (West 2007). Mandatory adult court jurisdiction over children at least 13 years old accused of “first-degree murder committed during the course of either aggravated criminal sexual assault, criminal sexual assault, or aggravated kidnapping.”
  • 103 youths serving JLWOP sentences.

Indiana

  • Imposes JLWOP (mandatory). Minimum age is 16.
  • Ind. Code Ann. § 35-50-2-3 (LexisNexis 2004 and Supp. 2007). Limits discretionary LWOP sentence to people 16 and older for the crime of murder.
  • 2 youths serving JLWOP sentences.

Iowa

  • Imposes JLWOP (mandatory). Minimum age is 14.
  • Iowa Code ann. §902.1(West 2003). LWOP sentences are mandatory upon conviction for “Class A Felony.”
  • Iowa Code Ann § 232.45(6)(a) (West 2006). Juvenile court may waive jurisdiction over a child as young as 14.
  • 44 youths serving JLWOP sentences.

Kansas

  • Does not impose JLWOP.
  • Kan. Stat. Ann. § 21-4622 (2007) LWOP not permitted as a sentence for capital murder or first-degree murder where defendant is younger than 18 years.
  • No youths serving JLWOP sentences.

Kentucky

  • Does not impose JLWOP.
  • Ky. Rev. State. Ann. § 640.040 (West 2006 and Supp. 2007). Limits youthful offender convictions to life with parole after 25 years.
  • Ky. Rev. Stat. Ann. § 635.020 (West 2006 and Supp. 2007). Mandatory transfer to adult court of juvenile for use of a firearm and adult sentence applied.
  • Britt v. Commonwealth, 965 S.W.2d 147 (Ky. 1998) (section 640.010 applies to juveniles, including cases transferred under 635-020).
  • Shepherd v. Commonwealth, 2006-SC-000450-MR, 2008 Ky. LEXIS 30 (Ky. Sup. Ct. Feb. 21, 2008). Error to provide jury instruction on LWOP sentence as an option for youthful offenders but not reversible as lesser sentence awarded.
  • Workman v. Commonwealth, 429 S.W.2d 374 (Ky. 1968). Juvenile LWOP as penalty for rape violative of state constitution.
  • Edmondson v. Commonwealth, 2001-SC-0253-MR, 2002 Ky. Lexis 271 (Ky. Sup. Ct. Dec. 19, 2002). Unpublished decision concerning felony theft by an adult, citing Workman in dicta for general proposition that juvenile LWOP is unconstitutional.
  • 5 youths serving JLWOP sentences (JLWOP sentences are being challenged).

Louisiana

  • Imposes JLWOP (mandatory). Minimum age is 15.
  • La. Rev. Stat. Ann. §§ 14:30, 14.30.1 (2007 and Supp. 2008). Mandatory LWOP for first- and second-degree murder.
  • La. Child Code Ann. art. 305 (2004 and Supp. 2008). Any juvenile 15 years or older charged with first-degree murder, second-degree murder, aggravated rape, or aggravated kidnapping must be tried as an adult.
  • 332 youths serving JLWOP sentences.

Maine

  • Imposes JLWOP (discretionary) for youth under 18.
  • Me. Rev. State. Ann. tit. 17-A, § 1251 (Supp. 2006 and Supp. 2007).
  • State v. St. Pierre, 584 A.2d 618, 621 (Me. 1990). LWOP sentences are discretionary under § 1251.
  • Me. Rev. Stat. Ann. tit. 15, § 3101 (2003 and West Supp. 2007). Discretionary hearing to determine whether to transfer juvenile of any age to adult court for trial for murder or enumerated felonies.
  • No youths serving JLWOP sentences.

Maryland

  • Imposes JLWOP (discretionary) for youth under 18. 
  • Md. Code Ann., Crim. Law §§ 2-202, 2-203, 2-304 (LexisNexis 2002 and Supp. 2007). LWOP sentence discretionary for enumerated crimes.
  • Md. Code Ann., Cts. and Jud. Proc. § 3-8A-06 (LexisNexis 2006 and Supp. 2007). Discretionary transfer to adult court for child of any age accused of murder.
  • 13 youths serving JLWOP sentences.

Massachusetts

  • Imposes JLWOP (mandatory) Minimum age is 14.
  • Mass. Gen. Laws Ann. ch. 265, § 2 (West 2002 and Supp. 2008). LWOP mandatory for juvenile convicted of first-degree murder.
  • Mass. Gen. Laws Ann. ch. 119, § 72B (West 2002). Treats a juvenile 14 or older as an adult for first-degree or second-degree murder; § 74 removes from juvenile court jurisdiction any juvenile 14 or older charged with murder in first or second degree.
  • 57 youths serving JLWOP sentences.

Michigan

  • Imposes JLWOP (discretionary) for youth under 18.
  • Mich. Comp. Laws § 712A.4 (2005 and Supp. 2008). Court has discretion to try children as adult offenders, but if younger than 14 waiver hearing is required.
  • Mich. Comp. Laws § 769.1 (2002 and Supp. 2008). Allows adult sentences for children convicted of certain crimes.
  • Mich. Comp. Laws § 750.316 (2003 and Supp. 2008). Imprisonment for life for first-degree murder.
  • Mich. Comp. Laws § 791.234(6). Certain sentences of life imprisonment mean no eligibility of parole, including murder in first degree (§750.316).
  • Mich. Comp. Laws § 791.244 (2005 and Supp. 2008). Governor may grant clemency after serving 10 years of an LWOP sentence.
  • 346 youths serving JLWOP sentences.

Minnesota

  • Imposes JLWOP (mandatory). Minimum age is 14.
  • Minn. Stat. Ann. § 609.106 (West 2003 and Supp. 2008). Mandatory LWOP for enumerated “heinous” crimes, including first-degree murder.
  • Minn. Stat. Ann. § 260B.125 (West 2007 and Supp. 2008). Discretionary waiver, age 14.
  • 2 youths serving JLWOP sentences.

Mississippi

  • Imposes JLWOP (discretionary). Minimum age is 13.
  • Miss. Code Ann. § 97-3-21 (West 2005 and Supp. 2007). LWOP sentence discretionary for murder.
  • Miss. Code Ann. §§ 43-21-151(a), 43-21-157(8) (West 2008). Mandatory adult court jurisdiction limited to age 13 for any felony punishable by life; mandatory adult court jurisdiction after age 13 for any felony punishable by life in prison or death.
  • 24 youths serving JLWOP sentences.

Missouri

  • Imposes JLWOP (discretionary). Minimum age is 13.
  • Mo. Ann. Stat. § 565.020 (West 1999 and Supp. 2008). Mandatory LWOP for first-degree murder juveniles.
  • Mo. Ann. Stat. § 211.071 (West 2004 and Supp. 2008). Discretionary transfer, age limit of 12 for enumerated crimes.
  • 116 youths serving JLWOP sentences.

Montana

  • Does not impose JLWOP.
  • Mont. Code Ann. § 46-18-219 (2006). LWOP sentence must be given if the defendant has been previously convicted of one of the following: deliberate homicide, aggravated kidnapping, sexual intercourse without consent, sexual abuse of children, or ritual abuse of a minor; otherwise LWOP is discretionary sentence for deliberate murder defined by Mont. Code Ann. § 45-5-102.
  • Mont. Code Ann. § 41-5-206 (2006). Discretionary transfer if the child is 12 years or older for enumerated offenses. When the minor is 16 years of age, more types of offenses are added to the list. If a child is age 17 and commits enumerated offense, county attorney “shall” file with the district court.
  • Mont. Code Ann. § 46-18-222(1) (2007). “(M)andatory minimum sentences…and restrictions on parole eligibility do not apply if…the offender was less than 18 years of age at the time of the commission of the offense.” A 2007 amendment to statute provides exceptions to mandatory minimum sentences and restrictions on parole eligibility for juveniles.
  • 1 youth serving a mandatory JLWOP sentence.

Nebraska

  • Imposes JLWOP (mandatory) for youth under 18.
  • Neb. Rev. Stat. §§ 43-247 (2004 and Supp. 2006), 43-276 (2004). Juvenile court has concurrent jurisdiction with district court for juveniles under age 16 who commit a felony.
  • Neb. Rev. Stat. § 43-276 (2004 and Supp. 2006). District Attorney has discretion to file in criminal court, list of factors to be considered.
  • Neb. Rev. Stat. § 28-105 (1995 and Supp. 2006). Punishment for Class IA felony can be LWOP, discretionary.
  • Neb. Rev. Stat. § 29-2522 (1995 and Supp. 2006). Murder in the first degree mandates LWOP if death penalty not unanimous.
  • 24 youths serving JLWOP sentences.

Nevada

  • Imposes JLWOP (discretionary). Minimum age is 8.
  • Nev. Rev. Stat. Ann. § 200.030 (LexisNexis 2006 and Supp. 2007). Murder in first degree punishable, among other punishments, by death or LWOP.
  • Nev. Rev. Stat. Ann. § 194.010 (LexisNexis 2006). Children under 8 years of age not liable to punishment, but between ages 8 and 14 are liable to punishment if clear proof that they knew the act's “wrongfulness” at time of commission.
  • Nev. Rev. Stat. Ann. § 62B.330 (LexisNexis 2006). When juveniles commit murder, among other offenses not deemed “delinquent acts,” juvenile court has no jurisdiction and crimes are automatically tried in adult court.
  • 16 youths serving JLWOP sentences.

New Hampshire

  • Imposes JLWOP (discretionary) for youth under 18.
  • N.H. Rev. Stat. Ann. § 630:1-a (LexisNexis 2007). Murder in the first degree shall be punished by LWOP.
  • N.H. Rev. Stat. Ann. § 628:1 (LexisNexis 2007). Juvenile younger than 15 not criminally responsible. For murder in the first or second degree, manslaughter, assault, or other specified crimes, those 13 and older can be held criminally responsible if transferred to superior court.
  • N.H. Rev. Stat. Ann. § 169-B:24 (LexisNexis 2001 and Supp. 2007). Transfer of juvenile to superior court for a trial as adult.
  • 3 youths serving JLWOP sentences.

New Jersey

  • Imposes JLWOP (mandatory). Minimum age is 14.
  • N.J. Stat. Ann. § 2C:11-3(b)(g) (West 2005 and Supp. 2007). Specifically limits LWOP for juveniles to mandatory LWOP for murder of police officer, killing a child under age 14, or murder in the course of a sexual assault or criminal sexual contact.
  • N.J. Stat. Ann. § 2A:4A-26 (West 1987 and Supp. 2007). Discretionary waiver of juvenile court jurisdiction over the case if child is age 14 or older.
  • No youths serving JLWOP sentences.

New Mexico

  • Does not impose JLWOP.
  • N.M. Stat. Ann. § 31-21-10 (LexisNexis 2000 and Supp. 2007). Maximum sentence is life imprisonment. Eligible for parole after 30 years.
  • No youths serving JLWOP sentences.

New York

  • Imposes JLWOP for youth under 18, but JLWOP applied only if crime is terrorist act.
  • N.Y. Penal Law §§ 125.25(5), 125.26, 125.27 (McKinney 2004). Element of crime of murder in the first degree (carrying LWOP under § 70.00) is being older than 18.
  • N.Y. Penal Law § 490.25(d) (McKinney 2008). For the crime of terrorism, LWOP applied with no restriction on age as element of crime. Also see N.Y. Penal Law § 30.00(1)-(2) (McKinney 2004 and Supp. 2008), which states that those under age 16 not held criminally responsible, including exceptions for children ages 13 to 15.
  • No youths serving JLWOP sentences.

North Carolina

  • Imposes JLWOP (mandatory). Minimum age is 13.
  • N.C. Gen. Stat. § 14-17 (2007). Mandatory LWOP sentence for murder in the first degree for persons under age 18.
  • N.C. Gen. Stat. § 7B-2200 (2007). Mandatory transfer to adult court where probable cause that juvenile committed Class A felonies (age limit is 13 years).
  • 44 youths serving JLWOP sentences.

North Dakota

  • Imposes JLWOP (discretionary) Minimum age 14.
  • N.D. Cent. Code § 12.1-32-01 (1997 and Supp. 2007). LWOP discretionary for enumerated crimes.
  • N.D. Cent. Code § 12.1-04-01 (1997). Juvenile under the age of 7 not capable of committing a crime and juvenile cannot be tried as adult if younger than 14 years of age when he or she committed the offense.
  • 1 youth serving a JLWOP sentence.

Ohio

  • Imposes JLWOP (mandatory). Minimum age is 14.
  • Ohio Rev. Code Ann. § 2929.03(E) (LexisNexis 2006 and Supp. 2008). LWOP or life mandatory for aggravated murder.
  • Ohio Rev. Code Ann. § 2971.03 (LexisNexis 2007 and Supp. 2008). Mandatory LWOP for murder, rape of victim under 10 years, and other sexually violent acts.
  • Ohio Rev. Code Ann. § 2152.10(B) (LexisNexis 2007 and Supp. 2008). Discretionary transfer for youth 14 years or older being tried for felonies; mandatory if prior adjudicated delinquent for other offenses.
  • 2 youths serving JLWOP sentences.

Oklahoma

  • Imposes JLWOP (discretionary). Minimum age is 13.
  • Okla. Stat. Ann. tit. 21, § 701.9 (West 2002 and Supp. 2008). Discretionary LWOP for certain crimes.
  • Okla. Stat. Ann. tit. 10, § 7306-1.1(B) (West 2007 and Supp. 2008). Mandatory transfer for youth 13 and older being tried for first-degree murder).
  • 44 youths serving JLWOP sentences.

Oregon

  • Does not impose JLWOP.
  • Or. Rev. Stat. § 161.620 (2007). Also see State v. Davilla, 972 P.2d 902 (Or. Ct. App. 1998)—interpreting § 161.620 to bar juvenile LWOP.
  • No youths serving JLWOP sentences.

Pennsylvania

  • Imposes JLWOP (mandatory) for youth under 18 convicted of murder of the first (intentional killing with malice) or second degree (felony murder). There is no minimum age requirement for receiving a JLWOP sentence.
  • 18 Pa. Cons. Stat. Ann. §§ 1102, 9711 (West 1998 and Supp. 2008). Mandatory minimum penalty for murder of the first or second degree is life.
  • 61 Pa. Cons. Stat. Ann. § 6137 (West 2009). No parole parole permitted for sentences of life imprisonment, i.e., life means LWOP.
  • 42 Pa. Cons. Stat. Ann. § 6302 (West 2000 and Supp. 2008). Murder not in “delinquent act” definition for juvenile court jurisdiction; certain other crimes not included for child 15 years or older.
  • 42 Pa. Cons. Stat. Ann. § 6322 (West 2000 and Supp. 2008). Court can transfer murders to juvenile court.
  • 42 Pa. Cons. Stat. Ann. § 6355(e) (West 2000 and Supp. 2008). Juvenile court cannot transfer case back to criminal court where criminal court has transferred it to juvenile court pursuant to section 6322.
  • Approximately 450 youths serving JLWOP sentences.

Rhode Island

  • Imposes JLWOP (discretionary) for youth under 18.
  • R.I. Gen. Laws § 12-19.2-4 (2002 and Supp. 2007). LWOP discretionary for certain crimes.
  • R.I. Gen. Laws § 14-1-7 (2002 and Supp. 2007). No age limit for transfer of juvenile for enumerated crimes; discretionary because hearing required.
  • R.I. Gen. Laws § 12-19-11 (2002). Mandatory LWOP sentence cannot be suspended or allowed parole.
  • R.I. Gen. Laws § 11-23-2 (2002 and Supp. 2007). Sentence for first-degree murder is mandatory life imprisonment.
  • 2 youths serving JLWOP sentences.

South Carolina

  • Imposes JLWOP (mandatory) for youth under 18.
  • S.C. Code Ann. § 17-25-45 (2003 and Supp. 2007). Except in cases that impose the death penalty, when convicted of a serious offense as defined in statute a person must be sentenced to a term of LWOP only if that person has prior convictions for enumerated crimes.
  • S.C. Code Ann. § 20-7-7605(6) (Supp. 2007). Discretionary transfer and there is no age limit for murder or “criminal sexual conduct”; see also State v. Corey, 529 S.E.2d 20 (S.C. 2000)—construing the lack of discussion of age in § 7605(6) as requiring that there is no age limit.
  • 26 youths serving JLWOP sentences.

South Dakota

  • Imposes JLWOP (mandatory). Minimum age is 10.
  • S.D. Codified Laws §§ 22-6-1 (1998 and Supp. 2003). Life imprisonment mandatory minimum for juvenile convicted of Class A felony), 24-15-4 (life imprisonment means LWOP).
  • S.D. Codified Laws §§ 26-11-3.1 (1999). Mandatory transfer to adult court of juveniles 16 or older who commit enumerated felonies; hearing at option of juvenile charged where juvenile must prove transfer back to juvenile court is in the best interests of the public. Discretionary transfer for ages 10 to 16.
  • 9 youths serving JLWOP sentences.

Tennessee

  • Imposes JLWOP (discretionary) for youth under 18.
  • Tenn. Code Ann. §§ 39-13-202, 39-13-204 (2006 and Supp. 2007). Penalty for murder in first degree is death, LWOP or life imprisonment.
  •  Tenn. Code Ann. § 37-1-134 (a)(1) (2005 and Supp. 2007). Mandatory transfer for enumerated crimes, no age limit for murder and other enumerated crimes.
  • 4 youths serving JLWOP sentences.

Texas

  • Texas recently signed into law SB 839, an act to prohibit JLWOP prospectively for anyone under 17. It requires a mandatory 40-year sentence before review. This new law comes into effect on September 1, 2009. More information can be found http://www.legis.state.tx.us/BillLookup/History.aspx?LegSess=81RandBill=SB839.
  • Before September 1, 2009, Texas imposed JLWOP (mandatory). Minimum age was 10.
  • Tex. Fam. Code ann. § 54.04(d)(3)(A) (Vernon 2005). Maximum term under juvenile court jurisdiction for enumerated felonies, including murder, is 40 years.
  • Tex. Fam. Code ann. § 54.02(a)(2)(A) (Vernon 2002 and Supp. 2007). Juvenile can be transferred to adult court at 14 years of age for capital felony, among others.
  • Tex. Fam. Code ann. § 54.02(j)(2) (Vernon 2002 and Supp. 2007). Transfer allowed between ages 10 and 17 for capital offense per section 19.02.
  • Tex. Fam. Code ann. § 54.02(m) (Vernon 2002 and Supp. 2007). Mandatory waiver without transfer proceedings if previously transferred and convicted in criminal court.
  • Tex. Fam. Code ann. § 8.07(a) (Vernon 2003 and Supp. 2007). Other means of waiving juveniles younger than 15 to adult court jurisdiction.
  • Tex. Fam. Code ann. § 12.31 (Vernon 2003 and Supp. 2007). Mandatory death or LWOP for capital felony.
  • 4 youths serving JLWOP sentences.

Utah

  • Imposes JLWOP (discretionary). Minimum age is 14.
  • Utah Code Ann. § 76-3-206 (2003 and Supp. 2006). LWOP is a discretionary sentence.
  • Utah Code Ann. § 78-3a-502(3) (2002 and Supp. 2007). Discretionary age limit of 14 or older for adult court jurisdiction.
  • 1 youth serving a JLWOP sentence.

Vermont

  • Imposes JLWOP (discretionary). Minimum age is 10.
  • Vt. Stat. Ann. tit. 13, § 2303 (1998 and Supp. 2007). LWOP discretionary for first-degree and second-degree murder.
  • Vt. Stat. Ann. tit. 33, § 5506 (2001 and Supp. 2007). Discretionary jurisdiction for enumerated crimes, with an age limit of 10 years or older.
  • No youths serving JLWOP sentences.

Virginia

  • Imposes JLWOP (mandatory). Minimum age is 14.
  • Va. Code Ann § 18.2-10 (2005). Life imprisonment mandatory for enumerated offenses); see Lenz v. Warden of Sussex I Stat Prison, 593 S.E.2d 292 (Va. 2004)—“life” means LWOP because there is no parole for someone who receives a life sentence.
  • Va. Code Ann §§ 16.1-269.1 (2003 and Supp. 2007). Mandatory transfer of age 14 or older if probable cause for certain felonies, § 16.1-269.4 (2003). (However, the juvenile can appeal the juvenile court's transfer decision.)
  • Va. Code Ann § 53.1-151(B1) (2005 and Supp. 2007). Enumerates when a person sentenced is not eligible for parole including conviction of 3 felony offenses of murder, rape, and robbery.
  • 48 youths serving JLWOP sentences.

Washington

  • Imposes JLWOP (mandatory). Minimum age is 15.
  • Wash. Rev. Code Ann. § 10.95.030 (West 2002 and Supp. 2008). Mandatory death or LWOP for aggravated murder in first degree.
  • Wash. Rev. Code Ann. §§ 13.04.030 (West 2004 and Supp. 2008). Exclusive adult court jurisdiction over child 16 years or older who is accused of committing serious violent offense, 13.40.110 (West 2004 and Supp. 2008). Juvenile court to hold waiver hearing if child is aged 15 to 17 and accused of Class A felony or attempt, solicitation, or conspiracy to commit Class A felony.
  • 28 youths serving JLWOP sentences.

West Virginia

  • Imposes JLWOP (discretionary) for youth under 18.
  • W. Va. Code Ann. §§ 61-2-2, 62-3-15 (LexisNexis 2005). LWOP discretionary for first-degree murder.
  • W. Va. Code Ann. § 49-5-13(e) (LexisNexis 2004 and Supp. 2007). Notwithstanding any other part of code, court may sentence a child tried and convicted as adult as a juvenile.
  • W. Va. Code Ann. § 49-5-10 (LexisNexis 2004 and Supp. 2007). Mandatory transfer of juvenile who is age 14 or older for certain felonies; discretionary transfer when child younger than 14 is accused of committing murder or other enumerated felonies under the code.
  • No youths serving JLWOP sentences.

Wisconsin

  • Imposes JLWOP (discretionary). Minimum age is 10.
  • Wis. Stat. Ann § 973.014 (West 2007). LWOP discretionary.
  • Wis. Stat. Ann. §§ 938.18, 938.183 (West 2000 and Supp. 2007). Exclusive adult court jurisdiction with age limit of 10 years or older for first-degree intentional homicide, first-degree reckless murder, second-degree intentional homicide. Age limited to 14 or older for other felonies. Limited exceptions also provided.
  • 16 youths serving JLWOP sentences.

Wyoming

  • Imposes JLWOP (discretionary). Minimum age is 13.
  • Wyo. Stat. Ann § 6-2-101 (2005). LWOP discretionary for first-degree murder.
  • Wyo. Stat. Ann § 14-6-203(d) (2007). Juvenile court has exclusive jurisdiction in cases involving minor under age 13 for felony or misdemeanor punishable by more than 6 months in prison.
  • Wyo. Stat. Ann. § 14-6-203(f)(iv) (2007). Concurrent adult and juvenile court jurisdiction with an age limit of 14 for enumerated felonies.
  • Wyo. Stat. Ann § 14-6-237 (2007). Discretionary transfer between adult and juvenile court.
  • 6 youths serving JLWOP sentences.

District of Columbia

  • Does not impose JLWOP.
  • D.C. Code § 22-2104(a) (2001 and Supp. 2008). No LWOP for juveniles.
  • No youths serving JLWOP sentences.

1The guide is based upon work completed by Michelle Leighton and Brian Foley listed as an appendix in the law review article "Sentencing Children to Die in Prison." The materials have been surveyed and updated as accurately as possible but there may be need for further clarification and analysis. We welcome updates, comments, or analyses from U.S. lawyers and advocates. Please send these to delavega@usfca.edu.