Which age and offense combination qualifies for waiver referral to adult court?

• A. 14 years old with a serious felony or gang-related felony, or 15 years old with delinquent
• B. 12 years old with any felony
• C. 16 years old with any offense
• D. 13 years old with a minor offense

Answer: (A)

Waiver to adult court is determined by the combination of a juvenile’s age and the seriousness of the offense. In Wisconsin, only two specific scenarios qualify: a 14-year-old who commits a serious felony or a gang-related felony, and a 15-year-old who commits a delinquent offense. These thresholds are set to route the most serious cases involving younger teens to adult court, while keeping younger youths or less serious cases in the juvenile system.

Older teens or those with minor offenses don’t meet the waiver criteria under this rule, such as a 12- or 13-year-old with minor offenses, or a 16-year-old with any offense, which would not align with the stated waiver pathways. The idea is to match the offender’s age and the offense’s severity with the appropriate court channel, reserving waiver for the most serious and risky cases.