K.C.G. v. StateAnnotate this Case
The Supreme Court vacated K.C.G.'s delinquency adjudication and the modification of his probation based on that adjudication, holding that the juvenile court lacked subject matter jurisdiction.
The delinquency at issue alleged that sixteen-year-old K.C.G. committed the offense of dangerous possession of a firearm in violation of Ind. Code 35-47-10-5. The juvenile court adjudicated K.C.G. a delinquent and modified his probation. On appeal, Defendant argued that the plain terms of the dangerous-possession statute showed it could not be a delinquent act. The Supreme Court vacated the delinquency adjudication, holding that because the statute defines the offense solely in terms of a "child" with an unauthorized firearm, the dangerous-possession statute does not apply to adults, and therefore, the State's petition did not allege a jurisdictional prerequisite - that K.C.G.'s conduct was "an act that would be an offense if committed by an adult."