16.3Specified Juvenile Violations

The specified juvenile violations, as enumerated in MCL 712A.2(a)(1)(A)-(I), MCL 600.606(2)(a)-(i), MCL 764.1f(2)(a)-(i), and MCR 6.903(H)(1)-(19), are as follows:

•first-degree arson, MCL 750.72;    

•assault with intent to commit murder, MCL 750.83;

•assault with intent to maim, MCL 750.86;

•assault with intent to rob while armed, MCL 750.89;

•attempted murder, MCL 750.91;

•first-degree murder, MCL 750.316;

•second-degree murder, MCL 750.317;

•kidnapping, MCL 750.349;

•first-degree criminal sexual conduct, MCL 750.520b;

•armed robbery, MCL 750.529;

•carjacking, MCL 750.529a;

•robbery of a bank, safe, or vault, MCL 750.531;

•assault with intent to do great bodily harm or assault by strangulation or suffocation, MCL 750.84, if armed with a dangerous weapon1;

•first-degree home invasion, MCL 750.110a(2), if armed with a dangerous weapon;

•escape or attempted escape from a medium- or high-security facility operated by the Department of Health and Human Services (DHHS) or a county juvenile agency,2 or from a high-security facility operated by a private agency under contract with the DHHS or a county juvenile agency, MCL 750.186a;

•possession of 1000 grams or more of a Schedule 1 or 2 narcotic or cocaine, MCL 333.7403(2)(a)(i);

•manufacture, creation, or delivery of, or possession with intent to manufacture, create, or deliver, 1000 grams or more of a Schedule 1 or 2 narcotic or cocaine, MCL 333.7401(2)(a)(i);

•an attempt, MCL 750.92, to commit any of the above crimes;

•conspiracy, MCL 750.157a, to commit any of the above crimes;

•solicitation, MCL 750.157b, to commit any of the above crimes;

•any lesser-included offense of a specified juvenile violation, if the juvenile is charged with a specified juvenile violation; and

•any other offense arising out of the same transaction as a specified juvenile violation, if the juvenile is charged with a specified juvenile violation.

1    MCL 712A.2(a)(1)(B) defines “dangerous weapon,” as used in the context of a specified juvenile violation, as one or more of the following:    

“(i) A loaded or unloaded firearm, whether operable or inoperable.

(ii) A knife, stabbing instrument, brass knuckles, blackjack, club, or other object specifically designed or customarily carried or possessed for use as a weapon.

(iii) An object that is likely to cause death or bodily injury when used as a weapon and that is used as a weapon or carried or possessed for use as a weapon.

(iv) An object or device that is used or fashioned in a manner to lead a person to believe the object or device is an object or device described in subparagraphs (i) to (iii).”

Substantially identical definitions of “dangerous weapon” are contained in MCL 600.606(2)(b), MCL 764.1f(2)(b), and MCR 6.903(I). “[A]ccording to the unambiguous statutory language in MCL 764.1f(2)(b), to properly obtain jurisdiction over a juvenile defendant charged with AWIGBH through the automatic waiver process, the juvenile defendant themselves must be armed with a dangerous weapon.” People v Oslund, ___ Mich ___, ___ (2024). MCL 764.1f(2)(b)’s “use of the term ‘the juvenile’ unambiguously refers to the charged juvenile in question.” Oslund, ___ Mich at ___. “For purposes of automatic waiver, the actions of other individuals cannot be transferred or imputed onto the charged juvenile defendant.” Id. at ___.

2    See Section 16.17(B) and Section (C) for discussion of county juvenile agencies.