(a) If a child or adult is charged with an offense which would be a felony if committed by an adult, and the child or adult was fourteen years of age or older at the time of the alleged offense, the Family Division of the Superior Court may transfer the person for proper criminal proceedings to a court of competent jurisdiction.
(b) If a child or adult is charged with an offense which would be a felony if committed by an adult, and the child or adult was fourteen years of age or older at the time of the alleged offense, the Family Division of the Superior Court, after a determination of probable cause, shall transfer the person for proper criminal proceedings to a court of competent criminal jurisdiction when:
(1) the person has been twice adjudicated to be a delinquent for offenses which would constitute a felony if committed by an adult; or
(2) the offense now charged is an offense which would be a violent crime, as defined herein, if committed by an adult and the person has at least once been adjudicated to be a delinquent child for an offense which would constitute a felony if committed by an adult; or
(3) the offense now charged is an offense which would be a felony if committed by an adult and the person has at least once been adjudicated to be a delinquent child for an offense which would be a violent crime, as defined herein, if committed by an adult; or
(4) the offense now charged is one of the following offenses, which would be a felony if committed by an adult: murder in the first degree or an attempt to do so; rape in the first degree or an attempt to do so; aggravated rape or an attempt to do so; possession or use of a firearm in the commission of a crime of violence irrespective of whether the minor has been previously adjudicated to be a delinquent.
(5) the offense now charged is possession of a loaded firearm, if such possession occurred on school property.
(c) For purposes of this chapter only, a violent crime is defined as one of the following offenses:
(A) murder in the first or second degree or an attempt to do so;
(B) voluntary manslaughter;
(C) rape in the first degree or an attempt to do so;
(D) arson in the first or second degree or an attempt to do so;
(E) assault in the first, second or third degree or where appropriate, an attempt to do so;
(F) burglary in the first or second degree or an attempt to do so;
(G) robbery in the first, second, or third degree or an attempt to do so;
(H) carnal abuse of a child under 16 years of age or an attempt to do so;
(I) incendiarism or an attempt to do so;
(J) extortion;
(K) kidnapping or an attempt to do so;
(L) mayhem;
(M) carrying or using a dangerous weapon;
(N) carrying firearms;
(O) distributing a controlled substance to a person under eighteen years of age;
(P) aggravated rape or the attempt to do so;
(Q) unlawful sexual contact in the first degree or attempt to do so.
(d) Within five days after the filing of a complaint in the Family Division of the Superior Court that alleges a child was 14 years of age or older at the time of commission of one of the following offenses:
(1) murder in the first degree;
(2) rape in the first degree;
(3) robbery in the first degree;
(4) burglary in the first degree;
(5) arson in the first degree;
(6) aggravated rape;
(7) possession or use of a firearm in commission of a crime of violence;
the Attorney General may request by motion in writing that the case be transferred for proper criminal proceedings against such person in a court of competent jurisdiction. The judge of the Family Division of the Superior Court is authorized to determine this request unless the child is provided for in subsection (b) of this section. This decision is a final appealable order.(e) Provided, further, That once such a child has been transferred from the Family Division to a court of competent jurisdiction, that court shall retain jurisdiction over the case, even though the child pleads guilty to, or is convicted of a lesser included offense; and a plea to or conviction of a lesser included offense shall not revest the Family Division with jurisdiction over such a child.
(f) If a child is transferred from the Family Division to a court of competent jurisdiction, that court may also have jurisdiction over other alleged delinquent acts not designated as transferable which occurred during or arose out of the factual circumstances surrounding the offense for which the child was transferred. The transfer of the alleged delinquent acts not designated as transferable must occur at the hearing for transfer of the delinquent act designated for transfer and under the procedures established in section 2509 of this title.