Juvenile Code: Delinquency

ORS 419C.352
Grounds for waiving youth under 15 years of age

The juvenile court, after a hearing, except as provided in ORS 419C.364 (Waiver of future cases) or 419C.370 (Waiver of motor vehicle, boating, game, violation and property cases), may waive a youth under 15 years of age at the time the act was committed to circuit court for prosecution as an adult if:

(1)

The youth is represented by counsel during the waiver proceedings;

(2)

The juvenile court makes the findings required under ORS 419C.349 (Grounds for waiving youth to adult court) (2); and

(3)

The youth is alleged to have committed an act or acts that if committed by an adult would constitute one or more of the following crimes:

(a)

Murder or any aggravated form thereof under ORS 163.095 (“Aggravated murder” defined), 163.107 (Murder in the first degree) or 163.115 (Murder in the second degree);

(b)

Rape in the first degree under ORS 163.375 (Rape in the first degree) (1)(a);

(c)

Sodomy in the first degree under ORS 163.405 (Sodomy in the first degree) (1)(a); or

(d)

Unlawful sexual penetration in the first degree under ORS 163.411 (Unlawful sexual penetration in the first degree) (1)(a). [1993 c.33 §214; 1993 c.546 §79; 1995 c.422 §78; 2019 c.634 §17; 2019 c.635 §24]
Note: See note under 419C.349 (Grounds for waiving youth to adult court).

Notes of Decisions

Requirement that youth possess "sufficient sophistication and maturity to appreciate the nature and quality of the conduct involved" means that, in order to authorize waiver of youth under ORS 419C.349 or this section, juvenile court must find, as factual determination, that youth possesses sufficient adult-like intellectual, social and emotional capabilities to have adult-like understanding of significance of youth's conduct, including wrongfulness of that conduct and consequences for youth, victim and others. State v. J.C.N.-V., 359 Or 559, 380 P3d 248 (2016)

Law Review Citations

Under Former Similar Statute

29 WLR 689 (1993)

Chapter 419C

Law Review Citations

Under Former Similar Statutes

56 OLR 428 (1977); 16 WLR 417 (1979)

Source

Last accessed
Jun. 26, 2021

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