Oregon 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).
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Last accessed
May. 15, 2020