2015 ORS 419C.349¹
Grounds for waiving youth to adult court

The juvenile court, after a hearing except as otherwise 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 to a circuit, justice or municipal court of competent jurisdiction for prosecution as an adult if:

(1) The youth is 15 years of age or older at the time of the commission of the alleged offense;

(2) The youth, except as otherwise provided in ORS 419C.364 (Waiver of future cases) and 419C.370 (Waiver of motor vehicle, boating, game, violation and property cases), is alleged to have committed a criminal offense constituting:

(a) Murder under ORS 163.115 (Murder) or any aggravated form thereof;

(b) A Class A or Class B felony;

(c) Any of the following Class C felonies:

(A) Escape in the second degree under ORS 162.155 (Escape in the second degree);

(B) Assault in the third degree under ORS 163.165 (Assault in the third degree);

(C) Coercion under ORS 163.275 (Coercion) (1)(a);

(D) Arson in the second degree under ORS 164.315 (Arson in the second degree); or

(E) Robbery in the third degree under ORS 164.395 (Robbery in the third degree);

(d) Any Class C felony in which the youth used or threatened to use a firearm; or

(e) Any other felony or any misdemeanor if the youth and the state stipulate to the waiver;

(3) The youth at the time of the alleged offense was of sufficient sophistication and maturity to appreciate the nature and quality of the conduct involved; and

(4) The juvenile court, after considering the following criteria, determines by a preponderance of the evidence that retaining jurisdiction will not serve the best interests of the youth and of society and therefore is not justified:

(a) The amenability of the youth to treatment and rehabilitation given the techniques, facilities and personnel for rehabilitation available to the juvenile court and to the criminal court which would have jurisdiction after transfer;

(b) The protection required by the community, given the seriousness of the offense alleged;

(c) The aggressive, violent, premeditated or willful manner in which the offense was alleged to have been committed;

(d) The previous history of the youth, including:

(A) Prior treatment efforts and out-of-home placements; and

(B) The physical, emotional and mental health of the youth;

(e) The youth’s prior record of acts which would be crimes if committed by an adult;

(f) The gravity of the loss, damage or injury caused or attempted during the offense;

(g) The prosecutive merit of the case against the youth; and

(h) The desirability of disposing of all cases in one trial if there were adult co-offenders. [1993 c.33 §213; 1993 c.546 §78; 1999 c.951 §1; 2003 c.404 §1]

1 Legislative Counsel Committee, CHAPTER 419C—Juvenile Code: Delinquency, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors419C.­html (2015) (last ac­cessed Jul. 16, 2016).
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.