2017 ORS 419C.352¹
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) (3) and (4); 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) or 163.115 (Murder);

(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]

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 (Grounds for waiving youth to adult court) 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)

1 Legislative Counsel Committee, CHAPTER 419C—Juvenile Code: Delinquency, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors419C.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 419C, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano419C.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.