Oregon Revised Statutes
Or. Rev. Stat. § 419C.340 (2026)
Authority to waive youth to adult court
✓ current as of May 2026
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419C.340 Authority to waive youth to adult court. In the circumstances set forth in ORS 419C.349, 419C.352, 419C.364, 419C.367 and 419C.370, the court may waive the youth to the appropriate court handling criminal actions, or to municipal court. [1993 c.33 §211; 1993 c.546 §76]
Notes of Decisions
Cited in 13
cases (3 in the last 5 years), 1996–2025 · leading case: State v. Lawler, 927 P.2d 99 (Or. Ct. App. 1996).
State v. Lawler, 927 P.2d 99 (Or. Ct. App. 1996). “250 et seq, and defendant was remanded back to circuit court to be tried as an adult, pursuant to ORS 419C.340 et seq. Before trial, defendant moved to dismiss the indictment on the first degree assault charge, challenging Measure 11 on statutory and constitutional grounds.”
State Ex Rel. Engweiler v. Felton, 260 P.3d 448 (Or. 2011). “In addition, OAR 255-032-0005 was amended to include the following: "(4) Inmates, who were juveniles and waived to the adult court pursuant to ORS 419C.340 through 419C.364, and were under the age of years at the time of their crime(s), and were convicted of Aggravated Murder,…”
State v. Godines, 236 P.3d 824 (Or. Ct. App. 2010). “411 *416 (1993), 12 or, in certain circumstances, the juvenile court could waive the person to the appropriate adult criminal court, see ORS 419C.340 (1993). 13 If adjudicated by the juvenile court, the disposition ordered could include, among other options, diversion,…”
Dept. of Human Servs. v. K. W., 476 P.3d 107 (Or. Ct. App. 2020). “” ORS 419C.340. Nevertheless, although we may make distinctions between juvenile courts and adult criminal courts, a juvenile court is a circuit court, and it is constitutionally and statutorily vested with subject matter jurisdiction over juvenile matters.”
State v. Pike, 33 P.3d 374 (Or. Ct. App. 2001). “See ORS 137.707. Subsection (l)(a) of that statute provides: “Notwithstanding any other provision of law, when a person charged with * * * an offense listed in subsection (4)(a) of this section is 15, 16 or 17 years of age at the time the offense is committed, * * * the person…”
Doell v. Myers, 984 P.2d 266 (Or. 1999). “standing any other provision of law, any person sentenced under any repealed provision of law listed in Section 2 above, who would have otherwise been within the jurisdiction of the juvenile court and who did not receive a waiver hearing shall be subject to juvenile court…”
Crim. Just. Reform Clinic v. Bd. of Parole, 496 P.3d 688 (Or. Ct. App. 2021). “The JAM-II rules provide: “Inmates, who were juveniles and waived to adult court pursuant to ORS 419C.340 through 419C.364, and were under the age of 17 years at the time of their crime(s), and were convicted of Aggravated Murder, per ORS 163.”
State v. H. K. D. S. (A163158), 469 P.3d 770 (Or. Ct. App. 2020). “That is especially true where, as here, the state’s proposed rule of law (1) would result in children who are subject to criminal prosecution in this state receiv- ing less in the way of criminal procedural protections than 1 See ORS 419C.340 to 419C.374 (regarding waiver of…”
State Ex Rel. Juv. Dept. v. Dreyer, 976 P.2d 1123 (Or. 1999). “067 continues, and the person is subject to the court's jurisdiction, until one of the following occurs: "(a) The court dismisses a petition filed under this chapter or waives the case under ORS 419C.340." Although ORS 419C.005(4) does not itself grant juvenile courts the…”
State v. W. V., 342 Or. App. 250 (Or. Ct. App. 2025). “067 continues until one of the following occurs: “(a) The court dismisses a petition filed under this chapter or waives the case under ORS 419C.340. If jurisdiction is based on a previous adjudication, then dismissal or waiver of a later case does not terminate jurisdiction…”
State v. C. E. B., 295 P.3d 118 (Or. Ct. App. 2012). “067 continues until one of the following occurs: “(a) The court dismisses a petition filed under this chapter or waives the case under ORS 419C.340. If jurisdiction is based on a previous adjudication, then dismissal or waiver of a later case does not terminate jurisdiction…”
State ex rel. Juv. Dep't v. Deyer, 976 P.2d 1123 (Or. 1999). “067 continues, and the person is subject to the court’s jurisdiction, until one of the following occurs: “(a) The court dismisses a petition filed under this chapter or waives the case under ORS 419C.340.” Although ORS 419C.005(4) does not itself grant juvenile courts the…”
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