419C.352
Grounds for waiving youth under 15 years of age. (1) The juvenile court, after a
hearing, except as provided in ORS 419C.364 or 419C.370, 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:
(a) The youth is
represented by counsel during the waiver proceedings;
(b) The juvenile
court makes the findings required under ORS 419C.349 (2); and
(c) 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, 163.107 or 163.115;
(B) Rape in the
first degree under ORS 163.375 (1)(a);
(C) Sodomy in the
first degree under ORS 163.405 (1)(a); or
(D) Unlawful
sexual penetration in the first degree under ORS 163.411 (1)(a).
(2)
Notwithstanding ORS 419A.255, the district attorney may provide to the victim,
at the request of the victim and pursuant to a protective order, a copy of the
court’s written waiver findings and determination, if any, regardless of
whether the victim appeared at the hearing or presented information to the
court. [1993 c.33 §214; 1993 c.546 §79; 1995 c.422 §78; 2019 c.634 §17; 2019
c.635 §24; 2021 c.474 §8]
Notes of Decisions
Cited in
14
cases (
1 in the last 5 years), 2004–2023 · leading case:
State v. J. C. N.-V., 380 P.3d 248 (Or. 2016).
State v. J. C. N.-V., 380 P.3d 248 (Or. 2016).
· cites it 10× “Under the relevant statutes, ORS 419C.352 and ORS 419C.349, a youth under the age of 15 who is alleged to have committed murder may be waived into adult court only if, at the time of the conduct, he or she “was of sufficient sophistication and maturity to appreciate the nature…”
State v. J. C. N.-V., 342 P.3d 1046 (Or. Ct. App. 2015).
· cites it 15× “Youth, who was 13 years and eight months old at the time of the alleged offense, was made eligible for adult prosecution by ORS 419C.352, which allows for discretionary waiver for 12- to 14-year-olds accused of certain crimes if the juvenile court “makes the findings required…”
State Ex Rel. Juv. Dept. v. Fitch, 84 P.3d 190 (Or. Ct. App. 2004).
· cites it 3× “349 (juveniles under the age of 15 who commit specified serious offenses); ORS 419C.352 (same); ORS 419C.364 (all future cases involving a juvenile age 16 or older whose current case is waived to circuit court); ORS 419C.”
State v. Godines, 236 P.3d 824 (Or. Ct. App. 2010).
· cites it 3× “For example, as introduced, section 56 provided that, when a person charged with one of five enumerated Measure 11 offenses is 14 years old at “the time the charges are filed,” that person would be prosecuted as an adult and subjected to certain mandatory minimum sentences;…”
State v. McCullough, 220 P.3d 1182 (Or. 2009).
“349(1) (juvenile court may transfer “a youth to a circuit, justice or municipal court of competent jurisdiction for prosecution as an adult” under specified circumstances); ORS 419C.352 (juvenile court may transfer “a youth under 15 years of age at the time the act was committed…”
State v. H. K. D. S. (A163158), 469 P.3d 770 (Or. Ct. App. 2020).
“See ORS 419C.352 (the juvenile court “may waive a youth under 15 years of age at the time the act was committed to a circuit court for prosecution as an adult” only if the youth is alleged to have committed “mur- der or any aggravated form thereof,” or if the youth is alleged to…”
Perez v. Cain, 473 P.3d 540 (Or. 2020).
“See ORS 419C.352 (2005) (permitting a youth under 15 years of age to be waived into adult court when the youth is alleged to have committed certain crimes, including aggravated murder).”
Perez v. Cain, 444 P.3d 506 (Or. Ct. App. 2019).
“Although one ground for relief alleged that trial counsel "erroneously advised petitioner to stipulate to *** a remand hearing to adult court and forgo the protections of a juvenile waiver hearing under ORS 419C.352," petitioner did not allege that the juvenile court had applied…”
State ex rel. Juv. Dep't v. Fitch, 84 P.3d 190 (Or. Ct. App. 2004).
· cites it 3× “349 (juveniles under the age of 15 who commit specified serious offenses); ORS 419C.352 (same); ORS 419C.364 (all future cases involving a juvenile age 16 or older whose current case is waived to circuit court); ORS 419C.”
State v. J. C. N.-V. (Or. 2016).
· cites it 10× “The state petitioned to waive youth into circuit court to be tried as an adult under ORS 419C.352, which provides for waiver of juveniles as young as 12 who allegedly have committed certain serious crimes.”
Perez v. Cain (D. Or. 2023).
· cites it 10× “[Petitioner’s] right to be free from cruel and unusual punishment guaranteed by the Eighth Amendment to the United States Constitution was violated by his prosecution, conviction, and sentence as an adult pursuant to the juvenile court waiver provisions of Or. Rev. Stat. §…”
— Or. Rev. Stat. § 419C.352(2) — 4 cases
State v. J. C. N.-V., 380 P.3d 248 (Or. 2016).
“Under the relevant statutes, ORS 419C.352 and ORS 419C.349, a youth under the age of 15 who is alleged to have committed murder may be waived into adult court only if, at the time of the conduct, he or she “was of sufficient sophistication and maturity to appreciate the nature…”
State v. J. C. N.-V., 342 P.3d 1046 (Or. Ct. App. 2015).
“Youth, who was 13 years and eight months old at the time of the alleged offense, was made eligible for adult prosecution by ORS 419C.352, which allows for discretionary waiver for 12- to 14-year-olds accused of certain crimes if the juvenile court “makes the findings required…”
State v. J. C. N.-V. (Or. 2016).
“The state petitioned to waive youth into circuit court to be tried as an adult under ORS 419C.352, which provides for waiver of juveniles as young as 12 who allegedly have committed certain serious crimes.”
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