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Oregon Revised Statutes

Or. Rev. Stat. § 419C.358 (2026)

Consolidation of nonwaivable and waivable charges

✓ current as of May 2026
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      419C.358 Consolidation of nonwaivable and waivable charges. (1) Except as otherwise provided in subsection (2) of this section and ORS 137.707 (6), when a person is waived for prosecution as an adult, the person shall be waived only on the actual charges justifying the waiver under ORS 419C.349 or 419C.352, as the case may be.

      (2) Any nonwaivable charges arising out of the same act or transaction as the waivable charge shall be consolidated with the waivable charge. [1993 c.33 §216; 1993 c.546 §82; 2019 c.634 §19]

Notes of Decisions
Cited in 4 cases, 2015–2016 · leading case: State v. J. C. N.-V., 380 P.3d 248 (Or. 2016).
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State v. J. C. N.-V., 380 P.3d 248 (Or. 2016). “352, the nonwaivable robbery and weapons charges were consolidated “for purposes of conducting the adjudicatory hearing” under ORS 419C.358. In the meantime, youth’s criminal prosecution proceeded in Washington County Circuit Court.”
State v. J. C. N.-V., 342 P.3d 1046 (Or. Ct. App. 2015). “The court considered only the aggravated murder charge in its waiver decision, but the court ultimately ordered that youth be waived to adult court on the charges for robbery and unlawful use of a weapon, as well.”
State v. J. C. N.-V. (Or. 2016). “It opined that the legislature had drawn the provision’s “nature and quality” wording from the common- law test for criminal capacity as it relates to the insanity 2 Although the aggravated murder charge was the only charge against youth that was waivable under ORS 419C.”
State v. J. C. N.-V. (Or. 2016). “2 Although the aggravated murder charge was the only charge against youth that was waivable under ORS 419C.”
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