Oregon Revised Statutes

Or. Rev. Stat. § 419C.361 (2026)

Disposition of nonwaivable consolidated charges and lesser included offenses

✓ current as of May 2026

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419C.361 Disposition of nonwaivable consolidated charges and lesser included offenses. (1)(a) Notwithstanding that the juvenile court has waived the case under ORS 419C.349, 419C.352, 419C.364 or 419C.370, the court of waiver shall return the case to the juvenile court unless an accusatory instrument is filed in the court of waiver alleging, in the case of a person under 15 years of age, a crime listed in ORS 419C.352 or, in the case of any other person, a crime described in ORS 419C.349 (1).

(b) When a trial has been held in the court of waiver upon an accusatory instrument alleging a crime listed in ORS 419C.349 (1)(b) or 419C.352, as the case may be, and the person is found guilty of any lesser included offense that is not itself a waivable offense, the trial court shall not sentence the defendant therein, but the trial court shall order a presentence report to be made in the case, shall set forth in a memorandum such observations as the court may make regarding the case and shall then return the case to the juvenile court in order that the juvenile court make disposition in the case based upon the guilty finding in the court of waiver. Disposition shall be as if the juvenile court itself had found the youth to be in its jurisdiction pursuant to ORS 419C.005. The records and consequences of the case shall, in all respects, be as if the juvenile court itself had found the youth to be in its jurisdiction pursuant to ORS 419C.005. When the person is found guilty of a nonwaivable charge that was consolidated with a waivable charge under ORS 419C.358, the case shall be returned to the juvenile court for disposition as provided in this subsection for lesser included offenses.

(2) Nothing in this section or ORS 419C.358 applies to a waiver under ORS 419C.364 or 419C.370. [1993 c.33 §217; 1993 c.546 §83; 2019 c.634 §20]

Notes of Decisions

Cited in 5 cases, 1997–2005 · leading case: State v. Behl, 564 N.W.2d 560 (Minn. 1997).

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State v. Behl, 564 N.W.2d 560 (Minn. 1997). · cites it 2× “Or.Rev.Stat. § 419C.361 (1995). [3] In addition, Behl points to Minnesota's extended-jurisdiction juvenile statute ("EJJ") and its provision that a child prosecuted as an extended jurisdiction juvenile after designation by the prosecutor in the delinquency petition is convicted…”

State v. Manro, 125 Wash. App. 165 (Wash. Ct. App. 2005). “361 (providing that if “the person is found guilty of any lesser included offense that is not itself a waivable offense, the trial court shall not sentence the defendant therein, but the trial court shall order a presentence report to be made in the case, shall set forth in a…”

State Ex Rel. Juv. Dept. v. Fitch, 84 P.3d 190 (Or. Ct. App. 2004). “349; ORS 419C.361. It follows from Thompson that Fowler could not have committed a "crime punishable as a felony" because he could not have been either prosecuted in a "criminal prosecution" or punished; he could only be adjudicated for his conduct in a juvenile proceeding.”

State ex rel. Juv. Dep't v. Fitch, 84 P.3d 190 (Or. Ct. App. 2004). “It follows from Thompson that Fowler could not have committed a “crime punishable as a felony” because he could not have been either prosecuted in a “criminal prosecution” or punished; he could only be adjudicated for his conduct in a juvenile proceeding.”

State Ex Rel. Juv. Dep't v. Newell, 25 P.3d 382 (Or. Ct. App. 2001). “See ORS 419C.361. The juvenile court ordered that youth be made a ward of the court and that he be committed to OYA for a period not to exceed six years.”

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