- Court: Oregon Court of Appeals
- Area(s) of Law: Criminal Law
- Date Filed: 12-02-2015
- Case #: A154245
- Judge(s)/Court Below: Garrett, J. for the Court; Ortega, P.J.; & DeVore, J.
Youth was charged with menacing three other youths that attended the same school. The trial court held that when youth would walk down the hall and slide his finger across his throat and say die, that satisfied the imminent element of ORS 163.190. On review, the Court considered whether the reasonable person would be placed in imminent fear of serious physical injury. The Court held that the State's argument that the harm could happen at any time instead of "impending, near at hand, or menacingly near was incorrect and that the juvenile court erred in finding Youth within the court's jurisdiction. Judgment on Counts 1, 3, and 4 reversed; otherwise affirmed.