State v. Oman , 254 Or. 59 ( 1969 )

GOODWIN, J.

A sixteen-year-old boy appeals from a decision in the juvenile court declaring him to be a ward of the court and placing him on probation. He was accused of violating OBS 167.210 by taking sexual liberties with a fourteen-year-old girl.

The first assignment of error challenges the refusal of the court to grant the juvenile’s request to be tried by a jury. The right to a jury trial of a contested charge of conduct which, if committed by an adult, would be criminal, is not a requirement of due process for juveniles. State v. Turner, 253 Or 235, 453 P2d 910 (1969).

The second assignment of error asserts that OBS 167.210 is unconstitutionally vague. For the purposes of this case, we deem it immaterial that the defendant is himself a juvenile. He has the same right to challenge the constitutionality of the statute an adult defendant would have.

For the reasons set forth in State v. Hodges, 254 Or 21, 457 P2d 491, the portion of ORS 167.210 ■under which the juvenile is charged with misconduct is unconstitutional, and the finding of wardship must he set aside. The cause is remanded to the trial court for further proceedings that may he consistent with the rights of the juvenile and the jurisdiction of the court under Chapter 419 of the Oregon Revised Statutes.

Reversed and remanded.