State ex rel. Juvenile Department v. Evans

Youth appeals from a judgment finding him to be within the jurisdiction of the court for committing acts that, if committed by an adult, would constitute public indecency. ORS 163.465.1 Youth contends that the state has not proved either of two requisite statutory elements: (1) that the act be committed in, or in view of, a public place, and (2) that the act be committed “with the intent of arousing the sexual desire” of himself or another. We reverse.

We review de novo, ORS 419A.200(5), giving due deference to the credibility determinations made by the juvenile court judge. State ex rel Juv.…