In Re Interest of Siebert

The State instituted this proceeding to have Rory A. Siebert declared subject to the juvenile court’s jurisdiction as a delinquent under the provisions of Neb. Rev. Stat. § 43-247(1) (Reissue 1984), alleging that Siebert was under 16 years of age and had committed “an infraction under the laws of this state.” Specifically, the State claimed that Siebert had violated Neb. Rev. Stat. § 28-310(l)(b) (Reissue 1985), which provides that one commits a third degree assault if he “[tjhreatens another in *455a menacing manner.” Siebert challenged the constitutionality of § 28-310(l)(b), claiming it to be…