State v. C. S.

Youth was found within the juvenile court’s jurisdiction for committing acts that, if committed by an adult, would constitute three counts of menacing, ORS 163.190.1 On appeal, youth argues that the evidence was legally insufficient to show that his words and conduct would have caused fear of “imminent serious physical injury” in an objectively reasonable person. For the reasons that follow, we agree and, therefore, reverse.2

This case arose out of a series of statements made by youth, a 12-year-old middle school student, to three of his classmates, JH (age 12), MS (age 12), and MH (age 13).…