- Court: Oregon Court of Appeals
- Area(s) of Law: Juvenile Law
- Date Filed: 05-02-2012
- Case #: A142575
- Judge(s)/Court Below: Brewer, P.J. for the Court; Haselton, C.J.; and Duncan, J.
- Full Text Opinion
Youth appealed the juvenile court's judgment that if she was an adult, her conduct constituted harassment and was therefore under the juvenile court's jurisdiction. Youth pushed her Mother after she felt threatened. At trial, Youth stated she did not intend to harm or annoy Mother but the trial court held that Youth's conduct was harassment under ORS 166.065 because a parent has the right to use reasonable force when controlling a child. On appeal, Youth challenged the juvenile court's determination of harassment and subsequent jurisdiction by contending the juvenile court made a factual finding. Per ORS 166.065, harassment constitutes annoying or harassing another person by offensively touching that person. The Court held that the evidence presented supported the juvenile court's determination that Youth intended to harass or annoy Mother. Affirmed.