Opinion
9006-81563; CA A68127
Argued and submitted September 27, 1991
Reversed February 12, 1992
Appeal from Circuit Court, Multnomah County.
Stephen B. Herrell, Judge.
Theodore M. Brindle, Portland, argued the cause for appellant. With him on the brief was McKeown Brindle, P.C., Portland.
Carol J. Fredrick, Assistant Attorney General, Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Attorney General, and Virginia L. Linder, Solicitor General, Salem.
Before Buttler, Presiding Judge, and Rossman and De Muniz, Judges.
PER CURIAM
Reversed.
The petition to establish juvenile court jurisdiction over child alleged that he had committed an act that, if he were an adult, would constitute sexual abuse in the first degree. Former ORS 163.425(1)(a)(A). The court, however, found that he had engaged in conduct constituting harassment. ORS 166.065. The state concedes that harassment is not a lesser included offense of sexual abuse. We accept the concession and reverse.
The crime of sexual abuse in the first degree is now codified at ORS 163.427. Or Laws 1991, ch 830, § 3.
Reversed.