Youth appeals an order of disposition that found that he had committed acts that, if committed by an adult, would constitute unlawful manufacturing of a destructive device. ORS 166.384. He challenges the sufficiency of the evidence, arguing that the state failed to prove beyond a reasonable doubt that he possessed a "destructive device." According to youth, at best, he possessed a lawful firework, which is expressly excluded from the statutory definition of "destructive device." On de novo review, ORS 419A.200(6)(b), we affirm.
The relevant facts are not in dispute. Youth, while an eighth-grade student, possessed a lawful firework, commonly known as a "Piccolo Pete." He hammered the firework flat and wrapped it in duct tape. He then brought the device to school, where one of his teachers discovered it and contacted the police.
The state alleged that youth was within the jurisdiction of the juvenile court because his acts constituted the unlawful manufacture of a destructive device, in violation of ORS 166.384, which provides, in part:
"(1) A person commits the crime of unlawful manufacture of a destructive device if the person assembles, produces or otherwise manufactures:
"(a) A destructive device, as defined in ORS 166.382[.]"