Oregon Statutes - Chapter 161 - General Provisions

161.005 Short title.
ORS 161.005 to 161.055, 161.085 to 161.125, 161.150 to 161.175, 161.190 to 161.275, 161.290 to 161.370, 161.405 to 161.485, 161.505 to 161.585, 161.605, 161.615 to...
161.010 [Repealed by 1971 c.743 §432]
161.015 General definitions.
As used in chapter 743, Oregon Laws 1971, and ORS 166.635, unless the context requires otherwise: (1) �Dangerous weapon� means any weapon, device, instrument, material...
161.020 [Amended by 1967 c.372 §9; repealed by 1971 c.743 §432]
161.025 Purposes; principles of construction.
(1) The general purposes of chapter 743, Oregon Laws 1971, are: (a) To insure the public safety by preventing the commission of offenses through the...
161.030 [Amended by 1955 c.660 §20; 1967 c.372 §10; repealed by 1971 c.743 §432]
161.035 Application of Criminal Code.
(1) Chapter 743, Oregon Laws 1971, shall govern the construction of and punishment for any offense defined in chapter 743, Oregon Laws 1971, and committed...
161.040 [Repealed by 1971 c.743 §432]
161.045 Limits on application.
(1) Except as otherwise expressly provided, the procedure governing the accusation, prosecution, conviction and punishment of offenders and offenses is not regulated by chapter 743,...
161.050 [Repealed by 1971 c.743 §432]
161.055 Burden of proof as to defenses.
(1) When a �defense,� other than an �affirmative defense� as defined in subsection (2) of this section, is raised at a trial, the state has...
161.060 [Repealed by 1971 c.743 §432]
161.062 [1985 c.722 §4; 1991 c.386 §8; repealed by 1999 c.136 §1]
161.067 Determining punishable offenses for violation of multiple statutory provisions, multiple victims or repeated violations.
(1) When the same conduct or criminal episode violates two or more statutory provisions and each provision requires proof of an element that the others...
161.070 [Repealed by 1971 c.743 §432]
161.075 [1965 c.516 §1; repealed by 1971 c.743 §432]
161.080 [Repealed by 1971 c.743 §432]
161.085 Definitions with respect to culpability.
As used in chapter 743, Oregon Laws 1971, and ORS 166.635, unless the context requires otherwise: (1) �Act� means a bodily movement. (2) �Voluntary act�...
161.090 [Amended by 1967 c.372 §11; repealed by 1971 c.743 §432]
161.095 Requirements of culpability.
(1) The minimal requirement for criminal liability is the performance by a person of conduct which includes a voluntary act or the omission to perform...
161.100 [Repealed by 1971 c.743 §432]
161.105 Culpability requirements inapplicable to certain violations and offenses.
(1) Notwithstanding ORS 161.095, a culpable mental state is not required if: (a) The offense constitutes a violation, unless a culpable mental state is expressly...
161.110 [Repealed by 1971 c.743 §432]
161.115 Construction of statutes with respect to culpability.
(1) If a statute defining an offense prescribes a culpable mental state but does not specify the element to which it applies, the prescribed culpable...
161.120 [Repealed by 1971 c.743 §432]
161.125 Intoxication as defense; drug or controlled substance use or dependence as defense.
(1) The use of drugs or controlled substances, dependence on drugs or controlled substances or voluntary intoxication shall not, as such, constitute a defense to...
161.150 Criminal liability described.
A person is guilty of a crime if it is committed by the person�s own conduct or by the conduct of another for which the...
161.155 Criminal liability for conduct of another.
A person is criminally liable for the conduct of another person constituting a crime if: (1) The person is made criminally liable by the statute...
161.160 Exclusion of defenses to criminal liability for conduct of another.
In any prosecution for a crime in which criminal liability is based upon the conduct of another person pursuant to ORS 161.155, it is no...
161.165 Exemptions to criminal liability for conduct of another.
Except as otherwise provided by the statute defining the crime, a person is not criminally liable for conduct of another constituting a crime if: (1)...
161.170 Criminal liability of corporations.
(1) A corporation is guilty of an offense if: (a) The conduct constituting the offense is engaged in by an agent of the corporation while...
161.175 Criminal liability of an individual for corporate conduct.
A person is criminally liable for conduct constituting an offense which the person performs or causes to be performed in the name of or in...
161.190 Justification as a defense.
In any prosecution for an offense, justification, as defined in ORS 161.195 to 161.275, is a defense. [1971 c.743 §18]
161.195 �Justification� described.
(1) Unless inconsistent with other provisions of chapter 743, Oregon Laws 1971, defining justifiable use of physical force, or with some other provision of law,...
161.200 Choice of evils.
(1) Unless inconsistent with other provisions of chapter 743, Oregon Laws 1971, defining justifiable use of physical force, or with some other provision of law,...
161.205 Use of physical force generally.
The use of physical force upon another person that would otherwise constitute an offense is justifiable and not criminal under any of the following circumstances:...
161.209 Use of physical force in defense of a person.
Except as provided in ORS 161.215 and 161.219, a person is justified in using physical force upon another person for self-defense or to defend a...
161.210 [Repealed by 1971 c.743 §432]
161.215 Limitations on use of physical force in defense of a person.
Notwithstanding ORS 161.209, a person is not justified in using physical force upon another person if: (1) With intent to cause physical injury or death...
161.219 Limitations on use of deadly physical force in defense of a person.
Notwithstanding the provisions of ORS 161.209, a person is not justified in using deadly physical force upon another person unless the person reasonably believes that...
161.220 [Repealed by 1971 c.743 §432]
161.225 Use of physical force in defense of premises.
(1) A person in lawful possession or control of premises is justified in using physical force upon another person when and to the extent that...
161.229 Use of physical force in defense of property.
A person is justified in using physical force, other than deadly physical force, upon another person when and to the extent that the person reasonably...
161.230 [Repealed by 1971 c.743 §432]
161.235 Use of physical force in making an arrest or in preventing an escape.
Except as provided in ORS 161.239, a peace officer is justified in using physical force upon another person only when and to the extent that...
161.239 Use of deadly physical force in making an arrest or in preventing an escape.
(1) Notwithstanding the provisions of ORS 161.235, a peace officer may use deadly physical force only when the peace officer reasonably believes that: (a) The...
161.240 [Repealed by 1971 c.743 §432]
161.245 �Reasonable belief� described; status of unlawful arrest.
(1) For the purposes of ORS 161.235 and 161.239, a reasonable belief that a person has committed an offense means a reasonable belief in facts...
161.249 Use of physical force by private person assisting an arrest.
(1) Except as provided in subsection (2) of this section, a person who has been directed by a peace officer to assist the peace officer...
161.250 [Repealed by 1971 c.743 §432]
161.255 Use of physical force by private person making citizen�s arrest.
(1) Except as provided in subsection (2) of this section, a private person acting on the person�s own account is justified in using physical force...
161.260 Use of physical force in resisting arrest prohibited.
A person may not use physical force to resist an arrest by a peace officer who is known or reasonably appears to be a peace...
161.265 Use of physical force to prevent escape.
(1) A guard or other peace officer employed in a correctional facility, as that term is defined in ORS 162.135, is justified in using physical...
161.267 Use of physical force by corrections officer or official employed by Department of Corrections.
(1) As used in this section: (a) �Colocated minimum security facility� means a Department of Corrections institution that has been designated by the Department of...
161.270 Duress.
(1) The commission of acts which would otherwise constitute an offense, other than murder, is not criminal if the actor engaged in the proscribed conduct...
161.275 Entrapment.
(1) The commission of acts which would otherwise constitute an offense is not criminal if the actor engaged in the proscribed conduct because the actor...
161.290 Incapacity due to immaturity.
(1) A person who is tried as an adult in a court of criminal jurisdiction is not criminally responsible for any conduct which occurred when...
161.295 Effect of mental disease or defect; guilty except for insanity.
(1) A person is guilty except for insanity if, as a result of mental disease or defect at the time of engaging in criminal conduct,...
161.300 Evidence of disease or defect admissible as to intent.
Evidence that the actor suffered from a mental disease or defect is admissible whenever it is relevant to the issue of whether the actor did...
161.305 Disease or defect as affirmative defense.
Mental disease or defect constituting insanity under ORS 161.295 is an affirmative defense. [1971 c.743 §38; 1983 c.800 §2]
161.309 Notice prerequisite to defense; content.
(1) No evidence may be introduced by the defendant on the issue of insanity under ORS 161.295, unless the defendant gives notice of intent to...
161.310 [Repealed by 1971 c.743 §432]
161.313 Jury instructions; insanity.
When the issue of insanity under ORS 161.295 is submitted to be determined by a jury in the trial court, the court shall instruct the...
161.315 Right of state to obtain mental examination of defendant; limitations.
Upon filing of notice or the introduction of evidence by the defendant as provided in ORS 161.309 (3), the state shall have the right to...
161.319 Form of verdict on guilty except for insanity.
When the defendant is found guilty except for insanity under ORS 161.295, the verdict and judgment shall so state. [1971 c.743 §43; 1977 c.380 §4;...
161.320 [Repealed by 1971 c.743 §432]
161.325 Entry of judgment of guilty except for insanity; order to include whether victim wants notice of hearings or release of defendant; blood or buccal testing upon judgment.
(1) After entry of judgment of guilty except for insanity, the court shall, on the basis of the evidence given at the trial or at...
161.326 Commission of crime by person under board jurisdiction; notice to victim.
(1) Whenever a person already under the board�s jurisdiction commits a new crime, the court or the board shall make the findings described in ORS...
161.327 Order giving jurisdiction to Psychiatric Security Review Board; court to commit or conditionally release defendant; notice to board; appeal.
(1)(a) Following the entry of a judgment pursuant to ORS 161.319 and the dispositional determination under ORS 161.325, if the court finds that the person...
161.328 Initiation of civil commitment proceedings.
Following the entry of a judgment pursuant to ORS 161.319 and the dispositional determination under ORS 161.325, if the court finds that the person would...
161.329 Order of discharge.
Following the entry of a judgment pursuant to ORS 161.319 and the dispositional determination under ORS 161.325, if the court finds that the person is...
161.330 [Repealed by 1971 c.743 §432]
161.332 �Conditional release� defined.
As used in ORS 161.315 to 161.351 and 161.385 to 161.395, �conditional release� includes, but is not limited to, the monitoring of mental and physical...
161.335 [1971 c.743 §46; 1973 c.137 §1; 1975 c.380 §1; repealed by 1977 c.380 §10 (161.336 enacted in lieu of 161.335)]
161.336 Conditional release by Psychiatric Security Review Board; supervision by board; termination or modification of conditional release; hearing.
(1) If the Psychiatric Security Review Board determines that the person presents a substantial danger to others but can be adequately controlled with supervision and...
161.340 [1971 c.743 §47; 1975 c.380 §2; repealed by 1977 c.380 §12 (161.341 enacted in lieu of 161.340)]
161.341 Order of commitment; application for discharge or conditional release; release plan.
(1) If the Psychiatric Security Review Board finds, upon its initial hearing, that the person presents a substantial danger to others and is not a...
161.345 [1971 c.743 §48; repealed by 1977 c.380 §14 (161.346 enacted in lieu of 161.345)]
161.346 Hearings on discharge, conditional release, commitment or modification; psychiatric reports; notice of hearing.
(1) The Psychiatric Security Review Board shall conduct hearings upon any application for discharge, conditional release, commitment or modification filed pursuant to ORS 161.336, 161.341...
161.350 [1971 c.743 §49; 1975 c.380 §3; repealed by 1977 c.380 §16 (161.351 enacted in lieu of 161.350)]
161.351 Discharge of person under jurisdiction of board; periodic review of status.
(1) Any person placed under the jurisdiction of the Psychiatric Security Review Board pursuant to ORS 161.336 or 161.341 shall be discharged at such time...
161.360 Mental disease or defect excluding fitness to proceed.
(1) If, before or during the trial in any criminal case, the court has reason to doubt the defendant�s fitness to proceed by reason of...
161.365 Procedure for determining issue of fitness to proceed.
(1) Whenever the court has reason to doubt the defendant�s fitness to proceed by reason of incapacity as defined in ORS 161.360, the court may...
161.370 Determination of fitness; effect of finding of unfitness; proceedings if fitness regained; pretrial objections by defense counsel.
(1) When the defendant�s fitness to proceed is drawn in question, the issue shall be determined by the court. If neither the prosecuting attorney nor...
161.375 Escape of person placed at hospital or facility; authority to order arrest.
(1) When a patient, who has been placed at the Oregon State Hospital for evaluation, care, custody and treatment under the jurisdiction of the Psychiatric...
161.380 [1971 c.743 §53; renumbered 161.290]
161.385 Psychiatric Security Review Board; composition, term, qualifications, compensation, appointment, confirmation and meetings; judicial review of orders.
(1) There is hereby created a Psychiatric Security Review Board consisting of 10 members appointed by the Governor and subject to confirmation by the Senate...
161.387 Board to implement policies; rulemaking; meetings not deliberative under public meeting requirements.
(1) The Psychiatric Security Review Board, by rule pursuant to ORS 183.325 to 183.410 and not inconsistent with law, may implement its policies and set...
161.390 Rules for assignment of persons to state mental hospitals or secure intensive community inpatient facilities; release plan prepared by Department of Human Services.
(1) The Department of Human Services shall promulgate rules for the assignment of persons to state mental hospitals or secure intensive community inpatient facilities under...
161.395 Subpoena power of board.
(1) Upon request of any party to a hearing before the board, the board or its designated representatives shall issue, or the board on its...
161.397 Psychiatric Security Review Board Account.
The Psychiatric Security Review Board Account is established separate and distinct from the General Fund. All moneys received by the Psychiatric Security Review Board, other...
161.400 Leave of absence; notice to board.
If, at any time after the commitment of a person to a state hospital or a secure intensive community inpatient facility under ORS 161.341 (1),...
161.403 [1983 c.800 §14; repealed by 1993 c.77 §1]
161.405 �Attempt� described.
(1) A person is guilty of an attempt to commit a crime when the person intentionally engages in conduct which constitutes a substantial step toward...
161.425 Impossibility not a defense.
In a prosecution for an attempt, it is no defense that it was impossible to commit the crime which was the object of the attempt...
161.430 Renunciation as a defense to attempt.
(1) A person is not liable under ORS 161.405 if, under circumstances manifesting a voluntary and complete renunciation of the criminal intent of the person,...
161.435 �Solicitation� described.
(1) A person commits the crime of solicitation if with the intent of causing another to engage in specific conduct constituting a crime punishable as...
161.440 Renunciation as defense to solicitation.
(1) It is a defense to the crime of solicitation that the person soliciting the crime, after soliciting another person to commit a crime, persuaded...
161.450 �Conspiracy� described.
(1) A person is guilty of criminal conspiracy if with the intent that conduct constituting a crime punishable as a felony or a Class A...
161.455 Conspiratorial relationship.
If a person is guilty of conspiracy, as defined in ORS 161.450, and knows that a person with whom the person conspires to commit a...
161.460 Renunciation as defense to conspiracy.
(1) It is a defense to a charge of conspiracy that the actor, after conspiring to commit a crime, thwarted commission of the crime which...
161.465 Duration of conspiracy.
For the purpose of application of ORS 131.125: (1) Conspiracy is a continuing course of conduct which terminates when the crime or crimes which are...
161.475 Defenses to solicitation and conspiracy.
(1) Except as provided in subsection (2) of this section, it is immaterial to the liability of a person who solicits or conspires with another...
161.485 Multiple convictions barred in inchoate crimes.
(1) It is no defense to a prosecution under ORS 161.405, 161.435 or 161.450 that the offense the defendant either attempted to commit, solicited to...
161.505 �Offense� described.
An offense is conduct for which a sentence to a term of imprisonment or to a fine is provided by any law of this state...
161.515 �Crime� described.
(1) A crime is an offense for which a sentence of imprisonment is authorized. (2) A crime is either a felony or a misdemeanor. [1971...
161.525 �Felony� described.
Except as provided in ORS 161.585 and 161.705, a crime is a felony if it is so designated in any statute of this state or...
161.535 Classification of felonies.
(1) Felonies are classified for the purpose of sentence into the following categories: (a) Class A felonies; (b) Class B felonies; (c) Class C felonies;...
161.545 �Misdemeanor� described.
A crime is a misdemeanor if it is so designated in any statute of this state or if a person convicted thereof may be sentenced...
161.555 Classification of misdemeanors.
(1) Misdemeanors are classified for the purpose of sentence into the following categories: (a) Class A misdemeanors; (b) Class B misdemeanors; (c) Class C misdemeanors;...
161.565 [1971 c.743 §71; 1987 c.783 §1; 1989 c.1053 §17; 1991 c.111 §17; 1993 c.533 §4; 1997 c.852 §12; repealed by 1999 c.1051 §49]
161.566 Misdemeanor treated as violation; prosecuting attorney�s election.
(1) Except as provided in subsection (4) of this section, a prosecuting attorney may elect to treat any misdemeanor as a Class A violation. The...
161.568 Misdemeanor treated as violation; court�s election.
(1) Except as provided in subsection (4) of this section, a court may elect to treat any misdemeanor as a Class A violation for the...
161.570 Felony treated as misdemeanor.
(1) As used in this section, �nonperson felony� has the meaning given that term in the rules of the Oregon Criminal Justice Commission. (2) A...
161.575 [1971 c.743 §72; repealed by 1999 c.1051 §49]
161.585 Classification of certain crimes determined by punishment.
(1) When a crime punishable as a felony is also punishable by imprisonment for a maximum term of one year or by a fine, the...
161.605 Maximum prison terms for felonies.
The maximum term of an indeterminate sentence of imprisonment for a felony is as follows: (1) For a Class A felony, 20 years. (2) For...
161.610 Enhanced penalty for use of firearm during commission of felony; pleading; minimum penalties; suspension or reduction of penalty.
(1) As used in this section, �firearm� means a weapon which is designed to expel a projectile by the action of black powder or smokeless...
161.615 Prison terms for misdemeanors.
Sentences for misdemeanors shall be for a definite term. The court shall fix the term of imprisonment within the following maximum limitations: (1) For a...
161.620 Sentences imposed upon waiver from juvenile court.
Notwithstanding any other provision of law, a sentence imposed upon any person waived from the juvenile court under ORS 419C.349, 419C.352, 419C.364 or 419C.370 shall...
161.625 Fines for felonies.
(1) A sentence to pay a fine for a felony shall be a sentence to pay an amount, fixed by the court, not exceeding: (a)...
161.635 Fines for misdemeanors.
(1) A sentence to pay a fine for a misdemeanor shall be a sentence to pay an amount, fixed by the court, not exceeding: (a)...
161.645 Standards for imposing fines.
In determining whether to impose a fine and its amount, the court shall consider: (1) The financial resources of the defendant and the burden that...
161.655 Fines for corporations.
(1) A sentence to pay a fine when imposed on a corporation for an offense defined in the Oregon Criminal Code or for an offense...
161.665 Costs.
(1) Except as provided in ORS 151.505, the court, only in the case of a defendant for whom it enters a judgment of conviction, may...
161.675 Time and method of payment of fines, restitution and costs.
(1) When a defendant, as a part of a sentence or as condition of probation or suspension of sentence, is required to pay a sum...
161.685 Effect of nonpayment of fines, restitution or costs; report to consumer reporting agency; rules.
(1) When a defendant who has been sentenced or ordered to pay a fine, or to make restitution as defined in ORS 137.103, defaults on...
161.705 Reduction of certain felonies to misdemeanors.
Notwithstanding ORS 161.525, the court may enter judgment of conviction for a Class A misdemeanor and make disposition accordingly when: (1)(a) A person is convicted...
161.715 Standards for discharge of defendant.
(1) Any court empowered to suspend imposition or execution of sentence or to sentence a defendant to probation may discharge the defendant if: (a) The...
161.725 Standards for sentencing of dangerous offenders.
(1) Subject to the provisions of ORS 161.737, the maximum term of an indeterminate sentence of imprisonment for a dangerous offender is 30 years, if...
161.735 Procedure for determining whether defendant dangerous.
(1) Upon motion of the district attorney, and if, in the opinion of the court, there is reason to believe that the defendant falls within...
161.737 Sentence imposed on dangerous offender as departure from sentencing guidelines.
(1) A sentence imposed under ORS 161.725 and 161.735 for felonies committed on or after November 1, 1989, shall constitute a departure from the sentencing...

Last modified: August 7, 2008