A person may not be tried or punished for any offense provided for in ORS 398.302 to 398.400, unless:
(1) The offense was committed while the person was in a duty status during a period of time in which the person was under lawful orders to be in a duty status; or
(2) The offense charged has a connection with the military duties of the person. For purposes of this subsection, the required connection with military duties is conclusively established for offenses for which there is no equivalent offense in the general criminal laws of this state and for offenses involving wrongful use, possession, manufacture, distribution or introduction of a substance described in ORS 398.391 (2) in violation of ORS 398.391. [1961 c.454 §152; 1975 c.719 §30; 1999 c.157 §6; 2005 c.512 §26]
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