Oregon
Oregon Revised Statutes — Oregon Criminal Code (Ch. 161–167)
1,192 sections, each with the official text and a plain-English explanation of what it means for you.
- § 161.005 — to 161.055, 161.065,
- § 161.010 — [Repealed by 1971 c.743 §432]
- § 161.015 — General definitions
- § 161.020 — [Amended by 1967 c.372 §9; repealed by 1971 c.743 §432]
- § 161.025 — Purposes; principles of construction
- § 161.030 — [Amended by 1955 c.660 §20; 1967 c.372 §10; repealed by 1971 c.743 §432]
- § 161.035 — Application of Criminal Code
- § 161.040 — [Repealed by 1971 c.743 §432]
- § 161.045 — Limits on application
- § 161.050 — [Repealed by 1971 c.743 §432]
- § 161.055 — Burden of proof as to defenses
- § 161.060 — [Repealed by 1971 c.743 §432]
- § 161.062 — [1985 c.722 §4; 1991 c.386 §8; repealed by 1999 c.136 §1]
- § 161.065 — Evidence of physical injury
- § 161.067 — Determining punishable offenses for violation of multiple statutory provisions, multiple victims or repeated violations
- § 161.070 — [Repealed by 1971 c.743 §432]
- § 161.075 — [1965 c.516 §1; repealed by 1971 c.743 §432]
- § 161.080 — [Repealed by 1971 c.743 §432] CRIMINAL LIABILITY
- § 161.085 — Definitions with respect to culpability
- § 161.090 — [Amended by 1967 c.372 §11; repealed by 1971 c.743 §432]
- § 161.095 — Requirements for criminal liability
- § 161.100 — [Repealed by 1971 c.743 §432]
- § 161.105 — Culpability requirement inapplicable to certain violations and offenses
- § 161.110 — [Repealed by 1971 c.743 §432]
- § 161.115 — Construction of statutes with respect to culpability
- § 161.120 — [Repealed by 1971 c.743 §432]
- § 161.125 — Drug or controlled substance use or dependence or intoxication as defense
- § 161.150 — Criminal liability described
- § 161.155 — Criminal liability for conduct of another
- § 161.160 — Exclusion of defenses to criminal liability for conduct of another
- § 161.165 — Exemptions to criminal liability for conduct of another
- § 161.170 — Criminal liability of corporations
- § 161.175 — Criminal liability of an individual for corporate conduct
- § 161.190 — Justification as a defense
- § 161.195 — “Justification” described
- § 161.200 — Choice of evils
- § 161.205 — Use of physical force generally
- § 161.209 — and 161.215
- § 161.210 — [Repealed by 1971 c.743 §432]
- § 161.215 — Limitations on use of physical force in defense of a person
- § 161.219 — Limitations on use of deadly physical force in defense of a person
- § 161.220 — [Repealed by 1971 c.743 §432]
- § 161.225 — Use of physical force in defense of premises
- § 161.229 — Use of physical force in defense of property
- § 161.230 — [Repealed by 1971 c.743 §432]
- § 161.233 — Use of physical force by peace officer
- § 161.235 — [1971 c.743 §27; 2020 s.s.1 c.3 §3; repealed by 2021 s.s.2 c.3 §17]
- § 161.237 — and 421.107, a corrections officer or other official employed by the Department of Corrections is justified in using physical force, including deadly physical force, when and to the extent that the officer or official reasonably believes it necessary to: (a) Prevent the escape of an adult in custody
- § 161.239 — [1971 c.743 §28; 2020 s.s.2 c.3 §3; repealed by 2020 s.s.2 c.3 §17]
- § 161.240 — [Repealed by 1971 c.743 §432]
- § 161.242 — Use of deadly physical force by peace officer
- § 161.245 — “Reasonable belief” described; status of unlawful arrest
- § 161.249 — Use of physical force by private person assisting an arrest
- § 161.250 — [Repealed by 1971 c.743 §432]
- § 161.255 — Use of physical force by private person making citizen’s arrest
- § 161.260 — Use of physical force in resisting arrest prohibited
- § 161.265 — Use of physical force by guard or peace officer employed in correctional facility
- § 161.267 — Use of physical force by corrections officer or official employed by Department of Corrections
- § 161.270 — Duress
- § 161.275 — Entrapment
- § 161.290 — Incapacity due to immaturity
- § 161.295 — unless: (a) The court, in its discretion, permits the evidence to be introduced when just cause for failure to file the report is shown; and (b) If the defendant is charged with a felony, the defendant is tried by a jury
- § 161.300 — at the time of the criminal act charged
- § 161.305 — Qualifying mental disorder as affirmative defense
- § 161.309 — Notice of mental defense; when report required; contents of report; plea
- § 161.310 — [Repealed by 1971 c.743 §432]
- § 161.313 — Jury instructions; insanity
- § 161.315 — to 161.351, the board shall enter an order and make findings in support of the order
- § 161.319 — Form of verdict on guilty except for insanity
- § 161.320 — [Repealed by 1971 c.743 §432]
- § 161.325 — (2), the board shall make a reasonable effort to notify the victim of hearings and orders, conditional release, discharge or escape
- § 161.326 — Notice to victim
- § 161.327 — Commitment or conditional release of person found guilty except for insanity of felony; consultation; evaluation; appeal; rules
- § 161.328 — Commitment of person found guilty except for insanity of misdemeanor
- § 161.329 — Order of discharge
- § 161.330 — [Repealed by 1971 c.743 §432]
- § 161.332 — “Conditional release” defined
- § 161.335 — [1971 c.743 §46; 1973 c.137 §1; 1975 c.380 §1; repealed by 1977 c.380 §10 (
- § 161.336 — Conditional release by board; order for return; termination or modification of conditional release; hearing
- § 161.340 — [1971 c.743 §47; 1975 c.380 §2; repealed by 1977 c.380 §12 (
- § 161.341 — (3)
- § 161.345 — [1971 c.743 §48; repealed by 1977 c.380 §14 (
- § 161.346 — (2) or as otherwise needed by the court; (b) Shall act in conformance with subsection (2)(b) of this section concerning an order for a local mental health program designated by the board to consult with the person; (c) Shall have as its primary concern the protection of society; and (d) May not orde
- § 161.348 — Judicial review
- § 161.349 — Person committed under ORS
- § 161.350 — [1971 c.743 §49; 1975 c.380 §3; repealed by 1977 c.380 §16 (
- § 161.351 — to a state hospital or a secure intensive community inpatient facility, the superintendent of the hospital or the director of the secure intensive community inpatient facility is of the opinion that the person is no longer affected by a qualifying mental disorder, or, if so affected, no longer prese
- § 161.353 — and 192.311 to 192.478
- § 161.355 — to 161.371, are confidential and may be made available only: (A) To the court, prosecuting attorney, defense attorney, agent of the prosecuting or defense attorney, defendant, community mental health program director or designee, state mental hospital and any facility in which the defendant is house
- § 161.360 — Qualifying mental disorder affecting fitness to proceed
- § 161.362 — and 426.160, the court may enter an order allowing either party to access or use one or more reports from examinations o
- § 161.363 — that the defendant lacks fitness to proceed, the criminal proceeding against the defendant shall be suspended and the court shall proceed in accordance with this subsection
- § 161.365 — (1), if applicable, from any information provided by community-based mental health providers or any other sources, and primary and secondary release criteria as defined in ORS 135.230, the appropriate community restoration services are not present and available in the community
- § 161.367 — (6)
- § 161.370 — (7), the director or designee may recommend a placement option other than a placement at a facility that is of the most restrictive class under the classification system described in ORS 426.035 only if, in the opinion of the director, the defendant may be appropriately served in such an environment
- § 161.371 — (1) is submitted to the court fewer than five days prior to the expiration of the initial maximum commitment period, no later than five days after the petition for the extension is filed
- § 161.372 — Involuntary administration of medication for fitness to proceed; hearing; court order; confidentiality
- § 161.373 — Records for fitness to proceed examination; compliance with court order
- § 161.375 — Escape of person placed at hospital or facility; authority to order arrest
- § 161.380 — [1971 c.743 §53; renumbered 161.290]
- § 161.385 — Psychiatric Security Review Board; composition, term, qualifications, compensation, appointment, confirmation and meetings
- § 161.387 — Board to implement policies; rulemaking
- § 161.390 — Rules for assignment of persons to state mental hospitals or secure intensive community inpatient facilities; release plan prepared by Oregon Health Authority
- § 161.392 — Certification of psychiatrists and licensed psychologists; rules; fees
- § 161.395 — Subpoena power
- § 161.397 — Psychiatric Security Review Board Account
- § 161.398 — Restorative justice program; rules
- § 161.400 — Leave of absence; notice to board
- § 161.403 — [1983 c.800 §14; repealed by 1993 c.77 §1] INCHOATE CRIMES
- § 161.405 — “Attempt” described
- § 161.425 — Impossibility not a defense
- § 161.430 — Renunciation as a defense to attempt
- § 161.435 — Solicitation
- § 161.440 — Renunciation as defense to solicitation
- § 161.450 — “Criminal conspiracy” described
- § 161.455 — Conspiratorial relationship
- § 161.460 — Renunciation as defense to conspiracy
- § 161.465 — Duration of conspiracy
- § 161.475 — Defenses to solicitation and conspiracy
- § 161.485 — Multiple convictions barred in inchoate crimes
- § 161.505 — “Offense” described
- § 161.515 — “Crime” described
- § 161.525 — “Felony” described
- § 161.535 — Classification of felonies
- § 161.545 — “Misdemeanor” described
- § 161.555 — Classification of 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
- § 161.566 — Misdemeanor treated as violation; prosecuting attorney’s election
- § 161.568 — Misdemeanor treated as violation; court’s election
- § 161.570 — Felony treated as misdemeanor
- § 161.575 — [1971 c.743 §72; repealed by 1999 c.1051 §49]
- § 161.585 — Classification of certain crimes determined by punishment
- § 161.605 — or 137.010 (3) and except as otherwise provided in subsection (6) of this section, if a defendant is convicted of a felony having as an element the defendant’s use or threatened use of a firearm during the commission of the crime, the court shall impose at least the minimum term of imprisonment as p
- § 161.610 — Enhanced penalty for use of firearm during commission of felony; pleading; minimum penalties; suspension or reduction of penalty
- § 161.615 — Maximum terms of imprisonment for misdemeanors
- § 161.620 — Sentences imposed upon waiver
- § 161.625 — Fines for felonies
- § 161.635 — Fines for misdemeanors
- § 161.645 — Standards for imposing fines
- § 161.655 — Fines for corporations
- § 161.665 — Costs
- § 161.675 — Time and method of payment of fines, restitution and costs
- § 161.685 — Effect of nonpayment of fines, restitution or costs; report to consumer reporting agency; rules
- § 161.705 — Reduction of certain felonies to misdemeanors
- § 161.710 — Reduction of certain felony driving offenses after completion of sentence
- § 161.715 — Standards for discharge of defendant
- § 161.725 — Standards for sentencing of dangerous offenders
- § 161.735 — Procedure for determining whether defendant dangerous
- § 161.737 — Sentence imposed on dangerous offender as departure from sentencing guidelines
- § 161.740 — Sentencing of juvenile offenders
- § 162.005 — to 162.425, unless the context requires otherwise: (1) “Pecuniary benefit” means gain or advantage to the beneficiary or to a third person pursuant to the desire or consent of the beneficiary, in the form of money, property, commercial interests or economic gain, but does not include a political cam
- § 162.010 — [Repealed by 1971 c.743 §432] BRIBERY
- § 162.015 — Bribe giving
- § 162.020 — [Repealed by 1971 c.743 §432]
- § 162.025 — Bribe receiving
- § 162.030 — [Amended by 1963 c.625 §3; repealed by 1971 c.743 §432]
- § 162.035 — Bribery defenses
- § 162.040 — [Repealed by 1971 c.743 §432] PERJURY AND RELATED OFFENSES
- § 162.055 — to 162.425
- § 162.065 — Perjury
- § 162.075 — False swearing
- § 162.085 — Unsworn falsification
- § 162.095 — Defenses to perjury and false swearing limited
- § 162.105 — Retraction as defense
- § 162.110 — [Repealed by 1971 c.743 §432]
- § 162.115 — Corroboration of falsity required
- § 162.117 — Public investment fraud
- § 162.118 — Illegal conduct by State Treasury not a defense
- § 162.119 — Public fraud as racketeering activity
- § 162.120 — [Repealed by 1971 c.743 §432]
- § 162.121 — were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 162 or any series therein by legislative action
- § 162.130 — [Repealed by 1971 c.743 §432] ESCAPE, SUPPLYING CONTRABAND AND FAILURE TO APPEAR
- § 162.135 — to 162.205, unless the context requires otherwise: (1)(a) “Contraband” means: (A) Controlled substances as defined in ORS 475.005; (B) Drug paraphernalia as defined in ORS 475.525; (C) Except as otherwise provided in paragraph (b) of this subsection, currency possessed by or in the control of a pers
- § 162.140 — [1959 c.307 §1; 1961 c.312 §1; 1963 c.499 §9; repealed by 1971 c.743 §432]
- § 162.145 — Escape in the third degree
- § 162.150 — [Repealed by 1971 c.743 §432]
- § 162.155 — Escape in the second degree
- § 162.160 — [Repealed by 1971 c.743 §432]
- § 162.165 — Escape in the first degree
- § 162.175 — Unauthorized departure
- § 162.185 — Supplying contraband
- § 162.193 — Failure to appear; counsel for defendant cannot be witness; exception
- § 162.195 — Failure to appear in the second degree
- § 162.205 — Failure to appear in the first degree
- § 162.210 — [Repealed by 1971 c.743 §432]
- § 162.220 — [Repealed by 1971 c.743 §432] OBSTRUCTING GOVERNMENTAL ADMINISTRATION
- § 162.225 — to 162.375
- § 162.230 — [Repealed by 1971 c.743 §432]
- § 162.235 — Obstructing governmental or judicial administration
- § 162.240 — [Repealed by 1971 c.743 §432]
- § 162.245 — Refusing to assist a peace officer
- § 162.247 — Interfering with a peace officer or parole and probation officer
- § 162.255 — Refusing to assist in fire-fighting operations
- § 162.257 — Interfering with a firefighter or emergency medical services provider
- § 162.265 — Bribing a witness
- § 162.275 — Bribe receiving by a witness
- § 162.285 — Tampering with a witness
- § 162.295 — Tampering with physical evidence
- § 162.305 — Tampering with public records
- § 162.310 — [Repealed by 1971 c.743 §432]