Oregon Law
Law as of Jan 1, 2026
Chapter contents
161.005Short title 161.010[Repealed by 1971 c.743 §432] 161.015General definitions 161.020[Amended by 1967 c.372 §9; repealed by 1971 c.743 §432] 161.025Purposes; principles of construction 161.030[Amended by 1955 c.660 §20; 1967 c.372 §10; repealed by 1971 c.743 §432] 161.035Application of Criminal Code 161.040[Repealed by 1971 c.743 §432] 161.045Limits on application 161.050[Repealed by 1971 c.743 §432] 161.055Burden of proof as to defenses 161.060[Repealed by 1971 c.743 §432] 161.062[1985 c.722 §4; 1991 c.386 §8; repealed by 1999 c.136 §1] 161.065Evidence of physical injury 161.067Determining punishable offenses for violation of multiple statutory provisions, multiple victims or repeated violations 161.070[Repealed by 1971 c.743 §432] 161.075[1965 c.516 §1; repealed by 1971 c.743 §432] 161.080[Repealed by 1971 c.743 §432] 161.085Definitions with respect to culpability 161.090[Amended by 1967 c.372 §11; repealed by 1971 c.743 §432] 161.095Requirements for criminal liability 161.100[Repealed by 1971 c.743 §432] 161.105Culpability requirement inapplicable to certain violations and offenses 161.110[Repealed by 1971 c.743 §432] 161.115Construction of statutes with respect to culpability 161.120[Repealed by 1971 c.743 §432] 161.125Drug or controlled substance use or dependence or intoxication as defense 161.150Criminal liability described 161.155Criminal liability for conduct of another 161.160Exclusion of defenses to criminal liability for conduct of another 161.165Exemptions to criminal liability for conduct of another 161.170Criminal liability of corporations 161.175Criminal liability of an individual for corporate conduct 161.190Justification as a defense 161.195“Justification” described 161.200Choice of evils 161.205Use of physical force generally 161.209Use of physical force in defense of a person 161.210[Repealed by 1971 c.743 §432] 161.215Limitations on use of physical force in defense of a person 161.219Limitations on use of deadly physical force in defense of a person 161.220[Repealed by 1971 c.743 §432] 161.225Use of physical force in defense of premises 161.229Use of physical force in defense of property 161.230[Repealed by 1971 c.743 §432] 161.233Use of physical force by peace officer 161.235[1971 c.743 §27; 2020 s.s.1 c.3 §3; repealed by 2021 s.s.2 c.3 §17] 161.237Use of physical force involving pressure on throat or neck by peace officer or corrections officer 161.239[1971 c.743 §28; 2020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] 161.242Use of deadly physical force by peace officer 161.245“Reasonable belief” described; status of unlawful arrest 161.249Use of physical force by private person assisting an arrest 161.250[Repealed by 1971 c.743 §432] 161.255Use of physical force by private person making citizen’s arrest 161.260Use of physical force in resisting arrest prohibited 161.265Use of physical force by guard or peace officer employed in correctional facility 161.267Use of physical force by corrections officer or official employed by Department of Corrections 161.270Duress 161.275Entrapment 161.290Incapacity due to immaturity 161.295Guilty except for insanity 161.300Evidence of qualifying mental disorder admissible as to intent 161.305Qualifying mental disorder as affirmative defense 161.309Notice of mental defense; when report required; contents of report; plea 161.310[Repealed by 1971 c.743 §432] 161.313Jury instructions; insanity 161.315Right of state to obtain mental examination of defendant; limitations; report 161.319Form of verdict on guilty except for insanity 161.320[Repealed by 1971 c.743 §432] 161.325Finding of guilty except for insanity; dispositional order 161.326Notice to victim 161.327Commitment or conditional release of person found guilty except for insanity of felony; consultation; evaluation; appeal; rules 161.328Commitment of person found guilty except for insanity of misdemeanor 161.329Order 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 enacted in lieu of 161.335)] 161.336Conditional 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 enacted in lieu of 161.340)] 161.341Application for discharge or conditional release; release plan; examination; right to hearing 161.345[1971 c.743 §48; repealed by 1977 c.380 §14 (161.346 enacted in lieu of 161.345)] 161.346Hearings on discharge, conditional release, commitment or modification; psychiatric reports; notice of hearing 161.348Judicial review 161.349Person committed under ORS 161.315 to 161.351 sentenced to term of incarceration 161.350[1971 c.743 §49; 1975 c.380 §3; repealed by 1977 c.380 §16 (161.351 enacted in lieu of 161.350)] 161.351Discharge by board; effect of remission; protection of society 161.353Disclosure of health information; rules 161.355Definitions 161.360Qualifying mental disorder affecting fitness to proceed 161.362Requirements for recommendations, determinations and orders; confidentiality; electronic appearance 161.363Procedure for determining fitness to proceed 161.365Fitness to proceed consultation; examination; report; rules 161.367Gaining or regaining fitness; credit for time served; firearm prohibition 161.370Proceedings upon finding of unfitness; commitment; rules 161.371Procedures upon commitment of defendant; placement process; maximum term of commitment 161.372Involuntary administration of medication for fitness to proceed; hearing; court order; confidentiality 161.373Records for fitness to proceed examination; compliance with court order 161.375Escape of person placed at hospital or facility; authority to order arrest 161.380[1971 c.743 §53; renumbered 161.290] 161.385Psychiatric Security Review Board; composition, term, qualifications, compensation, appointment, confirmation and meetings 161.387Board to implement policies; rulemaking 161.390Rules for assignment of persons to state mental hospitals or secure intensive community inpatient facilities; release plan prepared by Oregon Health Authority 161.392Certification of psychiatrists and licensed psychologists; rules; fees 161.395Subpoena power 161.397Psychiatric Security Review Board Account 161.398Restorative justice program; rules 161.400Leave of absence; notice to board 161.403[1983 c.800 §14; repealed by 1993 c.77 §1] 161.405“Attempt” described 161.425Impossibility not a defense 161.430Renunciation as a defense to attempt 161.435Solicitation 161.440Renunciation as defense to solicitation 161.450“Criminal conspiracy” described 161.455Conspiratorial relationship 161.460Renunciation as defense to conspiracy 161.465Duration of conspiracy 161.475Defenses to solicitation and conspiracy 161.485Multiple convictions barred in inchoate crimes 161.505“Offense” described 161.515“Crime” described 161.525“Felony” described 161.535Classification of felonies 161.545“Misdemeanor” described 161.555Classification 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 §49] 161.566Misdemeanor treated as violation; prosecuting attorney’s election 161.568Misdemeanor treated as violation; court’s election 161.570Felony treated as misdemeanor 161.575[1971 c.743 §72; repealed by 1999 c.1051 §49] 161.585Classification of certain crimes determined by punishment 161.605Maximum terms of imprisonment for felonies 161.610Enhanced penalty for use of firearm during commission of felony; pleading; minimum penalties; suspension or reduction of penalty 161.615Maximum terms of imprisonment for misdemeanors 161.620Sentences imposed upon waiver 161.625Fines for felonies 161.635Fines for misdemeanors 161.645Standards for imposing fines 161.655Fines for corporations 161.665Costs 161.675Time and method of payment of fines, restitution and costs 161.685Effect of nonpayment of fines, restitution or costs; report to consumer reporting agency; rules 161.705Reduction of certain felonies to misdemeanors 161.710Reduction of certain felony driving offenses after completion of sentence 161.715Standards for discharge of defendant 161.725Standards for sentencing of dangerous offenders 161.735Procedure for determining whether defendant dangerous 161.737Sentence imposed on dangerous offender as departure from sentencing guidelines 161.740Sentencing of juvenile offenders

Chapter 161 — General Provisions

ORS 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 election must be made by the prosecuting attorney orally or in writing. If no election is made, the case shall proceed as a misdemeanor.

(2)

If a prosecuting attorney elects to treat a misdemeanor as a Class A violation under this section, the court shall amend the accusatory instrument to reflect the charged offense as a Class A violation and clearly denominate the offense as a Class A violation in any judgment entered in the matter. Notwithstanding ORS 153.021, the fine that a court may impose upon conviction of a violation under this section may not:

(a)

Be less than the presumptive fine established by ORS 153.019 for a Class A violation; or

(b)

Exceed the maximum fine established by ORS 153.018 for a Class A violation.

(3)

If a prosecuting attorney elects to treat a misdemeanor as a Class A violation under this section, and the defendant fails to make any required appearance in the matter, the court may enter a default judgment against the defendant in the manner provided by ORS 153.102. Notwithstanding ORS 153.021, the fine that the court may impose under a default judgment entered pursuant to ORS 153.102 may not:

(a)

Be less than the presumptive fine established by ORS 153.019 for a Class A violation; or

(b)

Exceed the maximum fine established by ORS 153.018 for a Class A violation.

(4)

A prosecuting attorney may not elect to treat misdemeanors created under ORS 811.540 or 813.010 as violations under the provisions of this section.

(5)

The election provided for in this section may be made by a city attorney acting as prosecuting attorney in the case of municipal ordinance offenses, a county counsel acting as prosecuting attorney under a county charter in the case of county ordinance offenses, and the Attorney General acting as prosecuting attorney in those criminal actions or proceedings within the jurisdiction of the Attorney General.

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Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.