Oregon Law
Law as of Jan 1, 2026
Chapter contents
398.002Definitions for this chapter and ORS 396.120, 396.145, 399.205 and 399.515 398.004Persons subject to Oregon Code of Military Justice 398.006Jurisdiction to try certain personnel 398.008[1961 c.454 §81; 1975 c.719 §2; 2005 c.512 §6; repealed by 2013 c.81 §20] 398.010Territorial applicability of Oregon Code of Military Justice 398.012Judge advocates 398.014Presentment of Class A felony charges to civilian authority 398.052[1961 c.454 §84; repealed by 2013 c.81 §20] 398.054[1961 c.454 §85; repealed by 2013 c.81 §20] 398.056[1961 c.454 §86; repealed by 2013 c.81 §20] 398.058Restraint of priority prisoners; notice of charges; speedy disposition; conditional release 398.060Place of confinement 398.062[1961 c.454 §89; 2005 c.512 §36; repealed by 2013 c.81 §20] 398.064[1961 c.454 §90; repealed by 1985 c.682 §53] 398.065[1985 c.682 §2; repealed by 2013 c.81 §20] 398.066[1961 c.454 §91; repealed by 2013 c.81 §20] 398.068[1985 c.682 §11; repealed by 2013 c.81 §20] 398.082[1961 c.454 §92; repealed by 1975 c.719 §5 (398.083 enacted in lieu of 398.082)] 398.083[1975 c.719 §6 (enacted in lieu of 398.082); 1985 c.682 §15; 2005 c.512 §10; repealed by 2013 c.81 §20] 398.102[1961 c.454 §93; 1975 c.719 §7; 1985 c.682 §16; repealed by 2013 c.81 §20] 398.104[1961 c.454 §94; 1975 c.719 §8; 2005 c.512 §11; repealed by 2013 c.81 §20] 398.106[1961 c.454 §95; 1975 c.719 §9; 1985 c.682 §17; 1999 c.157 §1; 2005 c.512 §12; repealed by 2013 c.81 §20] 398.108[1961 c.454 §96; 1975 c.719 §10; 1985 c.682 §18; 1999 c.157 §2; 2005 c.512 §13; repealed by 2013 c.81 §20] 398.110[1961 c.454 §97; 1975 c.719 §11; 1985 c.682 §19; 1999 c.157 §3; 2005 c.512 §14; repealed by 2013 c.81 §20] 398.112[1961 c.454 §98; 1999 c.157 §4; 2005 c.512 §15; repealed by 2013 c.81 §20] 398.114[1961 c.454 §99; 1985 c.682 §20; repealed by 2013 c.81 §20] 398.116[1961 c.454 §100; 2005 c.512 §37; repealed by 2013 c.81 §20] 398.118Commutations and pardons granted by Governor; remittance of forfeitures and fines 398.120Application for commutation or pardon 398.126[1961 c.454 §101; 2005 c.512 §19; repealed by 2013 c.81 §20] 398.128[1961 c.454 §102; repealed by 2013 c.81 §20] 398.130[1961 c.454 §103; 1985 c.682 §21; repealed by 2013 c.81 §20] 398.132[1961 c.454 §104; 1975 c.719 §12; 1985 c.682 §22; 2003 c.14 §171; 2005 c.512 §20; repealed by 2013 c.81 §20] 398.134[1961 c.454 §105; repealed by 1975 c.719 §13 (398.135 enacted in lieu of 398.134)] 398.135[1975 c.719 §14 (enacted in lieu of 398.134); 1985 c.682 §23; 1999 c.94 §1; 2005 c.512 §21; repealed by 2013 c.81 §20] 398.136[1961 c.454 §106; 1975 c.719 §15; 1985 c.682 §24; 1999 c.94 §2; 2005 c.512 §22; repealed by 2013 c.81 §20] 398.138[1961 c.454 §107; 1985 c.682 §25; 1999 c.94 §3; repealed by 2013 c.81 §20] 398.140[1961 c.454 §108; 1975 c.719 §16; repealed by 2013 c.81 §20] 398.162[1961 c.454 §109; 1985 c.682 §26; repealed by 2013 c.81 §20] 398.164[1961 c.454 §110; repealed by 2013 c.81 §20] 398.166[1961 c.454 §111; 1985 c.682 §27; repealed by 2013 c.81 §20] 398.168[1961 c.454 §112; 1975 c.719 §17; repealed by 2013 c.81 §20] 398.170[1961 c.454 §113; 1985 c.682 §28; repealed by 2013 c.81 §20] 398.172[1961 c.454 §114; 1975 c.719 §18; repealed by 2013 c.81 §20] 398.202[1961 c.454 §115; repealed by 2013 c.81 §20] 398.204[1961 c.454 §116; 1975 c.719 §19; repealed by 2013 c.81 §20] 398.206[1961 c.454 §117; 1975 c.719 §20; 1985 c.682 §29; repealed by 2013 c.81 §20] 398.208[1961 c.454 §118; repealed by 1975 c.719 §21 (398.209 enacted in lieu of 398.208)] 398.209[1975 c.719 §22 (enacted in lieu of 398.208); 2005 c.512 §38; repealed by 2013 c.81 §20] 398.210[1961 c.454 §119; 1975 c.719 §23; repealed by 2013 c.81 §20] 398.212[1961 c.454 §120; 1975 c.719 §24; repealed by 2013 c.81 §20] 398.214[1961 c.454 §121; 1975 c.719 §25; repealed by 2013 c.81 §20] 398.216Statute of limitation 398.218[1961 c.454 §123; 1985 c.682 §31; 1999 c.157 §5; repealed by 2013 c.81 §20] 398.220[1961 c.454 §124; 1985 c.682 §32; repealed by 2013 c.81 §20] 398.222[1961 c.454 §125; 1975 c.719 §26; repealed by 2013 c.81 §20] 398.224Refusal to appear or testify 398.226Contempt 398.228[1961 c.454 §128; 1985 c.682 §34; repealed by 2013 c.81 §20] 398.230[1961 c.454 §129; repealed by 2013 c.81 §20] 398.232[1961 c.454 §130; 1975 c.719 §27; 1985 c.682 §35; repealed by 2013 c.81 §20] 398.234Number of votes required 398.236[1961 c.454 §132; repealed by 2013 c.81 §20] 398.238[1961 c.454 §133; 1975 c.719 §28; 1985 c.682 §37; repealed by 2013 c.81 §20] 398.252Cruel and unusual punishments prohibited 398.254[1961 c.454 §135; 1985 c.682 §38; repealed by 2013 c.81 §20] 398.256[1961 c.454 §136; 1985 c.682 §39; repealed by 2013 c.81 §20] 398.258[1961 c.454 §137; 1975 c.719 §29; 1985 c.682 §40; 2005 c.512 §25; repealed by 2013 c.81 §20] 398.260[1985 c.682 §13; repealed by 1999 c.157 §8] 398.272[1961 c.454 §138; 1985 c.682 §41; repealed by 2013 c.81 §20] 398.274[1961 c.454 §§139,140; repealed by 2013 c.81 §20] 398.276[1961 c.454 §141; repealed by 2013 c.81 §20] 398.278[1961 c.454 §142; repealed by 2013 c.81 §20] 398.280[1961 c.454 §143; repealed by 2013 c.81 §20] 398.282[1961 c.454 §144; 1985 c.682 §42; 2005 c.512 §39; repealed by 2013 c.81 §20] 398.284[1961 c.454 §145; repealed by 2013 c.81 §20] 398.286[1961 c.454 §146; 1985 c.682 §43; repealed by 2013 c.81 §20] 398.288[1961 c.454 §147; 1985 c.682 §44; repealed by 2013 c.81 §20] 398.290[1961 c.454 §148; 1985 c.682 §45; repealed by 2013 c.81 §20] 398.292[1961 c.454 §149; repealed by 2013 c.81 §20] 398.294[1961 c.454 §150; 1985 c.682 §46; repealed by 2013 c.81 §20] 398.296[1961 c.454 §151; repealed by 2013 c.81 §20] 398.302[1961 c.454 §152; 1975 c.719 §30; 1999 c.157 §6; 2005 c.512 §26; repealed by 2013 c.81 §20] 398.304[1961 c.454 §153; repealed by 2013 c.81 §20] 398.306[1961 c.454 §154; repealed by 2013 c.81 §20] 398.308[1961 c.454 §155; repealed by 2013 c.81 §20] 398.310[1961 c.454 §156; repealed by 2013 c.81 §20] 398.312[1961 c.454 §157; repealed by 2013 c.81 §20] 398.314[1961 c.454 §158; repealed by 2013 c.81 §20] 398.316[1961 c.454 §159; repealed by 2013 c.81 §20] 398.318[1961 c.454 §160; repealed by 2013 c.81 §20] 398.320[1961 c.454 §161; repealed by 2013 c.81 §20] 398.322[1961 c.454 §162; repealed by 2013 c.81 §20] 398.324[1961 c.454 §163; repealed by 2013 c.81 §20] 398.326[1961 c.454 §164; 1985 c.682 §47; repealed by 2013 c.81 §20] 398.328[1961 c.454 §165; repealed by 2013 c.81 §20] 398.330[1961 c.454 §166; repealed by 2013 c.81 §20] 398.332[1961 c.454 §167; repealed by 2013 c.81 §20] 398.334[1961 c.454 §168; repealed by 2013 c.81 §20] 398.336[1961 c.454 §169; repealed by 2013 c.81 §20] 398.338[1961 c.454 §170; repealed by 2013 c.81 §20] 398.340[1961 c.454 §171; 1985 c.682 §48; repealed by 2013 c.81 §20] 398.342[1961 c.454 §172; repealed by 2013 c.81 §20] 398.344[1961 c.454 §173; repealed by 2013 c.81 §20] 398.346[1961 c.454 §174; repealed by 2013 c.81 §20] 398.348[1961 c.454 §175; repealed by 2013 c.81 §20] 398.350[1961 c.454 §176; repealed by 2013 c.81 §20] 398.352[1961 c.454 §177; repealed by 2013 c.81 §20] 398.354[1961 c.454 §178; repealed by 2013 c.81 §20] 398.356[1961 c.454 §179; repealed by 2013 c.81 §20] 398.358[1961 c.454 §180; repealed by 2013 c.81 §20] 398.360[1961 c.454 §181; repealed by 2013 c.81 §20] 398.362[1961 c.454 §182; repealed by 2013 c.81 §20] 398.366[1961 c.454 §183; repealed by 2013 c.81 §20] 398.368[1961 c.454 §184; repealed by 2013 c.81 §20] 398.370[1961 c.454 §185; repealed by 2013 c.81 §20] 398.372[1961 c.454 §186; 1975 c.719 §31; 1979 c.744 §18; 1985 c.682 §49; repealed by 2013 c.81 §20] 398.374[1961 c.454 §187; 1985 c.682 §50; repealed by 2013 c.81 §20] 398.375[1985 c.682 §4; repealed by 2013 c.81 §20] 398.376[1961 c.454 §188; repealed by 1975 c.719 §34] 398.378[1961 c.454 §189; repealed by 2013 c.81 §20] 398.380[1961 c.454 §190; repealed by 2013 c.81 §20] 398.382[1961 c.454 §191; repealed by 1975 c.719 §34] 398.384[1961 c.454 §194; 1975 c.719 §32; 1985 c.682 §51; repealed by 2013 c.81 §20] 398.386[1961 c.454 §192; repealed by 2013 c.81 §20] 398.388[1961 c.454 §193; repealed by 2013 c.81 §20] 398.390[1961 c.454 §195; repealed by 1975 c.719 §34] 398.391[1985 c.682 §3; repealed by 2013 c.81 §20] 398.392[1961 c.454 §196; 1971 c.743 §363; repealed by 1975 c.719 §34] 398.393[1985 c.682 §5; repealed by 2013 c.81 §20] 398.394[1985 c.682 §6; repealed by 2013 c.81 §20] 398.395[1985 c.682 §7; repealed by 2013 c.81 §20] 398.397[1985 c.682 §8; repealed by 2013 c.81 §20] 398.399[1985 c.682 §9; repealed by 2013 c.81 §20] 398.400[1985 c.682 §10; 1999 c.157 §7; repealed by 2013 c.81 §20] 398.402[1961 c.454 §197; 1989 c.360 §10; repealed by 2013 c.81 §20] 398.404[1961 c.454 §201; repealed by 2013 c.81 §20] 398.406Execution of process and sentence 398.408Process of military courts 398.410[1961 c.454 §204; 1963 c.169 §7; repealed by 2013 c.81 §20] 398.412Immunity for action of military courts 398.414Presumption of jurisdiction 398.416Delegation of authority by Governor 398.418Payment of expenses 398.420Armed Forces Court of Appeals for Oregon

Chapter 398 — Military Justice

ORS 398.014 Presentment of Class A felony charges to civilian authority

(1)

A charge against a person subject to the Oregon Code of Military Justice for an offense that is classified as a Class A felony under the Oregon Criminal Code shall first be presented by the convening authority to a prosecuting civilian authority with jurisdiction over the offense for possible prosecution.

(2)

If the prosecuting civilian authority declines to prosecute or fails to respond within 90 days from presentation of the charge, the charge may then be prosecuted as provided in this chapter or the Oregon Code of Military Justice.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Earlier statutory text is available in an ingested published ORS edition.