Oregon Law
Law as of Jan 1, 2024
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of Military Justice 398.006Jurisdiction to try certain personnel 398.008[1961 c.454 §81; 1975 c.719 §2; 2005 c.512 §6; repealed by 2013 c.81 §20] 398.010Territorial applicability of Oregon Code of Military Justice 398.012Judge advocates 398.014Presentment of Class A felony charges to civilian authority 398.052[1961 c.454 §84; repealed by 2013 c.81 §20] 398.054[1961 c.454 §85; repealed by 2013 c.81 §20] 398.056[1961 c.454 §86; repealed by 2013 c.81 §20] 398.058Restraint of priority prisoners; notice of charges; speedy disposition; conditional release 398.060Place of confinement 398.062[1961 c.454 §89; 2005 c.512 §36; repealed by 2013 c.81 §20] 398.064[1961 c.454 §90; repealed by 1985 c.682 §53] 398.065[1985 c.682 §2; repealed by 2013 c.81 §20] 398.066[1961 c.454 §91; repealed by 2013 c.81 §20] 398.068[1985 c.682 §11; repealed by 2013 c.81 §20] 398.082[1961 c.454 §92; repealed by 1975 c.719 §5 (398.083 enacted in lieu of 398.082)] 398.083[1975 c.719 §6 (enacted in lieu of 398.082); 1985 c.682 §15; 2005 c.512 §10; repealed by 2013 c.81 §20] 398.102[1961 c.454 §93; 1975 c.719 §7; 1985 c.682 §16; repealed by 2013 c.81 §20] 398.104[1961 c.454 §94; 1975 c.719 §8; 2005 c.512 §11; repealed by 2013 c.81 §20] 398.106[1961 c.454 §95; 1975 c.719 §9; 1985 c.682 §17; 1999 c.157 §1; 2005 c.512 §12; repealed by 2013 c.81 §20] 398.108[1961 c.454 §96; 1975 c.719 §10; 1985 c.682 §18; 1999 c.157 §2; 2005 c.512 §13; repealed by 2013 c.81 §20] 398.110[1961 c.454 §97; 1975 c.719 §11; 1985 c.682 §19; 1999 c.157 §3; 2005 c.512 §14; repealed by 2013 c.81 §20] 398.112[1961 c.454 §98; 1999 c.157 §4; 2005 c.512 §15; repealed by 2013 c.81 §20] 398.114[1961 c.454 §99; 1985 c.682 §20; repealed by 2013 c.81 §20] 398.116[1961 c.454 §100; 2005 c.512 §37; repealed by 2013 c.81 §20] 398.118Commutations and pardons granted by Governor; remittance of forfeitures and fines 398.120Application for commutation or pardon 398.126[1961 c.454 §101; 2005 c.512 §19; repealed by 2013 c.81 §20] 398.128[1961 c.454 §102; repealed by 2013 c.81 §20] 398.130[1961 c.454 §103; 1985 c.682 §21; repealed by 2013 c.81 §20] 398.132[1961 c.454 §104; 1975 c.719 §12; 1985 c.682 §22; 2003 c.14 §171; 2005 c.512 §20; repealed by 2013 c.81 §20] 398.134[1961 c.454 §105; repealed by 1975 c.719 §13 (398.135 enacted in lieu of 398.134)] 398.135[1975 c.719 §14 (enacted in lieu of 398.134); 1985 c.682 §23; 1999 c.94 §1; 2005 c.512 §21;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 398.226 Contempt

(1)

A military court may punish for contempt any person who uses any menacing word, sign or gesture in its presence, or who disturbs its proceedings by any riot or disorder. The punishment may not exceed confinement for 30 days or a fine of $100, or both.

(2)

A military court shall have the contempt power possessed by a civilian court as provided under ORS 33.015 to 33.155.

(3)

A person found in contempt under this section and ordered confined may be confined in a county jail upon written order of the military judge.

(4)

A person ordered confined under this section may be delivered to the civilian authority by a military or civilian law enforcement authority.

(5)

The county jail may not charge the Oregon Military Department or the state for the costs of a person’s confinement under this section.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

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.