reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 153 - Violations and Fines › Section 153.770 - Electronic filing of citation for offenses subject to written uniform citation.

(1) Notwithstanding ORS 1.525, 153.045, 221.333 and 810.425, a law enforcement officer or a person authorized to enforce parking ordinance violations, following procedures established by court rule, may file a citation with the court by electronic means, without an actual signature of the officer, in lieu of using a written uniform citation. A citation filed under this section may be of a different size or format than a uniform citation adopted by the Supreme Court under ORS 1.525. Law enforcement officers who file citations under this section will be deemed to certify to the complaint and will continue to have the same rights, responsibilities and liabilities in relation to those citations as to citations with complaints that are certified by an actual signature.
(2) A court may allow electronic filing of citations as described under subsection (1) of this section. Procedures established to allow electronic filing of citations under this section shall be established by court rule and shall include procedures necessary to ensure that:
(a) The information electronically filed includes all information required on a uniform citation adopted by the Supreme Court under ORS 1.525, or as required under ORS 221.333 and 810.425 for parking ordinance violations. However, an electronically filed citation containing all required information, but of a different size or format than a uniform citation adopted by the Supreme Court under ORS 1.525, shall not be prohibited by or found in violation of a rule established under this subsection.
(b) The citation filed electronically is verifiable as being filed by a specific law enforcement officer or, for parking ordinance violations, by a person authorized to enforce parking ordinance violations.
(c) Members of the public can obtain copies of and review citations that are electronically filed and maintained under this section in the same manner as for citations filed on paper. [1995 c.781 §53; 1999 c.1051 §129; 2001 c.911 §2; 2015 c.13 §2]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 153 - Violations and Fines › Section 153.772 - Suspension of driving privileges for failure to appear; limitation on district attorney’s authority.

When the court issues a notice under ORS 809.220 to suspend the driving privileges of a person for failure to appear on a citation for a violation of ORS 471.430, the district attorney may not file an accusatory instrument charging the person with violating ORS 153.992. [2001 c.817 §9]
Note:
153.772 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 153 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 153 - Violations and Fines › Section 153.990 - Penalty for false certification.

Any person who in connection with the issuance of a citation, or the filing of a complaint, under this chapter, knowingly certifies falsely to the matters set forth therein commits a Class A misdemeanor. [1981 c.692 §14; 1999 c.1051 §31]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 153 - Violations and Fines › Section 153.992 - Penalty for failure to appear.

(1) A person commits the offense of failure to appear in a violation proceeding if the person has been served with a citation issued under this chapter for a violation other than a Class E violation and the person knowingly fails to do any of the following:
(a) Make a first appearance in the manner required by ORS 153.061 within the time allowed.
(b) Make appearance at the time set for trial in the violation proceeding.
(c) Appear at any other time required by the court or by law.
(2) Failure to appear on a violation citation is a Class A misdemeanor. [1999 c.1051 §29; 2021 c.591 §16]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 156 - Proceedings and Judgment in Criminal Actions › Section 156.010 - Criminal procedure statutes govern generally.

A criminal action in a justice court is commenced and proceeded in to final determination, and the judgment therein enforced, in the manner provided in the criminal procedure statutes, except as otherwise specifically provided by statute. [Amended by 1973 c.836 §329]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 156 - Proceedings and Judgment in Criminal Actions › Section 156.020 - Filing complaint as commencement of action.

In a justice court, a criminal action is commenced by the filing of the complaint therein, verified by the oath of the person commencing the action, who is thereafter known as the complainant. [Amended by 1959 c.426 §4]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 156 - Proceedings and Judgment in Criminal Actions › Section 156.040 - Security for costs.

Before filing or receiving the complaint in a criminal action, the justice may require the complainant to give security for costs and disbursements in the amount authorized in civil actions; and not otherwise. [Amended by 1959 c.426 §5]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 156 - Proceedings and Judgment in Criminal Actions › Section 156.050 - Warrant of arrest; authority.

The authority of a justice of the peace to issue a warrant of arrest shall be as provided in ORS 133.110. [Amended by 1969 c.244 §4; 1983 c.661 §13; 1999 c.1051 §131]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 156 - Proceedings and Judgment in Criminal Actions › Section 156.060 - Issuance, requisites and execution of warrant of arrest.

A warrant of arrest in a criminal action in a justice court is issued, directed and executed in all respects as the warrant mentioned in ORS 133.140. [Amended by 1977 c.746 §12]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 156 - Proceedings and Judgment in Criminal Actions › Section 156.080 - Defendant’s plea; refusal to plead.

The defendant may plead the same pleas as upon an indictment. The plea shall be oral and entered in the docket. If the defendant refuses to plead, the justice shall enter the fact, together with the plea of not guilty, on behalf of the defendant.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 156 - Proceedings and Judgment in Criminal Actions › Section 156.100 - Change of place of trial.

Change of place of trial in criminal actions in justice courts is in all manners and respects governed as provided in ORS 131.305 to 131.415. [Amended by 1973 c.836 §331]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 156 - Proceedings and Judgment in Criminal Actions › Section 156.130 - Demand for and selection of jury.

If a trial by jury is demanded, a jury shall be selected and summoned as in a civil action in a justice court. Each party may take challenges for cause and two peremptory challenges, except that when the jury is selected in the manner provided in ORS 54.060 to 54.160, as to any juror so selected, neither party may take a peremptory challenge.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 156 - Proceedings and Judgment in Criminal Actions › Section 156.160 - Jury trial without prepayment of trial fee; payment after judgment.

In a criminal action in a justice court, prepayment of the trial fee is not a prerequisite to having a jury trial. If a jury trial is demanded and judgment is against the defendant, the fee shall be allowed and taxed in favor of the state as other disbursements in ordinary cases.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 156 - Proceedings and Judgment in Criminal Actions › Section 156.210 - Judgment on plea of guilty, no contest or on conviction.

When the defendant pleads guilty, no contest, or is convicted, either by the justice or the jury, the justice shall give judgment thereon for such punishment as may be prescribed by law for the crime. [Amended by 1973 c.836 §333]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 156 - Proceedings and Judgment in Criminal Actions › Section 156.220 - Judgment imposing monetary obligation; requirements.

Except as provided in ORS 18.048 (3) and (4), any judgment rendered by a justice court on an offense that imposes a monetary obligation must contain the separate section required by ORS 18.048 (1). [1973 c.836 §334; 1999 c.788 §39; 2003 c.576 §97; 2005 c.568 §29a]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 156 - Proceedings and Judgment in Criminal Actions › Section 156.290 - Judgment against complainant for costs and disbursements.

Upon making the entry prescribed in ORS 156.280, the justice shall give judgment against the complainant for the costs and disbursements of the action and require the complainant to pay the same or give satisfactory security therefor, by a written undertaking with one or more sureties, to pay the same to the justice within 30 days from the date of the judgment. [Amended by 1959 c.426 §6]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 156 - Proceedings and Judgment in Criminal Actions › Section 156.300 - Enforcement of judgment against complainant.

If the complainant does not pay the judgment, or give the required security therefor, it may be enforced against the complainant in all respects as a judgment for a fine in a criminal action; but if the complainant gives the required security, the judgment may be enforced at the expiration of the 30 days against the complainant and the sureties of the complainant in the undertaking in all respects as a judgment for money in a civil action. [Amended by 1959 c.426 §7]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 156 - Proceedings and Judgment in Criminal Actions › Section 156.310 - Payment of fine and costs by defendant.

If the fine and costs, or any part thereof, are paid before commitment, they shall be paid to the justice. Thereafter they shall be paid to the officer in whose custody the defendant is at the time of the payment, which officer shall immediately pay the same to the justice.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 156 - Proceedings and Judgment in Criminal Actions › Section 156.315 - Assignment of judgment to Department of Revenue.

(1) A justice court may assign a judgment in a criminal action, as described in ORS 137.118 (1) to (5), to the Collections Unit in the Department of Revenue for the following purposes:
(a) To determine whether refunds or other sums are owed to the debtor by the department; and
(b) To deduct the amount of the debt from any refunds or other sums owed to the debtor by the department.
(2) If the Collections Unit determines that refunds or other sums are owed to the debtor, the department shall deduct the amount of the debt from any refunds or other sums owed to the debtor by the department. After also deducting costs of its actions under this section, the department shall remit the amount deducted from refunds or other sums owed to the debtor to the justice court that assigned the judgment.
(3) A debtor whose account is assigned to the Department of Revenue for setoff under this section is entitled to the notice required by ORS 293.250 (5)(d). [2003 c.375 §2; 2015 c.766 §11; 2017 c.746 §23; 2019 c.359 §4]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 156 - Proceedings and Judgment in Criminal Actions › Section 156.410 - Release of defendant before trial.

At any time before the commencement of the trial, the justice shall release the defendant under the procedures set forth in ORS 135.230 to 135.290. [Amended by 1973 c.836 §335]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 156 - Proceedings and Judgment in Criminal Actions › Section 156.440 - Commitment of defendant.

If the defendant is not released from custody as provided in ORS 135.230 to 135.290 when brought before the justice upon the warrant of arrest, the defendant shall be continued in the custody of the officer or, if the court is held in the vicinity of the county jail, committed to jail, to answer the action, as the justice may direct. [Amended by 1973 c.836 §336]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 156 - Proceedings and Judgment in Criminal Actions › Section 156.450 - Form of commitment.

The commitment shall be signed by the justice with the name of office of the justice and may be substantially as follows:
______________________________________________________________________________
JUSTICE COURT FOR
THE DISTRICT OF ______
State of Oregon, County of ______
IN THE NAME OF
THE STATE OF OREGON
To the sheriff of the county aforesaid:
An order having this day been made by me that A. B. be committed for trial in a criminal action against A. B. for the crime of (designating it generally), you hereby are commanded to receive A. B. into your custody and detain A. B. accordingly or until A. B. is otherwise legally discharged.
Dated at ______, this ___ day of ______, 2__.
C. D., Justice of the Peace
______________________________________________________________________________
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 156 - Proceedings and Judgment in Criminal Actions › Section 156.460 - How commitment is executed.

When committed, the defendant shall be delivered to the custody of the proper officer by any peace officer to whom the justice may deliver the commitment, first indorsing thereon, substantially, as follows: "I hereby authorize and command E. F. to deliver this commitment, together with the defendant therein named, to the custody of the sheriff of the County of ______."
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 156 - Proceedings and Judgment in Criminal Actions › Section 156.510 - Proceeding when crime is not within jurisdiction of justice court

.
If in the course of the trial it appears to the justice that the defendant has committed a crime not within the jurisdiction of a justice court, the justice shall dismiss the action, state in the entry the reasons therefor, hold the defendant upon the warrant of arrest and proceed to examine the charge as upon an information of the commission of crime.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 156 - Proceedings and Judgment in Criminal Actions › Section 156.520 - Function of district attorney in justice court.

The district attorney may prosecute an action and if requested by the court shall prosecute an action in a justice court and attend an examination before a magistrate, either in person or by someone appointed by the district attorney for that purpose, and in any case the district attorney shall control the proceedings on behalf of the state. [Amended by 1981 c.863 §1]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 156 - Proceedings and Judgment in Criminal Actions › Section 156.530 - Disposition of money paid on judgment.

(1) Any money paid to the justice court upon a judgment in a criminal action shall first be applied to the costs of the action. The remainder shall be paid by the justice court to the treasurer of the county, to be appropriated as provided by law.
(2) Money paid pursuant to subsection (1) of this section shall be delivered by the justice court to the treasurer not later than the last day of the month immediately following the month in which the money is collected. [Amended by 2003 c.687 §6]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 156 - Proceedings and Judgment in Criminal Actions › Section 156.705 - Jurisdiction over offenses against animals.

Justices of the peace shall have concurrent jurisdiction over all offenses committed under ORS 167.315 to 167.333 and 167.340. [Formerly 770.260; 1985 c.662 §14; 1999 c.788 §48]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 157 - Appeals in Criminal Actions; Writ of Review › Section 157.005 - Applicability of chapter.

The provisions of this chapter apply only to justice courts that have not become courts of record under ORS 51.025. Appeals of criminal judgments in justice courts that have become courts of record under ORS 51.025 shall be as provided in ORS chapter 138 for appeals from judgments of circuit courts. [1999 c.682 §8]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 157 - Appeals in Criminal Actions; Writ of Review › Section 157.010 - Appeal to circuit court from justice court.

In a criminal action in a justice court, except where the judgment is given on a plea of guilty, an appeal may be taken from a judgment of conviction to the circuit court for the county in which the judgment is given, as prescribed in this chapter, and not otherwise. [Amended by 1985 c.342 §12; 1995 c.658 §87]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 157 - Appeals in Criminal Actions; Writ of Review › Section 157.020 - Who may appeal; appealable judgments and orders.

(1) Except as provided in subsection (2) of this section, an appeal may be taken only by the defendant and whether or not the judgment is that the defendant pay a fine or be imprisoned.
(2) The plaintiff may take an appeal from:
(a) An order made before jeopardy attaches dismissing the accusatory instrument;
(b) An order arresting the judgment;
(c) An order made before jeopardy attaches suppressing evidence; or
(d) An order made before jeopardy attaches for the return or restoration of things seized. [Amended by 1959 c.196 §1; 1967 c.528 §1; 1971 c.644 §2; 1985 c.342 §13]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 157 - Appeals in Criminal Actions; Writ of Review › Section 157.030 - Time and manner of taking appeal.

The appeal is taken in the same manner and within the same time as in the case of an appeal from a judgment in a civil action, except that:
(1) The notice thereof shall be served upon the district attorney for the county, or the deputy of the district attorney, or upon the private prosecutor in the action;
(2) When the notice of appeal has been filed with the court from which the appeal is being taken, the appellate court shall have jurisdiction of the cause. Failure to serve a notice of appeal on the appropriate attorney shall not preclude jurisdiction in the appellate court; and
(3) No undertaking providing for the payment of costs and disbursements shall be required. [Amended by 1989 c.123 §1]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 157 - Appeals in Criminal Actions; Writ of Review › Section 157.040 - Justice’s duty as to making and delivering transcript.

If the defendant is in custody at the time the appeal is allowed, the justice shall make the proper transcript and deliver it to the clerk of the appellate court within 10 days from the date the appeal is taken. [Amended by 1985 c.342 §14]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 157 - Appeals in Criminal Actions; Writ of Review › Section 157.050 - Effect of allowance of appeal.

An allowance of an appeal does not stay the proceedings on the judgment unless the defendant:
(1) Makes a release agreement or a security release deposit as provided in ORS 135.230 to 135.290; or
(2) Gives the security required by ORS 810.300 to 810.330 as an undertaking on appeal. [Amended by 1973 c.836 §338; 1974 c.35 §2; 1983 c.338 §895A]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 157 - Appeals in Criminal Actions; Writ of Review › Section 157.060 - When appeal is perfected; amendment of pleadings in appellate court.

From the filing of the transcript with the clerk of the appellate court the appeal is perfected and the action is deemed pending therein for trial upon the issue tried in the justice court. In a criminal action, the appellate court has the same authority to allow an amendment of the pleadings on an appeal that it has on an appeal in a civil action. [Amended by 1985 c.342 §15]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 157 - Appeals in Criminal Actions; Writ of Review › Section 157.065 - Powers of appellate court.

The appellate court may give a final judgment in the cause, to be enforced as a judgment of such court; or the appellate court may give such other judgment or order as may be proper, and direct that the cause be remitted to the court below for further proceedings in accordance with the decision of the appellate court. [1959 c.558 §49; 1981 c.178 §10]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 157 - Appeals in Criminal Actions; Writ of Review › Section 157.070 - Writ of review in criminal actions.

No provision of ORS 157.010 to 157.065, in relation to appeals or the right to appeal in criminal actions, shall be construed to prevent either party in a justice court from having an interlocutory order which involves the constitutionality of a statute or of the proceedings which may affect the final judgment or the judgment reviewed in the circuit court for errors in law appearing upon the face of the judgment or the proceedings connected therewith, as provided in ORS 34.010 to 34.100. [Amended by 1959 c.592 §1]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 161 - General Provisions › Section 161.005 - Short title.

ORS 161.005 to 161.055, 161.065, 161.085 to 161.125, 161.150 to 161.175, 161.190 to 161.275, 161.290 to 161.373, 161.405 to 161.485, 161.505 to 161.585, 161.605, 161.615 to 161.685, 161.705 to 161.737, 162.005, 162.015 to 162.035, 162.055 to 162.115, 162.135 to 162.205, 162.225 to 162.375, 162.405 to 162.425, 162.465, 163.005, 163.095, 163.107, 163.115, 163.125 to 163.145, 163.149, 163.160 to 163.208, 163.191, 163.196, 163.215 to 163.257, 163.261, 163.263, 163.264, 163.266, 163.275, 163.285, 163.305 to 163.467, 163.429, 163.432, 163.433, 163.472, 163.505 to 163.575, 163.665 to 163.693, 163.700, 163.701, 163.715, 164.005, 164.015 to 164.135, 164.138, 164.140, 164.205 to 164.270, 164.305 to 164.377, 164.395 to 164.415, 164.805, 164.857, 164.886, 165.002 to 165.102, 165.109, 165.118, 165.805, 165.815, 166.005 to 166.095, 166.119, 166.125, 166.128, 166.350, 166.382, 166.384, 166.660, 167.002 to 167.027, 167.057, 167.060 to 167.100, 167.117, 167.122 to 167.162, 167.203 to 167.252, 167.310 to 167.340, 167.350, 167.810 and 167.820 shall be known and may be cited as Oregon Criminal Code of 1971. [1971 c.743 §1; 1979 c.476 §1; 1983 c.740 §25; 1983 c.792 §1; 1985 c.366 §2; 1985 c.557 §9; 1985 c.662 §10; 1985 c.755 §1; 1989 c.982 §3; 1989 c.1003 §5; 2003 c.383 §3; 2007 c.475 §4; 2007 c.684 §2; 2007 c.811 §6; 2007 c.867 §16; 2007 c.869 §5; 2007 c.876 §5; 2009 c.783 §6; 2009 c.811 §15; 2011 c.681 §5; 2015 c.321 §2; 2015 c.379 §2; 2015 c.645 §9; 2016 c.22 §4; 2017 c.649 §2; 2019 c.635 §15; 2021 c.276 §2; 2023 c.200 §3; 2023 c.205 §2; 2023 c.228 §50; 2023 c.608 §4]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 161 - General Provisions › Section 161.025 - Purposes; principles of construction.

(1) The general purposes of chapter 743, Oregon Laws 1971, are:
(a) To insure the public safety by preventing the commission of offenses through the deterrent influence of the sentences authorized, the correction and rehabilitation of those convicted, and their confinement when required in the interests of public protection.
(b) To forbid and prevent conduct that unjustifiably and inexcusably inflicts or threatens substantial harm to individual or public interests.
(c) To give fair warning of the nature of the conduct declared to constitute an offense and of the sentences authorized upon conviction.
(d) To define the act or omission and the accompanying mental state that constitute each offense and limit the condemnation of conduct as criminal when it is without fault.
(e) To differentiate on reasonable grounds between serious and minor offenses.
(f) To prescribe penalties which are proportionate to the seriousness of offenses and which permit recognition of differences in rehabilitation possibilities among individual offenders.
(g) To safeguard offenders against excessive, disproportionate or arbitrary punishment.
(2) The rule that a penal statute is to be strictly construed shall not apply to chapter 743, Oregon Laws 1971, or any of its provisions. Chapter 743, Oregon Laws 1971, shall be construed according to the fair import of its terms, to promote justice and to effect the purposes stated in subsection (1) of this section. [1971 c.743 §2]
Note:
See note under 161.015.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 161 - General Provisions › Section 161.035 - Application of Criminal Code.

(1) Chapter 743, Oregon Laws 1971, shall govern the construction of and punishment for any offense defined in chapter 743, Oregon Laws 1971, and committed after January 1, 1972, as well as the construction and application of any defense to a prosecution for such an offense.
(2) Except as otherwise expressly provided, or unless the context requires otherwise, the provisions of chapter 743, Oregon Laws 1971, shall govern the construction of and punishment for any offense defined outside chapter 743, Oregon Laws 1971, and committed after January 1, 1972, as well as the construction and application of any defense to a prosecution for such an offense.
(3) Chapter 743, Oregon Laws 1971, shall not apply to or govern the construction of and punishment for any offense committed before January 1, 1972, or the construction and application of any defense to a prosecution for such an offense. Such an offense shall be construed and punished according to the law existing at the time of the commission of the offense in the same manner as if chapter 743, Oregon Laws 1971, had not been enacted.
(4) When all or part of a criminal statute is amended or repealed, the criminal statute or part thereof so amended or repealed remains in force for the purpose of authorizing the accusation, prosecution, conviction and punishment of a person who violated the statute or part thereof before the effective date of the amending or repealing Act. [1971 c.743 §5]
Note:
See note under 161.015.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 161 - General Provisions › Section 161.045 - Limits on application.

(1) Except as otherwise expressly provided, the procedure governing the accusation, prosecution, conviction and punishment of offenders and offenses is not regulated by chapter 743, Oregon Laws 1971, but by the criminal procedure statutes.
(2) Chapter 743, Oregon Laws 1971, does not affect any power conferred by law upon a court-martial or other military authority or officer to prosecute and punish conduct and offenders violating military codes or laws.
(3) Chapter 743, Oregon Laws 1971, does not bar, suspend or otherwise affect any right or liability to damages, penalty, forfeiture or other remedy authorized by law to be recovered or enforced in a civil action, regardless of whether the conduct involved in the proceeding constitutes an offense defined in chapter 743, Oregon Laws 1971.
(4) No conviction of a person for an offense works a forfeiture of the property of the person, except in cases where a forfeiture is expressly provided by law. [1971 c.743 §6]
Note:
See note under 161.015.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 161 - General Provisions › Section 161.055 - Burden of proof as to defenses.

(1) When a "defense," other than an "affirmative defense" as defined in subsection (2) of this section, is raised at a trial, the state has the burden of disproving the defense beyond a reasonable doubt.
(2) When a defense, declared to be an "affirmative defense" by chapter 743, Oregon Laws 1971, is raised at a trial, the defendant has the burden of proving the defense by a preponderance of the evidence.
(3) The state is not required to negate a defense as defined in subsection (1) of this section unless it is raised by the defendant. "Raised by the defendant" means either notice in writing to the state before commencement of trial or affirmative evidence by a defense witness in the defendant’s case in chief. [1971 c.743 §4]
Note:
See note under 161.015.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 161 - General Provisions › Section 161.065 - Evidence of physical injury.

(1) In a prosecution for an offense that includes, as an element, causing physical injury to another person, evidence of physical injury may include but is not limited to:
(a) Testimony by the person alleged to have been injured;
(b) Evidence of physical trauma;
(c) Testimony from witnesses indicating that the person alleged to have been injured experienced substantial pain or impairment of physical condition; or
(d) Expert testimony addressing the effect of the type and amount of force used by the defendant.
(2) As used in this section, "physical trauma" includes but is not limited to fractures, cuts, punctures, bruises, burns or other observable effects. [2023 c.205 §1]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 161 - General Provisions › Section 161.067 - Determining punishable offenses for violation of multiple statutory provisions, multiple victims or repeated violations.

(1) When the same conduct or criminal episode violates two or more statutory provisions and each provision requires proof of an element that the others do not, there are as many separately punishable offenses as there are separate statutory violations.
(2) When the same conduct or criminal episode, though violating only one statutory provision involves two or more victims, there are as many separately punishable offenses as there are victims. However, two or more persons owning joint interests in real or personal property shall be considered a single victim for purposes of determining the number of separately punishable offenses if the property is the subject of one of the following crimes:
(a) Theft as defined in ORS 164.015.
(b) Unauthorized use of a vehicle as defined in ORS 164.135.
(c) Criminal possession of rented or leased personal property as defined in ORS 164.140.
(d) Criminal possession of a rented or leased motor vehicle as defined in ORS 164.138.
(e) Burglary as defined in ORS 164.215 or 164.225.
(f) Criminal trespass as defined in ORS 164.243, 164.245, 164.255, 164.265 or 164.278.
(g) Arson and related offenses as defined in ORS 164.315, 164.325 or 164.335.
(h) Forgery and related offenses as defined in ORS 165.002 to 165.070.
(3) When the same conduct or criminal episode violates only one statutory provision and involves only one victim, but nevertheless involves repeated violations of the same statutory provision against the same victim, there are as many separately punishable offenses as there are violations, except that each violation, to be separately punishable under this subsection, must be separated from other such violations by a sufficient pause in the defendant’s criminal conduct to afford the defendant an opportunity to renounce the criminal intent. Each method of engaging in oral or anal sexual intercourse as defined in ORS 163.305, and each method of engaging in unlawful sexual penetration as defined in ORS 163.408 and 163.411 shall constitute separate violations of their respective statutory provisions for purposes of determining the number of statutory violations. [1987 c.2 §13; 1991 c.386 §9; 2003 c.629 §4; 2007 c.684 §3; 2017 c.318 §1]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 161 - General Provisions › Section 161.085 - Definitions with respect to culpability.

As used in chapter 743, Oregon Laws 1971, and ORS 166.635, unless the context requires otherwise:
(1) "Act" means a bodily movement.
(2) "Voluntary act" means a bodily movement performed consciously and includes the conscious possession or control of property.
(3) "Omission" means a failure to perform an act the performance of which is required by law.
(4) "Conduct" means an act or omission and its accompanying mental state.
(5) "To act" means either to perform an act or to omit to perform an act.
(6) "Culpable mental state" means intentionally, knowingly, recklessly or with criminal negligence as these terms are defined in subsections (7), (8), (9) and (10) of this section.
(7) "Intentionally" or "with intent," when used with respect to a result or to conduct described by a statute defining an offense, means that a person acts with a conscious objective to cause the result or to engage in the conduct so described.
(8) "Knowingly" or "with knowledge," when used with respect to conduct or to a circumstance described by a statute defining an offense, means that a person acts with an awareness that the conduct of the person is of a nature so described or that a circumstance so described exists.
(9) "Recklessly," when used with respect to a result or to a circumstance described by a statute defining an offense, means that a person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that disregard thereof constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.
(10) "Criminal negligence" or "criminally negligent," when used with respect to a result or to a circumstance described by a statute defining an offense, means that a person fails to be aware of a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that the failure to be aware of it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation. [1971 c.743 §7; 1973 c.139 §2]
Note:
See note under 161.015.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 161 - General Provisions › Section 161.095 - Requirements for criminal liability.

(1) The minimal requirement for criminal liability is the performance by a person of conduct which includes a voluntary act or the omission to perform an act which the person is capable of performing.
(2) Except as provided in ORS 161.105, a person is not guilty of an offense unless the person acts with a culpable mental state with respect to each material element of the offense that necessarily requires a culpable mental state. [1971 c.743 §8]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 161 - General Provisions › Section 161.105 - Culpability requirement inapplicable to certain violations and offenses.

(1) Notwithstanding ORS 161.095, a culpable mental state is not required if:
(a) The offense constitutes a violation, unless a culpable mental state is expressly included in the definition of the offense; or
(b) An offense defined by a statute outside the Oregon Criminal Code clearly indicates a legislative intent to dispense with any culpable mental state requirement for the offense or for any material element thereof.
(2) Notwithstanding any other existing law, and unless a statute enacted after January 1, 1972, otherwise provides, an offense defined by a statute outside the Oregon Criminal Code that requires no culpable mental state constitutes a violation.
(3) Although an offense defined by a statute outside the Oregon Criminal Code requires no culpable mental state with respect to one or more of its material elements, the culpable commission of the offense may be alleged and proved, in which case criminal negligence constitutes sufficient culpability, and the classification of the offense and the authorized sentence shall be determined by ORS 161.505 to 161.605 and 161.615 to 161.655. [1971 c.743 §9]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 161 - General Provisions › Section 161.115 - Construction of statutes with respect to culpability.

(1) If a statute defining an offense prescribes a culpable mental state but does not specify the element to which it applies, the prescribed culpable mental state applies to each material element of the offense that necessarily requires a culpable mental state.
(2) Except as provided in ORS 161.105, if a statute defining an offense does not prescribe a culpable mental state, culpability is nonetheless required and is established only if a person acts intentionally, knowingly, recklessly or with criminal negligence.
(3) If the definition of an offense prescribes criminal negligence as the culpable mental state, it is also established if a person acts intentionally, knowingly or recklessly. When recklessness suffices to establish a culpable mental state, it is also established if a person acts intentionally or knowingly. When acting knowingly suffices to establish a culpable mental state, it is also established if a person acts intentionally.
(4) Knowledge that conduct constitutes an offense, or knowledge of the existence, meaning or application of the statute defining an offense, is not an element of an offense unless the statute clearly so provides. [1971 c.743 §10]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 161 - General Provisions › Section 161.125 - Drug or controlled substance use or dependence or intoxication as defense.

(1) The use of drugs or controlled substances, dependence on drugs or controlled substances or voluntary intoxication shall not, as such, constitute a defense to a criminal charge, but in any prosecution for an offense, evidence that the defendant used drugs or controlled substances, or was dependent on drugs or controlled substances, or was intoxicated may be offered by the defendant whenever it is relevant to negative an element of the crime charged.
(2) When recklessness establishes an element of the offense, if the defendant, due to the use of drugs or controlled substances, dependence on drugs or controlled substances or voluntary intoxication, is unaware of a risk of which the defendant would have been aware had the defendant been not intoxicated, not using drugs or controlled substances, or not dependent on drugs or controlled substances, such unawareness is immaterial. [1971 c.743 §11; 1973 c.697 §13; 1979 c.744 §6]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 161 - General Provisions › Section 161.155 - Criminal liability for conduct of another.

A person is criminally liable for the conduct of another person constituting a crime if:
(1) The person is made criminally liable by the statute defining the crime; or
(2) With the intent to promote or facilitate the commission of the crime the person:
(a) Solicits or commands such other person to commit the crime; or
(b) Aids or abets or agrees or attempts to aid or abet such other person in planning or committing the crime; or
(c) Having a legal duty to prevent the commission of the crime, fails to make an effort the person is legally required to make. [1971 c.743 §13]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 161 - General Provisions › Section 161.160 - Exclusion of defenses to criminal liability for conduct of another.

In any prosecution for a crime in which criminal liability is based upon the conduct of another person pursuant to ORS 161.155, it is no defense that:
(1) Such other person has not been prosecuted for or convicted of any crime based upon the conduct in question or has been convicted of a different crime or degree of crime; or
(2) The crime, as defined, can be committed only by a particular class or classes of persons to which the defendant does not belong, and the defendant is for that reason legally incapable of committing the crime in an individual capacity. [1971 c.743 §14]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 161 - General Provisions › Section 161.165 - Exemptions to criminal liability for conduct of another.

Except as otherwise provided by the statute defining the crime, a person is not criminally liable for conduct of another constituting a crime if:
(1) The person is a victim of that crime; or
(2) The crime is so defined that the conduct of the person is necessarily incidental thereto. [1971 c.743 §15]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 161 - General Provisions › Section 161.170 - Criminal liability of corporations.

(1) A corporation is guilty of an offense if:
(a) The conduct constituting the offense is engaged in by an agent of the corporation while acting within the scope of employment and in behalf of the corporation and the offense is a misdemeanor or a violation, or the offense is one defined by a statute that clearly indicates a legislative intent to impose criminal liability on a corporation; or
(b) The conduct constituting the offense consists of an omission to discharge a specific duty of affirmative performance imposed on corporations by law; or
(c) The conduct constituting the offense is engaged in, authorized, solicited, requested, commanded or knowingly tolerated by the board of directors or by a high managerial agent acting within the scope of employment and in behalf of the corporation.
(2) As used in this section:
(a) "Agent" means any director, officer or employee of a corporation, or any other person who is authorized to act in behalf of the corporation.
(b) "High managerial agent" means an officer of a corporation who exercises authority with respect to the formulation of corporate policy or the supervision in a managerial capacity of subordinate employees, or any other agent in a position of comparable authority. [1971 c.743 §16]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 161 - General Provisions › Section 161.175 - Criminal liability of an individual for corporate conduct.

A person is criminally liable for conduct constituting an offense which the person performs or causes to be performed in the name of or in behalf of a corporation to the same extent as if such conduct were performed in the person’s own name or behalf. [1971 c.743 §17]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 161 - General Provisions › Section 161.195 - "Justification" described.

(1) Unless inconsistent with other provisions of chapter 743, Oregon Laws 1971, defining justifiable use of physical force, or with some other provision of law, conduct which would otherwise constitute an offense is justifiable and not criminal when it is required or authorized by law or by a judicial decree or is performed by a public servant in the reasonable exercise of official powers, duties or functions.
(2) As used in subsection (1) of this section, "laws and judicial decrees" include but are not limited to:
(a) Laws defining duties and functions of public servants;
(b) Laws defining duties of private citizens to assist public servants in the performance of certain of their functions;
(c) Laws governing the execution of legal process;
(d) Laws governing the military services and conduct of war; and
(e) Judgments and orders of courts. [1971 c.743 §19]
Note:
See note under 161.015.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 161 - General Provisions › Section 161.200 - Choice of evils.

(1) Unless inconsistent with other provisions of chapter 743, Oregon Laws 1971, defining justifiable use of physical force, or with some other provision of law, conduct which would otherwise constitute an offense is justifiable and not criminal when:
(a) That conduct is necessary as an emergency measure to avoid an imminent public or private injury; and
(b) The threatened injury is of such gravity that, according to ordinary standards of intelligence and morality, the desirability and urgency of avoiding the injury clearly outweigh the desirability of avoiding the injury sought to be prevented by the statute defining the offense in issue.
(2) The necessity and justifiability of conduct under subsection (1) of this section shall not rest upon considerations pertaining only to the morality and advisability of the statute, either in its general application or with respect to its application to a particular class of cases arising thereunder. [1971 c.743 §20]
Note:
See note under 161.015.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 161 - General Provisions › Section 161.205 - Use of physical force generally.

The use of physical force upon another person that would otherwise constitute an offense is justifiable and not criminal under any of the following circumstances:
(1)(a) A parent or legal guardian of a minor child may use reasonable physical force upon the minor child when and to the extent the person reasonably believes the physical force is necessary to maintain discipline or promote the welfare of the minor child, unless the physical force constitutes abuse as defined in ORS 418.257 or 419B.005.
(b) Personnel of a public education program, as that term is defined in ORS 339.285, may use reasonable physical force upon a student only to the extent that the application of force is consistent with ORS 339.285 to 339.303 and is not corporal punishment as defined in ORS 339.250 (9).
(2) Subject to ORS 161.237 and 421.107, an authorized official of a jail, prison or correctional facility, including a youth correction facility as defined in ORS 162.135, may use physical force when and to the extent that the official reasonably believes it necessary to maintain order and discipline or as is authorized by law.
(3) A person responsible for the maintenance of order in a common carrier of passengers, or a person acting under the direction of the person, may use physical force when and to the extent that the person reasonably believes it necessary to maintain order, but the person may use deadly physical force only when the person reasonably believes it necessary to prevent death or serious physical injury.
(4) A person acting under a reasonable belief that another person is about to commit suicide or to inflict serious physical self-injury may use physical force upon that person to the extent that the person reasonably believes it necessary to thwart the result.
(5) A person may use physical force upon another person in self-defense or in defending a third person, in defending property, in making an arrest or in preventing an escape, as hereafter prescribed in chapter 743, Oregon Laws 1971. [1971 c.743 §21; 1981 c.246 §1; 2011 c.665 §§10,11; 2013 c.133 §4; 2013 c.267 §4; 2019 c.267 §7; 2019 c.333 §2; 2020 s.s.2 c.3 §2; 2023 c.27 §1]
Note:
See note under 161.015.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 161 - General Provisions › Section 161.209 - Use of physical force in defense of a person.

Except as provided in ORS 161.215 and 161.219, a person is justified in using physical force upon another person for self-defense or to defend a third person from what the person reasonably believes to be the use or imminent use of unlawful physical force, and the person may use a degree of force which the person reasonably believes to be necessary for the purpose. [1971 c.743 §22]