reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 161 - General Provisions › Section 161.405 - "Attempt" described.

(1) A person is guilty of an attempt to commit a crime when the person intentionally engages in conduct which constitutes a substantial step toward commission of the crime.
(2) An attempt is a:
(a) Class A felony if the offense attempted is any degree of murder, aggravated murder or treason.
(b) Class B felony if the offense attempted is a Class A felony.
(c) Class C felony if the offense attempted is a Class B felony.
(d) Class A misdemeanor if the offense attempted is a Class C felony or an unclassified felony.
(e) Class B misdemeanor if the offense attempted is a Class A misdemeanor.
(f) Class C misdemeanor if the offense attempted is a Class B misdemeanor.
(g) Violation if the offense attempted is a Class C misdemeanor or an unclassified misdemeanor. [1971 c.743 §54; 2019 c.635 §15a]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 161 - General Provisions › Section 161.425 - Impossibility not a defense.

In a prosecution for an attempt, it is no defense that it was impossible to commit the crime which was the object of the attempt where the conduct engaged in by the actor would be a crime if the circumstances were as the actor believed them to be. [1971 c.743 §55]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 161 - General Provisions › Section 161.430 - Renunciation as a defense to attempt.

(1) A person is not liable under ORS 161.405 if, under circumstances manifesting a voluntary and complete renunciation of the criminal intent of the person, the person avoids the commission of the crime attempted by abandoning the criminal effort and, if mere abandonment is insufficient to accomplish this avoidance, doing everything necessary to prevent the commission of the attempted crime.
(2) The defense of renunciation is an affirmative defense. [1971 c.743 §56]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 161 - General Provisions › Section 161.435 - Solicitation.

(1) A person commits the crime of solicitation if with the intent of causing another to engage in specific conduct constituting a crime punishable as a felony or as a Class A misdemeanor or an attempt to commit such felony or Class A misdemeanor the person commands or solicits such other person to engage in that conduct.
(2) Solicitation is a:
(a) Class A felony if the offense solicited is murder or treason.
(b) Class B felony if the offense solicited is a Class A felony.
(c) Class C felony if the offense solicited is a Class B felony.
(d) Class A misdemeanor if the offense solicited is a Class C felony.
(e) Class B misdemeanor if the offense solicited is a Class A misdemeanor. [1971 c.743 §57]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 161 - General Provisions › Section 161.440 - Renunciation as defense to solicitation.

(1) It is a defense to the crime of solicitation that the person soliciting the crime, after soliciting another person to commit a crime, persuaded the person solicited not to commit the crime or otherwise prevented the commission of the crime, under circumstances manifesting a complete and voluntary renunciation of the criminal intent.
(2) The defense of renunciation is an affirmative defense. [1971 c.743 §58]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 161 - General Provisions › Section 161.450 - "Criminal conspiracy" described.

(1) A person is guilty of criminal conspiracy if with the intent that conduct constituting a crime punishable as a felony or a Class A misdemeanor be performed, the person agrees with one or more persons to engage in or cause the performance of such conduct.
(2) Criminal conspiracy is a:
(a) Class A felony if an object of the conspiracy is commission of murder, treason or a Class A felony.
(b) Class B felony if an object of the conspiracy is commission of a Class B felony.
(c) Class C felony if an object of the conspiracy is commission of a Class C felony.
(d) Class A misdemeanor if an object of the conspiracy is commission of a Class A misdemeanor. [1971 c.743 §59]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 161 - General Provisions › Section 161.455 - Conspiratorial relationship.

If a person is guilty of conspiracy, as defined in ORS 161.450, and knows that a person with whom the person conspires to commit a crime has conspired or will conspire with another person or persons to commit the same crime, the person is guilty of conspiring with such other person or persons, whether or not the person knows their identity, to commit such crime. [1971 c.743 §60]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 161 - General Provisions › Section 161.460 - Renunciation as defense to conspiracy.

(1) It is a defense to a charge of conspiracy that the actor, after conspiring to commit a crime, thwarted commission of the crime which was the object of the conspiracy, under circumstances manifesting a complete and voluntary renunciation of the criminal purpose of the actor. Renunciation by one conspirator does not, however, affect the liability of another conspirator who does not join in the renunciation of the conspiratorial objective.
(2) The defense of renunciation is an affirmative defense. [1971 c.743 §61]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 161 - General Provisions › Section 161.465 - Duration of conspiracy.

For the purpose of application of ORS 131.125:
(1) Conspiracy is a continuing course of conduct which terminates when the crime or crimes which are its object are completed or the agreement that they be committed is abandoned by the defendant and by those with whom the defendant conspired.
(2) Abandonment is presumed if neither the defendant nor anyone with whom the defendant conspired does any overt act in pursuance of the conspiracy during the applicable period of limitation.
(3) If an individual abandons the agreement, the conspiracy is terminated as to the individual only if and when the individual advises those with whom the individual conspired of the abandonment or the individual informs the law enforcement authorities of the existence of the conspiracy and of the participation of the individual therein. [1971 c.743 §62; 1973 c.836 §340]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 161 - General Provisions › Section 161.475 - Defenses to solicitation and conspiracy.

(1) Except as provided in subsection (2) of this section, it is immaterial to the liability of a person who solicits or conspires with another to commit a crime that:
(a) The person or the person whom the person solicits or with whom the person conspires does not occupy a particular position or have a particular characteristic which is an element of such crime, if the person believes that one of them does; or
(b) The person whom the person solicits or with whom the person conspires is irresponsible or has an immunity to prosecution or conviction for the commission of the crime, or, in the case of conspiracy, has feigned the agreement; or
(c) The person with whom the person conspires has not been prosecuted for or convicted of the conspiracy or a crime based upon the conduct in question, or has previously been acquitted.
(2) It is a defense to a charge of solicitation or conspiracy to commit a crime that if the criminal object were achieved, the actor would not be guilty of a crime under the law defining the offense or as an accomplice under ORS 161.150 to 161.165. [1971 c.743 §63]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 161 - General Provisions › Section 161.485 - Multiple convictions barred in inchoate crimes.

(1) It is no defense to a prosecution under ORS 161.405, 161.435 or 161.450 that the offense the defendant either attempted to commit, solicited to commit or conspired to commit was actually committed pursuant to such attempt, solicitation or conspiracy.
(2) A person shall not be convicted of more than one offense defined by ORS 161.405, 161.435 and 161.450 for conduct designed to commit or to culminate in commission of the same crime.
(3) A person shall not be convicted on the basis of the same course of conduct of both the actual commission of an offense and an attempt to commit that offense or solicitation of that offense or conspiracy to commit that offense.
(4) Nothing in this section shall be construed to bar inclusion of multiple counts charging violation of the substantive crime and ORS 161.405, 161.435 and 161.450 in a single indictment or information, provided the penal conviction is consistent with subsections (2) and (3) of this section. [1971 c.743 §64]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 161 - General Provisions › Section 161.505 - "Offense" described.

An offense is conduct for which a sentence to a term of imprisonment or to a fine is provided by any law of this state or by any law or ordinance of a political subdivision of this state. An offense is either a crime, as described in ORS 161.515, or a violation, as described in ORS 153.008. [1971 c.743 §65; 1975 c.451 §173; 1981 c.626 §2; 1981 c.692 §7; 1999 c.1051 §43]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 161 - General Provisions › Section 161.525 - "Felony" described.

Except as provided in ORS 161.585, 161.705 and 161.710, a crime is a felony if it is so designated in any statute of this state or if a person convicted under a statute of this state may be sentenced to a maximum term of imprisonment of more than one year. [1971 c.743 §67; 2017 c.439 §3]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 161 - General Provisions › Section 161.535 - Classification of felonies.

(1) Felonies are classified for the purpose of sentence into the following categories:
(a) Class A felonies;
(b) Class B felonies;
(c) Class C felonies; and
(d) Unclassified felonies.
(2) The particular classification of each felony defined in the Oregon Criminal Code, except murder in any degree under ORS 163.107 or 163.115 and treason under ORS 166.005, is expressly designated in the section defining the crime. An offense defined outside this code which, because of the express sentence provided is within the definition of ORS 161.525, shall be considered an unclassified felony. [1971 c.743 §68; 2019 c.635 §16]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 161 - General Provisions › Section 161.555 - Classification of misdemeanors.

(1) Misdemeanors are classified for the purpose of sentence into the following categories:
(a) Class A misdemeanors;
(b) Class B misdemeanors;
(c) Class C misdemeanors; and
(d) Unclassified misdemeanors.
(2) The particular classification of each misdemeanor defined in the Oregon Criminal Code is expressly designated in the section defining the crime. An offense defined outside this code which, because of the express sentence provided is within the definition of ORS 161.545, shall be considered an unclassified misdemeanor.
(3) An offense defined by a statute of this state, but without specification as to its classification or as to the penalty authorized upon conviction, shall be considered a Class A misdemeanor. [1971 c.743 §70]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 161 - General Provisions › Section 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 at the time of the first appearance of the defendant or in writing filed on or before the time scheduled for the first appearance of the defendant. If no election is made within the time allowed, 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. [1999 c.1051 §47; 2003 c.737 §89; 2011 c.597 §16; 2012 c.82 §2]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 161 - General Provisions › Section 161.568 - Misdemeanor treated as violation; court’s election.

(1) Except as provided in subsection (4) of this section, a court may elect to treat any misdemeanor as a Class A violation for the purpose of entering a default judgment under ORS 153.102 if:
(a) A complaint or information has been filed with the court for the misdemeanor;
(b) The defendant has failed to make an appearance in the proceedings required by the court or by law; and
(c) The court has given notice to the district attorney for the county and the district attorney has informed the court that the district attorney does not object to treating the misdemeanor as a Class A violation.
(2) If the court treats 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 the judgment entered in the matter.
(3) Notwithstanding ORS 153.021, if the court treats a misdemeanor as a Class A violation under this section, 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 court may not treat misdemeanors created under ORS 811.540 or 813.010 as violations under the provisions of this section. [1999 c.1051 §48; 2003 c.737 §90; 2011 c.597 §17; 2012 c.82 §3]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 161 - General Provisions › Section 161.570 - Felony treated as misdemeanor.

(1) As used in this section, "nonperson felony" has the meaning given that term in the rules of the Oregon Criminal Justice Commission.
(2) A district attorney may elect to treat a Class C nonperson felony or a violation of ORS 475.752 (7)(b), 475.854 (2)(c) or 475.874 (2)(c) as a Class A misdemeanor. The election must be made by the district attorney orally or in writing at the time of the first appearance of the defendant. If a district attorney elects to treat a Class C felony or a violation of ORS 475.752 (7)(b), 475.854 (2)(c) or 475.874 (2)(c) as a Class A misdemeanor under this subsection, the court shall amend the accusatory instrument to reflect the charged offense as a Class A misdemeanor.
(3) If, at some time after the first appearance of a defendant charged with a Class C nonperson felony or a violation of ORS 475.752 (7)(b), 475.854 (2)(c) or 475.874 (2)(c), the district attorney and the defendant agree to treat the charged offense as a Class A misdemeanor, the court may allow the offense to be treated as a Class A misdemeanor by stipulation of the parties.
(4) If a Class C felony or a violation of ORS 475.752 (7)(b), 475.854 (2)(c) or 475.874 (2)(c) is treated as a Class A misdemeanor under this section, the court shall clearly denominate the offense as a Class A misdemeanor in any judgment entered in the matter.
(5) If no election or stipulation is made under this section, the case proceeds as a felony.
(6) Before a district attorney may make an election under subsection (2) of this section, the district attorney shall adopt written guidelines for determining when and under what circumstances the election may be made. The district attorney shall apply the guidelines uniformly.
(7) Notwithstanding ORS 161.635, the fine that a court may impose upon conviction of a misdemeanor under this section may not:
(a) Be less than the minimum fine established by ORS 137.286 for a felony; or
(b) Exceed the amount provided in ORS 161.625 for the class of felony receiving Class A misdemeanor treatment. [2003 c.645 §2; 2005 c.708 §47; 2007 c.286 §1; 2011 c.597 §18; 2013 c.591 §4; 2017 c.706 §25; 2021 c.591 §43]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 161 - General Provisions › Section 161.585 - Classification of certain crimes determined by punishment.

(1) When a crime punishable as a felony is also punishable by imprisonment for a maximum term of one year or by a fine, the crime shall be classed as a misdemeanor if the court imposes a punishment other than imprisonment under ORS 137.124 (1).
(2) Notwithstanding the provisions of ORS 161.525, upon conviction of a crime punishable as described in subsection (1) of this section, the crime is a felony for all purposes until one of the following events occurs, after which occurrence the crime is a misdemeanor for all purposes:
(a) Without imposing a sentence of probation, the court imposes a sentence of imprisonment other than to the legal and physical custody of the Department of Corrections.
(b) Without imposing a sentence of probation, the court imposes a fine.
(c) Upon revocation of probation, the court imposes a sentence of imprisonment other than to the legal and physical custody of the Department of Corrections.
(d) Upon revocation of probation, the court imposes a fine.
(e) The court declares the offense to be a misdemeanor, either at the time of imposing a sentence of probation, upon suspension of imposition of a part of a sentence, or on application of defendant or the parole and probation officer of the defendant thereafter.
(f) The court imposes a sentence of probation on the defendant without imposition of any other sentence upon conviction and defendant is thereafter discharged without any other sentence.
(g) Without imposing a sentence of probation and without imposing any other sentence, the court declares the offense to be a misdemeanor and discharges the defendant.
(3) The provisions of this section shall apply only to persons convicted of a felony committed prior to November 1, 1989. [1971 c.743 §73; 1987 c.320 §85; 1989 c.790 §52; 1993 c.14 §18; 2005 c.264 §15]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 161 - General Provisions › Section 161.605 - Maximum terms of imprisonment for felonies.

The maximum term of an indeterminate sentence of imprisonment for a felony is as follows:
(1) For a Class A felony, 20 years.
(2) For a Class B felony, 10 years.
(3) For a Class C felony, 5 years.
(4) For an unclassified felony as provided in the statute defining the crime. [1971 c.743 §74]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 161 - General Provisions › Section 161.615 - Maximum terms of imprisonment for misdemeanors.

Sentences for misdemeanors shall be for a definite term. The court shall fix the term of imprisonment within the following maximum limitations:
(1) For a Class A misdemeanor, 364 days.
(2) For a Class B misdemeanor, 6 months.
(3) For a Class C misdemeanor, 30 days.
(4) For an unclassified misdemeanor, as provided in the statute defining the crime. [1971 c.743 §75; 2017 c.706 §22]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 161 - General Provisions › Section 161.620 - Sentences imposed upon waiver.

Notwithstanding any other provision of law, a sentence imposed upon any person waived under ORS 419C.349, 419C.352, 419C.364 or 419C.370 shall not include any sentence of death or life imprisonment without the possibility of release or parole nor imposition of any mandatory minimum sentence except that a mandatory minimum sentence under:
(1) ORS 137.707 shall be imposed, except as provided in ORS 137.712;
(2) ORS 163.105 (1)(c) shall be imposed; and
(3) ORS 161.610 may be imposed. [1985 c.631 §9; 1989 c.720 §3; 1993 c.33 §306; 1993 c.546 §119; 1995 c.422 §131y; 1999 c.951 §2; 2019 c.634 §8]
Note:
161.620 was added to and made a part of ORS 161.615 to 161.685 by legislative action but was not added to any smaller series in that series. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 161 - General Provisions › Section 161.625 - Fines for felonies.

(1) A sentence to pay a fine for a felony shall be a sentence to pay an amount, fixed by the court, not exceeding:
(a) $500,000 for murder or aggravated murder.
(b) $375,000 for a Class A felony.
(c) $250,000 for a Class B felony.
(d) $125,000 for a Class C felony.
(2) A sentence to pay a fine for an unclassified felony shall be a sentence to pay an amount, fixed by the court, as provided in the statute defining the crime.
(3)(a) If a person has gained money or property through the commission of a felony, then upon conviction thereof the court, in lieu of imposing the fine authorized for the crime under subsection (1) or (2) of this section, may sentence the defendant to pay an amount, fixed by the court, not exceeding double the amount of the defendant’s gain from the commission of the crime.
(b) The provisions of paragraph (a) of this subsection do not apply to the felony theft of a companion animal, as defined in ORS 164.055, or a captive wild animal.
(4) As used in this section, "gain" means the amount of money or the value of property derived from the commission of the felony, less the amount of money or the value of property returned to the victim of the crime or seized by or surrendered to lawful authority before the time sentence is imposed. "Value" shall be determined by the standards established in ORS 164.115.
(5) When the court imposes a fine for a felony the court shall make a finding as to the amount of the defendant’s gain from the crime. If the record does not contain sufficient evidence to support a finding the court may conduct a hearing upon the issue.
(6) Except as provided in ORS 161.655, this section does not apply to a corporation. [1971 c.743 §76; 1981 c.390 §1; 1991 c.837 §11; 1993 c.680 §36; 2003 c.615 §1; 2003 c.737 §86]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 161 - General Provisions › Section 161.635 - Fines for misdemeanors.

(1) A sentence to pay a fine for a misdemeanor shall be a sentence to pay an amount, fixed by the court, not exceeding:
(a) $6,250 for a Class A misdemeanor.
(b) $2,500 for a Class B misdemeanor.
(c) $1,250 for a Class C misdemeanor.
(2) A sentence to pay a fine for an unclassified misdemeanor shall be a sentence to pay an amount, fixed by the court, as provided in the statute defining the crime.
(3) If a person has gained money or property through the commission of a misdemeanor, then upon conviction thereof the court, instead of imposing the fine authorized for the offense under this section, may sentence the defendant to pay an amount fixed by the court, not exceeding double the amount of the defendant’s gain from the commission of the offense. In that event, ORS 161.625 (4) and (5) apply.
(4) This section does not apply to corporations. [1971 c.743 §77; 1981 c.390 §2; 1993 c.680 §30; 1995 c.545 §2; 1999 c.1051 §44; 2003 c.737 §87]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 161 - General Provisions › Section 161.645 - Standards for imposing fines.

In determining whether to impose a fine and its amount, the court shall consider:
(1) The financial resources of the defendant and the burden that payment of a fine will impose, with due regard to the other obligations of the defendant; and
(2) The ability of the defendant to pay a fine on an installment basis or on other conditions to be fixed by the court. [1971 c.743 §78]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 161 - General Provisions › Section 161.655 - Fines for corporations.

(1) A sentence to pay a fine when imposed on a corporation for an offense defined in the Oregon Criminal Code or for an offense defined outside this code for which no special corporate fine is specified, shall be a sentence to pay an amount, fixed by the court, not exceeding:
(a) $50,000 when the conviction is of a felony.
(b) $5,000 when the conviction is of a Class A misdemeanor or of an unclassified misdemeanor for which a term of imprisonment of more than six months is authorized.
(c) $2,500 when the conviction is of a Class B misdemeanor or of an unclassified misdemeanor for which the authorized term of imprisonment is not more than six months.
(d) $1,000 when the conviction is of a Class C misdemeanor or an unclassified misdemeanor for which the authorized term of imprisonment is not more than 30 days.
(2) A sentence to pay a fine, when imposed on a corporation for an offense defined outside the Oregon Criminal Code, if a special fine for a corporation is provided in the statute defining the offense, shall be a sentence to pay an amount, fixed by the court, as provided in the statute defining the offense.
(3) If a corporation has gained money or property through the commission of an offense, then upon conviction thereof the court, in lieu of imposing the fine authorized for the offense under subsection (1) or (2) of this section, may sentence the corporation to pay an amount, fixed by the court, not exceeding double the amount of the corporation’s gain from the commission of the offense. In that event, ORS 161.625 (4) and (5) apply. [1971 c.743 §79; 1999 c.1051 §45]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 161 - General Provisions › Section 161.675 - Time and method of payment of fines, restitution and costs.

(1) When a defendant, as a part of a sentence or as condition of probation or suspension of sentence, is required to pay a sum of money for any purpose, the court may order payment to be made immediately or within a specified period of time or in specified installments. If a defendant is sentenced to a term of imprisonment, any part of the sentence that requires the payment of a sum of money for any purpose is enforceable during the period of imprisonment if the court expressly finds that the defendant has assets to pay all or part of the amounts ordered.
(2) When a defendant whose sentence requires the payment of a sum of money for any purpose is also sentenced to probation or imposition or execution of sentence is suspended, the court may make payment of the sum of money a condition of probation or suspension of sentence.
(3) When a defendant is sentenced to probation or imposition or execution of sentence is suspended and the court requires as a part of the sentence or as a condition of the probation or suspension of sentence that the defendant pay a sum of money in installments, the court, or the court clerk or parole and probation officer if so ordered by the court, shall establish a schedule of payments to satisfy the obligation. A schedule of payments shall be reviewed by the court upon motion of the defendant at any time, so long as the obligation remains unsatisfied. [1971 c.743 §81; 1977 c.371 §4; 1985 c.46 §1; 1993 c.14 §19; 1995 c.512 §3; 2005 c.264 §16]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 161 - General Provisions › Section 161.705 - Reduction of certain felonies to misdemeanors.

(1) Notwithstanding ORS 161.525, the court may enter judgment of conviction for a Class A misdemeanor and make disposition accordingly when:
(a)(A) A person is convicted of any Class C felony; or
(B) A person convicted of a Class C felony, of possession or delivery of marijuana or a marijuana item as defined in ORS 475C.009 constituting a Class B felony, of possession of a controlled substance constituting a Class B felony or of a Class A felony pursuant to ORS 166.720, has successfully completed a sentence of probation; and
(b) The court, considering the nature and circumstances of the crime and the history and character of the defendant, believes that a felony conviction would be unduly harsh.
(2) The entry of judgment of conviction for a Class A misdemeanor under this section may be made:
(a) At the time of conviction, for offenses described in subsection (1)(a)(A) of this section; or
(b) At any time after the sentence of probation has been completed, for offenses described in subsection (1)(a)(B) of this section. [1971 c.743 §83; 1977 c.745 §31; 1979 c.124 §1; 1981 c.769 §8; 2005 c.708 §48; 2009 c.610 §2; 2013 c.591 §5; 2015 c.290 §2; 2015 c.614 §125; 2017 c.21 §100; 2018 c.120 §11]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 161 - General Provisions › Section 161.710 - Reduction of certain felony driving offenses after completion of sentence.

Notwithstanding ORS 161.525, the court has authority, at any time after a sentence of probation has been completed, to enter judgment of conviction for a Class A misdemeanor for a person convicted of criminal driving while suspended or revoked under ORS 811.182 committed before September 1, 1999, and constituting a felony if:
(1) The suspension or revocation resulted from habitual offender status under ORS 809.640;
(2) The person successfully completed the sentence of probation; and
(3) The court finds that, considering the nature and circumstances of the crime and the history and character of the person, it would be unduly harsh for the person to continue to have a felony conviction. [2017 c.439 §2]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 161 - General Provisions › Section 161.715 - Standards for discharge of defendant.

(1) Any court empowered to suspend imposition or execution of sentence or to sentence a defendant to probation may discharge the defendant if:
(a) The conviction is for an offense other than murder, treason or a Class A or B felony; and
(b) The court is of the opinion that no proper purpose would be served by imposing any condition upon the defendant’s release.
(2) If a sentence of discharge is imposed for a felony, the court shall set forth in the record the reasons for its action.
(3) If the court imposes a sentence of discharge, the defendant shall be released with respect to the conviction for which the sentence is imposed without imprisonment, probationary supervision or conditions. The judgment entered by the court shall include a monetary obligation payable to the state in an amount equal to the minimum fine for the offense established by ORS 137.286.
(4) If a defendant pleads not guilty and is tried and found guilty, a sentence of discharge is a judgment on a conviction for all purposes, including an appeal by the defendant.
(5) If a defendant pleads guilty, a sentence of discharge is not appealable, but for all other purposes is a judgment on a conviction. [1971 c.743 §84; 1993 c.14 §20; 2003 c.576 §249; 2011 c.597 §20]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 161 - General Provisions › Section 161.735 - Procedure for determining whether defendant dangerous.

(1) Upon motion of the district attorney, and if, in the opinion of the court, there is reason to believe that the defendant falls within ORS 161.725, the court shall order a presentence investigation and an examination by a psychiatrist or psychologist. The court may appoint one or more qualified psychiatrists or psychologists to examine the defendant in the local correctional facility.
(2) All costs connected with the examination shall be paid by the state.
(3) The examination performed pursuant to this section shall be completed within 30 days, subject to additional extensions not exceeding 30 days on order of the court. Each psychiatrist and psychologist appointed to examine a defendant under this section shall file with the court a written report of findings and conclusions, including an evaluation of whether the defendant is suffering from a severe personality disorder indicating a propensity toward criminal activity.
(4) No statement made by a defendant under this section or ORS 137.124 or 423.090 shall be used against the defendant in any civil proceeding or in any other criminal proceeding.
(5) Upon receipt of the examination and presentence reports the court shall set a time for a presentence hearing, unless the district attorney and the defendant waive the hearing. At the presentence hearing the district attorney and the defendant may question any psychiatrist or psychologist who examined the defendant pursuant to this section.
(6) If, after considering the evidence in the case or in the presentence hearing, the jury or, if the defendant waives the right to a jury trial, the court finds that the defendant comes within ORS 161.725, the court may sentence the defendant as a dangerous offender.
(7) In determining whether a defendant has been previously convicted of a felony for purposes of ORS 161.725, the court shall consider as prima facie evidence of the previous conviction:
(a) A copy of the judicial record of the conviction which copy is authenticated under ORS 40.510;
(b) A copy of the fingerprints of the subject of that conviction which copy is authenticated under ORS 40.510; and
(c) Testimony that the fingerprints of the subject of that conviction are those of the defendant.
(8) Subsection (7) of this section does not prohibit proof of the previous conviction by any other procedure.
(9) The facts required to be found to sentence a defendant as a dangerous offender under this section are enhancement facts, as defined in ORS 136.760, and ORS 136.765 to 136.785 apply to making determinations of those facts. [1971 c.743 §86; 1973 c.836 §341; 1981 c.892 §89a; 1983 c.740 §27; 1987 c.248 §1; 1999 c.163 §9; 2005 c.463 §§10,15; 2007 c.16 §5]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 161 - General Provisions › Section 161.737 - Sentence imposed on dangerous offender as departure from sentencing guidelines.

(1) A sentence imposed under ORS 161.725 and 161.735 for felonies committed on or after November 1, 1989, shall constitute a departure from the sentencing guidelines created by rules of the Oregon Criminal Justice Commission. The findings made to classify the defendant as a dangerous offender under ORS 161.725 and 161.735 shall constitute substantial and compelling reasons to depart from the presumptive sentence as provided by rules of the Oregon Criminal Justice Commission.
(2) When the sentence is imposed, the sentencing judge shall indicate on the record the reasons for the departure and shall impose, in addition to the indeterminate sentence imposed under ORS 161.725, a required incarceration term that the offender must serve before release to post-prison supervision. If the presumptive sentence that would have been imposed if the court had not imposed the sentence under ORS 161.725 and 161.735 as a departure is a prison sentence, the required incarceration term shall be no less than the presumptive incarceration term and no more than twice the maximum presumptive incarceration term. If the presumptive sentence for the offense is probation, the required incarceration term shall be no less than the maximum incarceration term provided by the rule of the Oregon Criminal Justice Commission that establishes incarceration terms for dispositional departures and no more than twice that amount. However, the indeterminate sentence imposed under this section and ORS 161.725 is not subject to any guideline rule establishing limitations on the duration of departures. [1989 c.790 §77; 1993 c.334 §6]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 162 - Offenses Against the State and Public Justice › Section 162.005 - Definitions for ORS 162.005 to 162.425.

As used in ORS 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 campaign contribution reported in accordance with ORS chapter 260.
(2) "Public servant" means:
(a) A public official as defined in ORS 244.020;
(b) A person serving as an advisor, consultant or assistant at the request or direction of the state, any political subdivision thereof or of any governmental instrumentality within the state;
(c) A person nominated, elected or appointed to become a public servant, although not yet occupying the position; and
(d) Jurors. [1971 c.743 §178; 2007 c.865 §22]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 162 - Offenses Against the State and Public Justice › Section 162.015 - Bribe giving.

(1) A person commits the crime of bribe giving if the person offers, confers or agrees to confer any pecuniary benefit upon a public servant with the intent to influence the public servant’s vote, opinion, judgment, action, decision or exercise of discretion in an official capacity.
(2) Bribe giving is a Class B felony. [1971 c.743 §179]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 162 - Offenses Against the State and Public Justice › Section 162.025 - Bribe receiving.

(1) A public servant commits the crime of bribe receiving if the public servant:
(a) Solicits any pecuniary benefit with the intent that the vote, opinion, judgment, action, decision or exercise of discretion as a public servant will thereby be influenced; or
(b) Accepts or agrees to accept any pecuniary benefit upon an agreement or understanding that the vote, opinion, judgment, action, decision or exercise of discretion as a public servant will thereby be influenced.
(2) Bribe receiving is a Class B felony. [1971 c.743 §180]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 162 - Offenses Against the State and Public Justice › Section 162.035 - Bribery defenses.

(1) In any prosecution under ORS 162.015, it is a defense that the defendant offered, conferred or agreed to confer the pecuniary benefit as a result of the public servant’s conduct constituting extortion or coercion.
(2) It is no defense to a prosecution under ORS 162.015 and 162.025 that the person sought to be influenced was not qualified to act in the desired way, whether because the person had not assumed office, lacked jurisdiction or for any other reason. [1971 c.743 §181]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 162 - Offenses Against the State and Public Justice › Section 162.055 - Definitions for ORS 162.055 to 162.425.

As used in ORS 162.055 to 162.425 and 162.465, unless the context requires otherwise:
(1) "Benefit" means gain or advantage to the beneficiary or to a third person pursuant to the desire or consent of the beneficiary.
(2) "Material" means that which could have affected the course or outcome of any proceeding or transaction. Whether a false statement is "material" in a given factual situation is a question of law.
(3) "Statement" means any representation of fact and includes a representation of opinion, belief or other state of mind where the representation clearly relates to state of mind apart from or in addition to any facts which are the subject of the representation.
(4) "Sworn statement" means any statement that attests to the truth of what is stated and that is knowingly given under any form of oath or affirmation or by declaration under penalty of perjury as described in ORCP 1 E.
(5) "Unsworn declaration" has the meaning given that term in ORS 194.805. [1971 c.743 §182; 1981 c.892 §90; 2003 c.194 §4; 2013 c.218 §18]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 162 - Offenses Against the State and Public Justice › Section 162.065 - Perjury.

(1) A person commits the crime of perjury if the person makes a false sworn statement or a false unsworn declaration in regard to a material issue, knowing it to be false.
(2) Perjury is a Class C felony. [1971 c.743 §183; 2013 c.218 §19]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 162 - Offenses Against the State and Public Justice › Section 162.075 - False swearing.

(1) A person commits the crime of false swearing if the person makes a false sworn statement or a false unsworn declaration, knowing it to be false.
(2) False swearing is a Class A misdemeanor. [1971 c.743 §184; 2013 c.218 §20]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 162 - Offenses Against the State and Public Justice › Section 162.085 - Unsworn falsification.

(1) A person commits the crime of unsworn falsification if the person knowingly makes any false written statement to a public servant in connection with an application for any benefit.
(2) Unsworn falsification is a Class B misdemeanor. [1971 c.743 §185]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 162 - Offenses Against the State and Public Justice › Section 162.095 - Defenses to perjury and false swearing limited.

It is no defense to a prosecution for perjury or false swearing that:
(1) The statement was inadmissible under the rules of evidence; or
(2) The oath or affirmation was taken or administered in an irregular manner; or
(3) The defendant mistakenly believed the false statement to be immaterial. [1971 c.743 §186]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 162 - Offenses Against the State and Public Justice › Section 162.105 - Retraction as defense.

(1) It is a defense to a prosecution for perjury or false swearing committed in an official proceeding that the defendant retracted the false statement:
(a) In a manner showing a complete and voluntary retraction of the prior false statement; and
(b) During the course of the same official proceeding in which it was made; and
(c) Before the subject matter of the official proceeding is submitted to the ultimate trier of fact.
(2) "Official proceeding," as used in this section, means a proceeding before any judicial, legislative or administrative body or officer, wherein sworn statements are received, and includes any referee, hearing examiner, commissioner, notary or other person taking sworn statements in connection with such proceedings. Statements made in separate stages of the same trial or administrative proceeding shall be considered to have been made in the course of the same proceeding. [1971 c.743 §187]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 162 - Offenses Against the State and Public Justice › Section 162.117 - Public investment fraud.

(1) A person commits the crime of public investment fraud if, for the purpose of influencing in any way the action of the State Treasury, the person knowingly makes any false statement or report.
(2) Public investment fraud is a Class B felony.
(3) Public investment fraud shall be classified as crime category 6 of the sentencing guidelines grid of the Oregon Criminal Justice Commission.
(4) As used in this section, "action of the State Treasury" includes any application, advance, discount, purchase, purchase agreement, repurchase agreement, commitment or loan, or any change or extension of any of them, by renewal, deferment of action or otherwise, or the acceptance, release or substitution of security therefor. [1993 c.768 §1]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 162 - Offenses Against the State and Public Justice › Section 162.118 - Illegal conduct by State Treasury not a defense.

Illegal conduct by the State Treasury or any of its employees or agents shall not be a defense for any person charged with the crime of public investment fraud or to any person against whom any civil action is brought under ORS 30.862 and 162.117 to 162.121. [1993 c.768 §2]
Note:
See note under 162.117.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 162 - Offenses Against the State and Public Justice › Section 162.119 - Public fraud as racketeering activity.

(1) Conduct constituting a violation of ORS 162.117 shall be an incident of racketeering activity for purposes of criminal actions brought under ORS 166.715 to 166.735.
(2) Conduct giving rise to the civil cause of action described in ORS 30.862 shall be an incident of racketeering activity for purposes of civil actions brought under ORS 166.715 to 166.735. [1993 c.768 §3]
Note:
See note under 162.117.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 162 - Offenses Against the State and Public Justice › Section 162.121 - Construction of ORS 162.117 to 162.121.

The provisions of ORS 30.862 and 162.117 to 162.121 shall be liberally construed to effectuate its remedial purposes. [1993 c.768 §5]
Note:
See note under 162.117.