Oregon Chapter 131

TITLE 14

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TITLE 14

 

PROCEDURE IN CRIMINAL MATTERS GENERALLY

 

Chapter     131.     Preliminary Provisions; Limitations; Jurisdiction; Venue; Criminal Forfeiture; Crime Prevention

                  132.     Grand Jury, Indictments and Other Accusatory Instruments

                  133.     Arrest and Related Procedures; Search and Seizure; Extradition

                  135.     Arraignment and Pretrial Provisions

                  136.     Criminal Trials

                  137.     Judgment and Execution; Parole and Probation by the Court

                  138.     Appeals; Post-Conviction Relief

                  142.     Stolen Property

                  144.     Parole; Post-Prison Supervision; Work Release; Executive Clemency; Standards for Prison Terms and Parole; Presentence Reports

                  146.     Investigations of Deaths, Injuries and Missing Persons

                  147.     Victims of Crime and Acts of Mass Destruction

                  151.     Public Defenders; Counsel for Financially Eligible Persons

                  153.     Violations and Traffic Offenses

_______________

 

Chapter 131 — Preliminary Provisions; Limitations; Jurisdiction;

Venue; Criminal Forfeiture; Crime Prevention

 

2007 EDITION

 

PRELIMINARY PROVISIONS

 

PROCEDURE IN CRIMINAL MATTERS GENERALLY

 

PUBLIC SAFETY STRATEGIES TASK FORCE

 

(Temporary provisions relating to Public Safety Strategies Task Force are compiled as notes preceding ORS 131.005)

 

PRELIMINARY PROVISIONS

 

131.005     General definitions

 

131.007     “Victim” defined

 

131.015     Application to prior and subsequent actions

 

131.025     Parties in criminal action

 

131.035     When departures, errors or mistakes in pleadings or proceedings are material

 

131.040     When law enforcement officer may communicate with person represented by counsel

 

131.045     Appearances by simultaneous electronic transmission

 

TIME LIMITATIONS

 

131.105     Timeliness of criminal actions

 

131.125     Time limitations

 

131.135     When prosecution commenced

 

131.145     When time starts to run; tolling of statute

 

131.155     Tolling of statute; three-year maximum

 

JURISDICTION

 

131.205     Definition for ORS 131.205 to 131.235

 

131.215     Jurisdiction

 

131.225     Exceptions

 

131.235     Criminal homicide

 

VENUE

 

131.305     Place of trial

 

131.315     Special provisions

 

131.325     Place of trial; doubt as to place of crime; conduct outside of state

 

131.335     Change of venue

 

131.345     Motion for change of venue; when made

 

131.355     Change of venue for prejudice

 

131.363     Change of venue in other cases

 

131.375     Transmission of transcript on change of venue

 

131.385     Filing of transmitted transcript and papers

 

131.395     Expenses of change; taxation as costs

 

131.405     Attendance of defendant at new place of trial

 

131.415     Conveyance of defendant in custody after change of venue

 

FORMER JEOPARDY

 

131.505     Definitions for ORS 131.505 to 131.525

 

131.515     Previous prosecution; when a bar to second prosecution

 

131.525     Previous prosecution; when not a bar to subsequent prosecution

 

131.535     Proceedings not constituting acquittal

 

CRIMINAL FORFEITURE

 

131.550     Definitions for ORS 131.550 to 131.600

 

131.553     Legislative findings; effect on local laws; remedy not exclusive

 

131.556     Right, title and interest in forfeited property vests in seizing agency

 

131.558     Property subject to forfeiture

 

131.561     Seizure of property subject to forfeiture

 

131.564     Status of seized property; release; maintenance and use

 

131.567     Recorded notice of intent to forfeit real property; form

 

131.570     Notice of seizure for forfeiture; service on persons other than defendant; publication of notice

 

131.573     Petition for expedited hearing

 

131.576     Order restoring custody of property after expedited hearing

 

131.579     Affidavit in response to notice of seizure for forfeiture

 

131.582     Prosecution of criminal forfeiture; indictment or information; burden of proof; judgment; notice to claimants

 

131.585     Extent of judgment

 

131.588     Judgment of forfeiture; contents; effect

 

131.591     Equitable distribution of property or proceeds; intergovernmental agreements

 

131.594     Disposition and distribution of forfeited property when seizing agency not the state

 

131.597     Disposition and distribution of forfeited property when seizing agency is the state

 

131.600     Records and reports

 

131.602     Prohibited conduct for purposes of instrumentalities of crime

 

131.604     Disposition of forfeited cigarettes

 

CRIME PREVENTION

 

(Stopping of Persons)

 

131.605     Definitions for ORS 131.605 to 131.625

 

131.615     Stopping of persons

 

131.625     Frisk of stopped persons

 

(Detention)

 

131.655     Detention and interrogation of persons suspected of theft committed in a store or unlawful operation of audiovisual device in a motion picture theater; probable cause

 

(Prevention by Public Officers)

 

131.665     Prevention by public officers

 

131.675     Dispersal of unlawful or riotous assemblages

 

131.685     Authority of Governor to enter into agreements with other states for crime prevention purposes

 

(Exclusion from Public Property)

 

131.705     Definitions for ORS 131.705 to 131.735

 

131.715     Proclamation of emergency period by Governor

 

131.725     Exclusion from public property

 

131.735     Review of exclusion order

 

(Special Law Enforcement Officers)

 

131.805     Authority to employ special agents

 

131.815     Presentment of facts to circuit court

 

131.825     Hearing

 

131.835     Request that judge of another district conduct hearing; traveling expenses

 

131.845     Findings

 

131.855     Appointment of special officers on finding that laws are not enforced

 

131.860     Qualifying of special officers; powers and duties

 

131.865     Compensation of special officers

 

131.875     Effect of appointment of special officers on salary of regular officers

 

131.880     Appointment of railroad police officers; liability

 

(Rewards)

 

131.885     Offer of reward

 

131.890     Entitlement to reward; use of public money to reward bounty hunter

 

131.892     Offer of reward for information on commission of criminal offense

 

131.895     Procedure for payment

 

131.897     Authority to order repayment of reward as part of sentence

 

LIABILITY FOR MEDICAL EXPENSES OF CERTAIN PERSONS

 

131.900     Liability for medical expenses for person restrained, detained or taken into custody

 

LAW ENFORCEMENT CONTACTS POLICY AND DATA REVIEW COMMITTEE

 

131.905     Legislative findings

 

131.906     Law Enforcement Contacts Policy and Data Review Committee; duties; report

 

131.908     Funding contributions

 

131.909     Moneys received

 

131.910     Measuring progress

 

PUBLIC SAFETY STRATEGIES TASK FORCE

 

      Note: Sections 1 and 2, chapter 832, Oregon Laws 2007, provide:

      Sec. 1. (1) There is created the Public Safety Strategies Task Force consisting of six members appointed as follows:

      (a) The President of the Senate shall appoint two members from among members of the Senate. One member must be either an independent or a member of the Democratic party and one must be a member of the Republican party.

      (b) The Speaker of the House of Representatives shall appoint two members from among members of the House of Representatives. One member must be a member of the Democratic party and one must be a member of the Republican party.

      (c) The Governor shall appoint two members.

      (2) The task force shall:

      (a) Evaluate the amount of investments in state-funded programs, including but not limited to child development programs, to ensure that the funding effectively and efficiently reduces crime;

      (b) Evaluate the amount of investments in state-funded programs that effectively reduce crime rates and victimization rates by reducing recidivism rates;

      (c) Identify ways in which the state can increase support for state-funded programs that reduce criminal and delinquent behavior and reduce crime rates;

      (d) Identify ways in which the state can prevent citizens from becoming involved in crime;

      (e) Make recommendations in order for sentencing laws to better meet the principles of section 15, Article I of the Oregon Constitution;

      (f) Make recommendations based upon cost-benefit analyses of state criminal justice policies; and

      (g) Consider the best use of available resources to reduce crime rates and victimization rates and hold offenders accountable for their actions, including but not limited to the expanded use of DNA sampling, the expanded use of nationwide criminal background checks in jails, improvements in probation, parole and post-prison supervision, and the increased use of local jail beds by the Department of Corrections.

      (3) A majority of the members of the task force constitutes a quorum for the transaction of business.

      (4) Official action by the task force requires the approval of a majority of the members of the task force.

      (5) The task force shall elect one of its members to serve as chairperson.

      (6) If there is a vacancy for any cause, the appointing authority shall make an appointment to become immediately effective.

      (7) The task force shall meet at times and places specified by the call of the chairperson or of a majority of the members of the task force.

      (8) The task force may adopt rules necessary for the operation of the task force.

      (9) The task force shall consult with and may receive testimony from persons knowledgeable in, and representing diverse viewpoints on, public safety issues. These persons may include persons who are, or who represent, crime victims, district attorneys, sheriffs, police chiefs, police officers, public defenders, judges, prevention and treatment providers, corrections officers and criminologists.

      (10) The task force shall submit a report containing the results of its evaluations and its recommendations, which may include recommendations for legislation, to an interim committee related to the judiciary no later than October 1, 2008.

      (11) The Legislative Administrator shall provide staff support to the task force.

      (12) Members of the task force who are not members of the Legislative Assembly are not entitled to compensation or reimbursement for expenses and serve as volunteers on the task force.

      (13) All agencies of state government, as defined in ORS 174.111, are directed to assist the task force in the performance of its duties and, to the extent permitted by laws relating to confidentiality, to furnish such information and advice as the members of the task force consider necessary to perform their duties. [2007 c.832 §1]

      Sec. 2. Section 1 of this 2007 Act is repealed on the date of the convening of the next regular biennial legislative session [January 12, 2009]. [2007 c.832 §2]

 

PRELIMINARY PROVISIONS

 

      131.005 General definitions. As used in sections 1 to 311, chapter 836, Oregon Laws 1973, except as otherwise specifically provided or unless the context requires otherwise:

      (1) “Accusatory instrument” means a grand jury indictment, an information or a complaint.

      (2) “Bench warrant” means a process of a court in which a criminal action is pending, directing a peace officer to take into custody a defendant in the action who has previously appeared before the court upon the accusatory instrument by which the action was commenced, and to bring the defendant before the court. The function of a bench warrant is to achieve the court appearance of a defendant in a criminal action for some purpose other than the initial arraignment of the defendant in the action.

      (3) “Complaint” means a written accusation, verified by the oath of a person and bearing an indorsement of acceptance by the district attorney having jurisdiction thereof, filed with a magistrate, and charging another person with the commission of an offense, other than an offense punishable as a felony. A complaint serves both to commence an action and as a basis for prosecution thereof.

      (4) “Complainant’s information” means a written accusation, verified by the oath of a person and bearing an indorsement of acceptance by the district attorney having jurisdiction thereof, filed with a magistrate, and charging another person with the commission of an offense punishable as a felony. A complainant’s information serves to commence an action, but not as a basis for prosecution thereof.

      (5) “Correctional facility” means any place used for the confinement of persons charged with or convicted of a crime or otherwise confined under a court order. “Correctional facility” does not include a youth correction facility as defined in ORS 162.135 and applies to a state hospital only as to persons detained therein charged with or convicted of a crime, or detained therein after acquittal of a crime by reason of mental disease or defect under ORS 161.290 to 161.370.

      (6) “Criminal action” means an action at law by means of which a person is accused of the commission of a violation, misdemeanor or felony.

      (7) “Criminal proceeding” means any proceeding which constitutes a part of a criminal action or occurs in court in connection with a prospective, pending or completed criminal action.

      (8) “District attorney,” in addition to its ordinary meaning, includes a city attorney as prosecuting officer in the case of municipal ordinance offenses, a county counsel as prosecuting officer under a county charter in the case of county ordinance offenses, and the Attorney General in those criminal actions or proceedings within the jurisdiction of the Attorney General.

      (9) “District attorney’s information” means a written accusation by a district attorney and:

      (a) If filed with a magistrate to charge a person with the commission of an offense, other than an offense punishable as a felony, serves both to commence an action and as a basis for prosecution thereof; or

      (b) If filed with a magistrate to charge a person with the commission of an offense punishable as a felony, serves to commence an action, but not as a basis for prosecution thereof; or

      (c) If, as is otherwise authorized by law, filed in circuit court to charge a person with the commission of an offense, serves as a basis for prosecution thereof.

      (10) “Information” means a district attorney’s information or a complainant’s information.

      (11) “Probable cause” means that there is a substantial objective basis for believing that more likely than not an offense has been committed and a person to be arrested has committed it.

      (12) “Trial court” means a court which by law has jurisdiction over an offense charged in an accusatory instrument and has authority to accept a plea thereto, or try, hear or otherwise dispose of a criminal action based on the accusatory instrument.

      (13) “Ultimate trial jurisdiction” means the jurisdiction of a court over a criminal action or proceeding at the highest trial level.

      (14) “Warrant of arrest” means a process of a court, directing a peace officer to arrest a defendant and to bring the defendant before the court for the purpose of arraignment upon an accusatory instrument filed therewith by which a criminal action against the defendant has been commenced. [1973 c.836 §1; 1983 c.760 §1; 1995 c.738 §3; 1997 c.249 §42; 1997 c.801 §101; 1999 c.1051 §122]

 

      Note: Legislative Counsel has substituted “chapter 836, Oregon Laws 1973,” for the words “this Act” in sections 1 and 2, chapter 836, Oregon Laws 1973, compiled as 131.005 and 131.015. Specific ORS references have not been substituted, pursuant to 173.160. These sections may be determined by referring to the 1973 Comparative Section Table located in Volume 20 of ORS.

 

      131.007 “Victim” defined. As used in ORS 40.385, 135.230, 135.406, 135.970, 147.417, 147.419 and 147.421 and in ORS chapters 136, 137 and 144, except as otherwise specifically provided or unless the context requires otherwise, “victim” means the person or persons who have suffered financial, social, psychological or physical harm as a result of a crime and includes, in the case of a homicide or abuse of corpse in any degree, a member of the immediate family of the decedent and, in the case of a minor victim, the legal guardian of the minor. In no event shall the criminal defendant be considered a victim. [1987 c.2 §17; 1993 c.294 §3; 1997 c.313 §30]

 

      131.010 [Repealed by 1973 c.836 §358]

 

      131.015 Application to prior and subsequent actions.(1) The provisions of chapter 836, Oregon Laws 1973, apply to:

      (a) All criminal actions and proceedings commenced upon or after January 1, 1974, and all appeals and other post-judgment proceedings relating or attaching thereto; and

      (b) All matters of criminal procedure prescribed in chapter 836, Oregon Laws 1973, which do not constitute a part of any particular action or case, occurring upon or after January 1, 1974.

      (2) The provisions of chapter 836, Oregon Laws 1973, do not impair or render ineffectual any proceedings or procedural matters which occurred before January 1, 1974. [1973 c.836 §2]

 

      Note: See note under 131.005.

 

      131.020 [Repealed by 1973 c.836 §358]

 

      131.025 Parties in criminal action. Except for offenses based on municipal or county ordinances, in a criminal action the State of Oregon is the plaintiff and the person prosecuted is the defendant. [1973 c.836 §3]

 

      131.030 [Repealed by 1973 c.836 §358]

 

      131.035 When departures, errors or mistakes in pleadings or proceedings are material. No departure from the form or mode prescribed by law, error or mistake in any criminal pleading, action or proceeding renders it invalid, unless it has prejudiced the defendant in respect to a substantial right. [1973 c.836 §4]

 

      131.040 When law enforcement officer may communicate with person represented by counsel. A law enforcement officer may communicate with a person who is represented by counsel without obtaining the prior consent of counsel, and an attorney who prosecutes violations of the criminal laws of this state or the United States is not required to forbid or otherwise prevent the communication, if:

      (1) The communication is related to a criminal investigation;

      (2) No accusatory instrument has been filed charging the person with the commission of an offense that is the subject of the investigation or communication, and no juvenile petition has been filed alleging acts that would constitute the commission of an offense that is the subject of the investigation or communication; and

      (3) The communication is not in violation of the Constitution of the United States or of the State of Oregon. [1995 c.657 §19]

 

      131.045 Appearances by simultaneous electronic transmission. (1) As used in this section:

      (a) “Criminal proceeding” has the meaning given that term in ORS 131.005.

      (b) “Parties” means the State of Oregon and the person being prosecuted.

      (c) “Simultaneous electronic transmission” means television, telephone or any other form of electronic communication transmission if the form of transmission allows:

      (A) The court and the person making the appearance to communicate with each other during the proceeding;

      (B) A defendant who is represented by counsel to consult privately with defense counsel during the proceeding;

      (C) The victim to participate in the proceeding to the same extent that the victim is entitled to participate when the person making the appearance is physically present in the court; and

      (D) The public to hear and, if the transmission includes a visual image, to see the appearance if the public has a right to hear and see the appearance when the person making the appearance is physically present in the court.

      (2) When a statute authorizes or requires a person to make a personal appearance before a court in a criminal proceeding, the person may appear by being physically present in the court or by simultaneous electronic transmission if:

      (a) Simultaneous electronic transmission is authorized by court rule under subsection (3) of this section;

      (b) Except as otherwise provided by law, the parties in the proceeding and the court agree to appearance by simultaneous electronic transmission; and

      (c) Appearance by simultaneous electronic transmission is not specifically prohibited by statute.

      (3) In order for a person to appear by simultaneous electronic transmission as provided in this section, court rules must provide for the use of the specific type of simultaneous electronic transmission at the court location and for the type of proceeding in which the person is appearing. Court rules allowing the use of simultaneous electronic transmission may establish requirements for its use.

      (4) Notwithstanding subsection (2) of this section, a person may not appear before a jury by simultaneous electronic transmission.

      (5) This section does not apply to a hearing under ORS 138.510 to 138.680. [2005 c.566 §4]

 

TIME LIMITATIONS

 

      131.105 Timeliness of criminal actions. A criminal action must be commenced within the period of limitation prescribed in ORS 131.125 to 131.155. [1973 c.836 §5]

 

      131.110 [Amended by 1971 c.743 §315a; repealed by 1973 c.836 §358]

 

      131.120 [Repealed by 1973 c.836 §358]

 

      131.125 Time limitations. (1) A prosecution for aggravated murder, murder, attempted murder or aggravated murder, conspiracy or solicitation to commit aggravated murder or murder or any degree of manslaughter may be commenced at any time after the commission of the attempt, conspiracy or solicitation to commit aggravated murder or murder, or the death of the person killed.

      (2) A prosecution for any of the following felonies may be commenced within six years after the commission of the crime or, if the victim at the time of the crime was under 18 years of age, anytime before the victim attains 30 years of age or within 12 years after the offense is reported to a law enforcement agency or the Department of Human Services, whichever occurs first:

      (a) Criminal mistreatment in the first degree under ORS 163.205.

      (b) Rape in the third degree under ORS 163.355.

      (c) Rape in the second degree under ORS 163.365.

      (d) Rape in the first degree under ORS 163.375.

      (e) Sodomy in the third degree under ORS 163.385.

      (f) Sodomy in the second degree under ORS 163.395.

      (g) Sodomy in the first degree under ORS 163.405.

      (h) Unlawful sexual penetration in the second degree under ORS 163.408.

      (i) Unlawful sexual penetration in the first degree under ORS 163.411.

      (j) Sexual abuse in the second degree under ORS 163.425.

      (k) Sexual abuse in the first degree under ORS 163.427.

      (L) Using a child in a display of sexual conduct under ORS 163.670.

      (m) Encouraging child sexual abuse in the first degree under ORS 163.684.

      (n) Incest under ORS 163.525.

      (o) Promoting prostitution under ORS 167.012.

      (p) Compelling prostitution under ORS 167.017.

      (q) Luring a minor under ORS 167.057.

      (3) A prosecution for any of the following misdemeanors may be commenced within four years after the commission of the crime or, if the victim at the time of the crime was under 18 years of age, anytime before the victim attains 22 years of age or within four years after the offense is reported to a law enforcement agency or the Department of Human Services, whichever occurs first:

      (a) Sexual abuse in the third degree under ORS 163.415.

      (b) Furnishing sexually explicit material to a child under ORS 167.054.

      (c) Exhibiting an obscene performance to a minor under ORS 167.075.

      (d) Displaying obscene materials to minors under ORS 167.080.

      (4) In the case of crimes described in subsection (2)(L) of this section, the victim is the child engaged in sexual conduct. In the case of the crime described in subsection (2)(n) of this section, the victim is the party to the incest other than the party being prosecuted. In the case of crimes described in subsection (2)(o) and (p) of this section, the victim is the child whose acts of prostitution are promoted or compelled.

      (5) A prosecution for arson in any degree may be commenced within six years after the commission of the crime.

      (6) Except as provided in subsection (7) of this section or as otherwise expressly provided by law, prosecutions for other offenses must be commenced within the following periods of limitations after their commission:

      (a) For any other felony, three years.

      (b) For any misdemeanor, two years.

      (c) For a violation, six months.

      (7) If the period prescribed in subsection (6) of this section has expired, a prosecution nevertheless may be commenced as follows:

      (a) If the offense has as a material element either fraud or the breach of a fiduciary obligation, prosecution may be commenced within one year after discovery of the offense by an aggrieved party or by a person who has a legal duty to represent an aggrieved party and who is not a party to the offense, but in no case shall the period of limitation otherwise applicable be extended by more than three years;

      (b) If the offense is based upon misconduct in office by a public officer or employee, prosecution may be commenced at any time while the defendant is in public office or employment or within two years thereafter, but in no case shall the period of limitation otherwise applicable be extended by more than three years; or

      (c) If the offense is an invasion of personal privacy under ORS 163.700, prosecution may be commenced within one year after discovery of the offense by the person aggrieved by the offense, by a person who has a legal duty to represent the person aggrieved by the offense or by a law enforcement agency, but in no case shall the period of limitation otherwise applicable be extended by more than three years.

      (8) Notwithstanding subsection (2) of this section, a prosecution for rape in the first or second degree, sodomy in the first or second degree, unlawful sexual penetration in the first or second degree or sexual abuse in the first degree may be commenced within 25 years after the commission of the crime if the defendant is identified after the period described in subsection (2) of this section on the basis of DNA (deoxyribonucleic acid) sample comparisons.

      (9) Notwithstanding subsection (8) of this section, if a prosecution for a felony listed in subsection (8) of this section would otherwise be barred by subsection (2) of this section, the prosecution must be commenced within two years of the DNA-based identification of the defendant. [1973 c.836 §6; 1989 c.831 §1; 1991 c.386 §5; 1991 c.388 §1; 1991 c.830 §5; 1995 c.768 §8; 1997 c.427 §1; 1997 c.697 §3; 1997 c.850 §5; 2001 c.375 §1; 2005 c.252 §1; 2005 c.839 §1; 2007 c.840 §1; 2007 c.869 §6]

 

      131.130 [Repealed by 1973 c.836 §358]

 

      131.135 When prosecution commenced. A prosecution is commenced when a warrant or other process is issued, provided that the warrant or other process is executed without unreasonable delay. [1973 c.836 §7]

 

      131.145 When time starts to run; tolling of statute. (1) For the purposes of ORS 131.125, time starts to run on the day after the offense is committed.

      (2) Except as provided in ORS 131.155, the period of limitation does not run during:

      (a) Any time when the accused is not an inhabitant of or usually resident within this state; or

      (b) Any time when the accused hides within the state so as to prevent process being served upon the accused.

      (3) If, when the offense is committed, the accused is out of the state, the action may be commenced within the time provided in ORS 131.125 after the coming of the accused into the state. [1973 c.836 §8; 1987 c.158 §19]

 

      131.155 Tolling of statute; three-year maximum. Notwithstanding ORS 131.145, in no case shall the period of limitation otherwise applicable be extended by more than three years. [1973 c.836 §9]

 

JURISDICTION

 

      131.205 Definition for ORS 131.205 to 131.235. As used in ORS 131.205 to 131.235, “this state” means the land and water and the air space above the land and water with respect to which the State of Oregon has legislative jurisdiction. [1973 c.836 §13]

 

      131.210 [Repealed by 1973 c.836 §358]

 

      131.215 Jurisdiction. Except as otherwise provided in ORS 131.205 to 131.235, a person is subject to prosecution under the laws of this state for an offense that the person commits by the conduct of the person or the conduct of another for which the person is criminally liable if:

      (1) Either the conduct that is an element of the offense or the result that is an element occurs within this state; or

      (2) Conduct occurring outside this state is sufficient under the law of this state to constitute an attempt to commit an offense within this state; or

      (3) Conduct occurring outside this state is sufficient under the law of this state to constitute a conspiracy to commit an offense within this state and an overt act in furtherance of the conspiracy occurs within this state; or

      (4) Conduct occurring within this state establishes complicity in the commission of, or an attempt, solicitation or conspiracy to commit an offense in another jurisdiction which also is an offense under the law of this state; or

      (5) The offense consists of the omission to perform a legal duty imposed by the law of this state with respect to domicile, residence or a relationship to a person, thing or transaction in this state; or

      (6) The offense violates a statute of this state that expressly prohibits conduct outside this state affecting a legislatively protected interest of or within this state and the actor has reason to know that the conduct of the actor is likely to affect that interest. [1973 c.836 §10]

 

      131.220 [Repealed by 1973 c.836 §358]

 

      131.225 Exceptions. (1) Unless in the statute defining the offense a legislative intent clearly appears to declare the conduct criminal, regardless of the place of the result, ORS 131.215 (1) does not apply if:

      (a) Either causing a specified result or an intent to cause or danger of causing that result is an element of an offense; and