2011 Oregon Revised Statutes
ORS Volume 4, Chapters 131 - 170
ORS Chapter 132
132.557 Indictment must contain subcategory facts under certain circumstances.
(1) When a person is charged with a crime committed on or after November 1, 1989, that includes subcategories under the rules of the Oregon Criminal Justice Commission, the state is required to plead specially in the indictment, in addition to the elements of the crime, any subcategory fact on which the state intends to rely to enhance the crime for sentencing purposes. The state shall plead the elements and subcategory facts in a single count. Nothing in this subsection precludes the pleading of alternative theories.
(2) The state must prove each subcategory fact beyond a reasonable doubt and the jury shall return a special verdict of yes or no on each subcategory fact submitted. [1995 c.520 6]
Disclaimer: These codes may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
