There Is a Newer Version of the Oregon Revised Statutes
2011 Oregon Revised Statutes
ORS Volume 4, Chapters 131 - 170
ORS Chapter 161
- 161.005 Short title.
- 161.010 [Repealed by 1971 c.743 432]
- 161.015 General definitions.
- Note 1:
- 161.015. As used in chapter 743, Oregon Laws 1971, and ORS 166.635, unless the context requires otherwise: (1) Dangerous weapon means any weapon, device, instrument, material or substance which under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing death or serious physical injury. (2) Deadly weapon means any instrument, article or substance specifically designed for and presently capable of causing death or serious physical injury. (3) Deadly physical force means physical force that under the circumstances in which it is used is readily capable of causing death or serious physical injury. (4) Peace officer means: (a) A member of the Oregon State Police; (b) A sheriff, constable, marshal, municipal police officer or reserve officer as defined in ORS 133.005, or a police officer commissioned by a university under ORS 352.383; (c) An investigator of the Criminal Justice Division of the Department of Justice or investigator of a district attorney s office; and (d) Any other person designated by law as a peace officer. (5) Person means a human being and, where appropriate, a public or private corporation, an unincorporated association, a partnership, a government or a governmental instrumentality. (6) Physical force includes, but is not limited to, the use of an electrical stun gun, tear gas or mace. (7) Physical injury means impairment of physical condition or substantial pain. (8) Serious physical injury means physical injury which creates a substantial risk of death or which causes serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ. (9) Possess means to have physical possession or otherwise to exercise dominion or control over property. (10) Public place means a place to which the general public has access and includes, but is not limited to, hallways, lobbies and other parts of apartment houses and hotels not constituting rooms or apartments designed for actual residence, and highways, streets, schools, places of amusement, parks, playgrounds and premises used in connection with public passenger transportation.
- Note 2:
- 161.020 [Amended by 1967 c.372 9; repealed by 1971 c.743 432]
- 161.025 Purposes; principles of construction.
- Note: See second note under 161.015.
- 161.030 [Amended by 1955 c.660 20; 1967 c.372 10; repealed by 1971 c.743 432]
- 161.035 Application of Criminal Code.
- Note: See second note under 161.015.
- 161.040 [Repealed by 1971 c.743 432]
- 161.045 Limits on application.
- Note: See second note under 161.015.
- 161.050 [Repealed by 1971 c.743 432]
- 161.055 Burden of proof as to defenses.
- Note: See second note under 161.015.
- 161.060 [Repealed by 1971 c.743 432]
- 161.062 [1985 c.722 4; 1991 c.386 8; repealed by 1999 c.136 1]
- 161.067 Determining punishable offenses for violation of multiple statutory provisions, multiple victims or repeated violations.
- 161.070 [Repealed by 1971 c.743 432]
- 161.075 [1965 c.516 1; repealed by 1971 c.743 432]
- 161.080 [Repealed by 1971 c.743 432] CRIMINAL LIABILITY
- 161.085 Definitions with respect to culpability.
- Note: See second note under 161.015.
- 161.090 [Amended by 1967 c.372 11; repealed by 1971 c.743 432]
- 161.095 Requirements for criminal liability.
- 161.100 [Repealed by 1971 c.743 432]
- 161.105 Culpability requirement inapplicable to certain violations and offenses.
- 161.110 [Repealed by 1971 c.743 432]
- 161.115 Construction of statutes with respect to culpability.
- 161.120 [Repealed by 1971 c.743 432]
- 161.125 Drug or controlled substance use or dependence or intoxication as defense.
- 161.150 Criminal liability described.
- 161.155 Criminal liability for conduct of another.
- 161.160 Exclusion of defenses to criminal liability for conduct of another.
- 161.165 Exemptions to criminal liability for conduct of another.
- 161.170 Criminal liability of corporations.
- 161.175 Criminal liability of an individual for corporate conduct.
- 161.190 Justification as a defense.
- 161.195 Justification described.
- Note: See second note under 161.015.
- 161.200 Choice of evils.
- Note: See second note under 161.015.
- 161.205 Use of physical force generally.
- Note 1:
- 161.205. 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 parent, guardian or other person entrusted with the care and supervision of a minor or an incompetent person may use reasonable physical force upon such minor or incompetent person when and to the extent the person reasonably believes it necessary to maintain discipline or to promote the welfare of the minor or incompetent person. A teacher may use reasonable physical force upon a student when and to the extent the teacher reasonably believes it necessary to maintain order in the school or classroom or at a school activity or event, whether or not it is held on school property. (2) An authorized official of a jail, prison or correctional facility 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.
- Note 2:
- 161.205. 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 parent, guardian or other person entrusted with the care and supervision of a minor or an incompetent person may use reasonable physical force upon such minor or incompetent person when and to the extent the person reasonably believes it necessary to maintain discipline or to promote the welfare of the minor or incompetent person. A teacher may use reasonable physical force upon a student when and to the extent the teacher reasonably believes it necessary to maintain order in the school or classroom or at a school activity or event, whether or not it is held on school property. (2) An authorized official of a jail, prison or correctional facility 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.
- Note 3:
- 161.209 Use of physical force in defense of a person.
- 161.210 [Repealed by 1971 c.743 432]
- 161.215 Limitations on use of physical force in defense of a person.
- 161.219 Limitations on use of deadly physical force in defense of a person.
- 161.220 [Repealed by 1971 c.743 432]
- 161.225 Use of physical force in defense of premises.
- 161.229 Use of physical force in defense of property.
- 161.230 [Repealed by 1971 c.743 432]
- 161.235 Use of physical force in making an arrest or in preventing an escape.
- 161.239 Use of deadly physical force in making an arrest or in preventing an escape.
- 161.240 [Repealed by 1971 c.743 432]
- 161.245 Reasonable belief described; status of unlawful arrest.
- 161.249 Use of physical force by private person assisting an arrest.
- 161.250 [Repealed by 1971 c.743 432]
- 161.255 Use of physical force by private person making citizen s arrest.
- 161.260 Use of physical force in resisting arrest prohibited.
- 161.265 Use of physical force to prevent escape.
- 161.267 Use of physical force by corrections officer or official employed by Department of Corrections.
- 161.270 Duress.
- 161.275 Entrapment.
- 161.290 Incapacity due to immaturity.
- 161.295 Effect of mental disease or defect; guilty except for insanity.
- Note: See second note under 161.015.
- 161.300 Evidence of disease or defect admissible as to intent.
- 161.305 Disease or defect as affirmative defense.
- 161.309 Notice and report prerequisite to defense; content.
- 161.310 [Repealed by 1971 c.743 432]
- 161.313 Jury instructions; insanity.
- 161.315 Right of state to obtain mental examination of defendant; limitations.
- 161.319 Form of verdict on guilty except for insanity.
- 161.320 [Repealed by 1971 c.743 432]
- 161.325 Entry of judgment of guilty except for insanity; dispositional order.
- 161.326 Notice to victim.
- Note: 161.326 was enacted into law by the Legislative Assembly but was not added to or made a part of 161.290 to 161.370 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 161.327 Commitment or conditional release of person found guilty except for insanity of felony; appeal.
- 161.328 Commitment of person found guilty except for insanity of misdemeanor.
- 161.329 Order of discharge.
- 161.330 [Repealed by 1971 c.743 432]
- 161.332 Definitions.
- 161.335 [1971 c.743 46; 1973 c.137 1; 1975 c.380 1; repealed by 1977 c.380 10 (161.336 enacted in lieu of 161.335)]
- 161.336 Conditional release by agency; termination or modification of conditional release; hearing.
- 161.340 [1971 c.743 47; 1975 c.380 2; repealed by 1977 c.380 12 (161.341 enacted in lieu of 161.340)]
- 161.341 Application for discharge or conditional release; release plan; examination; right to hearing.
- 161.345 [1971 c.743 48; repealed by 1977 c.380 14 (161.346 enacted in lieu of 161.345)]
- 161.346 Hearings on discharge, conditional release, commitment or modification; jurisdiction; psychiatric reports; notice of hearing.
- 161.348 Judicial review.
- 161.349 Commission of crime by person committed under ORS 161.315 to 161.351.
- 161.350 [1971 c.743 49; 1975 c.380 3; repealed by 1977 c.380 16 (161.351 enacted in lieu of 161.350)]
- 161.351 Discharge by agency; effect of remission; protection of society.
- 161.360 Mental disease or defect excluding fitness to proceed.
- 161.365 Procedure for determining issue of fitness to proceed.
- 161.370 Determination of fitness; effect of finding of unfitness; proceedings if fitness regained; pretrial objections by defense counsel.
- 161.375 Escape of person placed at hospital or facility; authority to order arrest.
- 161.380 [1971 c.743 53; renumbered 161.290]
- 161.385 Psychiatric Security Review Board; composition, term, qualifications, compensation, appointment, confirmation and meetings.
- 161.387 Board to implement policies; rulemaking.
- Note: 161.387 was enacted into law by the Legislative Assembly but was not added to or made a part of 161.385 to 161.395 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 161.390 Rules for assignment of persons to state mental hospitals or secure intensive community inpatient facilities; release plan prepared by Oregon Health Authority.
- 161.392 Certification of psychiatrists and licensed psychologists; rules; fees.
- Note: 161.392 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 161 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- Note: Sections 1 and 2, chapter 426, Oregon Laws 2009, provide:
- Sec. 1. Plan for underserved regions.
- Sec. 2.
- Note: Sections 34 and 35, chapter 708, Oregon Laws 2011, provide:
- Sec. 34. Report on implementation and effects of chapter 708, Oregon Laws 2011.
- Sec. 35.
- 161.395 Subpoena power.
- 161.397 Psychiatric Security Review Board Account.
- 161.400 Leave of absence; notice to agency.
- 161.403 [1983 c.800 14; repealed by 1993 c.77 1] INCHOATE CRIMES
- 161.405 Attempt described.
- 161.425 Impossibility not a defense.
- 161.430 Renunciation as a defense to attempt.
- 161.435 Solicitation.
- 161.440 Renunciation as defense to solicitation.
- 161.450 Criminal conspiracy described.
- 161.455 Conspiratorial relationship.
- 161.460 Renunciation as defense to conspiracy.
- 161.465 Duration of conspiracy.
- 161.475 Defenses to solicitation and conspiracy.
- 161.485 Multiple convictions barred in inchoate crimes.
- 161.505 Offense described.
- 161.515 Crime described.
- 161.525 Felony described.
- 161.535 Classification of felonies.
- 161.545 Misdemeanor described.
- 161.555 Classification of misdemeanors.
- 161.565 [1971 c.743 71; 1987 c.783 1; 1989 c.1053 17; 1991 c.111 17; 1993 c.533 4; 1997 c.852 12; repealed by 1999 c.1051 49]
- 161.566 Misdemeanor treated as violation; prosecuting attorney s election.
- 161.568 Misdemeanor treated as violation; court s election.
- 161.570 Felony treated as misdemeanor.
- 161.575 [1971 c.743 72; repealed by 1999 c.1051 49]
- 161.585 Classification of certain crimes determined by punishment.
- 161.605 Maximum prison terms for felonies.
- 161.610 Enhanced penalty for use of firearm during commission of felony; pleading; minimum penalties; suspension or reduction of penalty.
- 161.615 Prison terms for misdemeanors.
- 161.620 Sentences imposed upon waiver from juvenile court.
- 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.
- 161.625 Fines for felonies.
- 161.635 Fines for misdemeanors.
- 161.645 Standards for imposing fines.
- 161.655 Fines for corporations.
- 161.665 Costs.
- 161.675 Time and method of payment of fines, restitution and costs.
- 161.685 Effect of nonpayment of fines, restitution or costs; report to consumer reporting agency; rules.
- 161.705 Reduction of certain felonies to misdemeanors.
- 161.715 Standards for discharge of defendant.
- 161.725 Standards for sentencing of dangerous offenders.
- 161.735 Procedure for determining whether defendant dangerous.
- 161.737 Sentence imposed on dangerous offender as departure from sentencing guidelines.
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.
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