1,304 indexed section records · 9 chapters · Snapshot built 2026-10-08 UTC · Machine extraction unreviewed
1,304 matching snapshot records. 2025 edition snapshot. Printed versions and notes are retained; later amendments and operative text require review.
ORS Chapter 161 · 2025 edition · Machine extracted
161.005 Short title. ORS 161.005 to 161.055, 161.065, 161.085 to 161.125, 161.150 to 161.175, 161.190 to 161.275, 161.290 to 161.373, 161.405 to 161.485, 161.505 to 161.585, 161.605, 161.615 to 161.685, 161.705 to 161.737, 162.005, 162.015 to 162.035, 162.055 to 162.115, 162.135 to 162.205, 162.225 to 162.375, 162.405 to 162.425, 162.465, 163.005, 163.095, 163.107, 163.115, 163.125 to 163.145, 163.149, 163.160 to 163.208, 163.191, 163.196, 163.215 to 163.257, 163.261, 163.263, 163.264, 163.266, 163.275, 163.285, 163.305 to 163.467, 163.429, 163.432, 163.433, 163.472, 163.505 to 163.575, 163.665 to 163.693, 163.700, 163.701, 163.715, 163.720,
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161.010 [Repealed by 1971 c.743 §432]
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161.015 General definitions. 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
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161.020 [Amended by 1967 c.372 §9; repealed by 1971 c.743 §432]
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161.025 Purposes; principles of construction. (1) The general purposes of chapter 743, Oregon Laws 1971, are:
(a) To insure the public safety by preventing the commission of offenses through the deterrent influence of the sentences authorized, the correction and rehabilitation of those convicted, and their confinement when required in the interests of public protection.
(b) To forbid and prevent conduct that unjustifiably and inexcusably inflicts or threatens substantial harm to individual or public interests.
(c) To give fair warning of the nature of the conduct declared to constitute an offense and of the sentences authorized upon convic
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161.030 [Amended by 1955 c.660 §20; 1967 c.372 §10; repealed by 1971 c.743 §432]
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161.035 Application of Criminal Code. (1) Chapter 743, Oregon Laws 1971, shall govern the construction of and punishment for any offense defined in chapter 743, Oregon Laws 1971, and committed after January 1, 1972, as well as the construction and application of any defense to a prosecution for such an offense.
(2) Except as otherwise expressly provided, or unless the context requires otherwise, the provisions of chapter 743, Oregon Laws 1971, shall govern the construction of and punishment for any offense defined outside chapter 743, Oregon Laws 1971, and committed after January 1, 1972, as well as the construction and application of any de
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161.040 [Repealed by 1971 c.743 §432]
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161.045 Limits on application. (1) Except as otherwise expressly provided, the procedure governing the accusation, prosecution, conviction and punishment of offenders and offenses is not regulated by chapter 743, Oregon Laws 1971, but by the criminal procedure statutes.
(2) Chapter 743, Oregon Laws 1971, does not affect any power conferred by law upon a court-martial or other military authority or officer to prosecute and punish conduct and offenders violating military codes or laws.
(3) Chapter 743, Oregon Laws 1971, does not bar, suspend or otherwise affect any right or liability to damages, penalty, forfeiture or other remedy authorized
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161.050 [Repealed by 1971 c.743 §432]
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161.055 Burden of proof as to defenses. (1) When a “defense,” other than an “affirmative defense” as defined in subsection (2) of this section, is raised at a trial, the state has the burden of disproving the defense beyond a reasonable doubt.
(2) When a defense, declared to be an “affirmative defense” by chapter 743, Oregon Laws 1971, is raised at a trial, the defendant has the burden of proving the defense by a preponderance of the evidence.
(3) The state is not required to negate a defense as defined in subsection (1) of this section unless it is raised by the defendant. “Raised by the defendant” means either notice in writing to the sta
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161.060 [Repealed by 1971 c.743 §432]
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161.062 [1985 c.722 §4; 1991 c.386 §8; repealed by 1999 c.136 §1]
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161.065 Evidence of physical injury. (1) In a prosecution for an offense that includes, as an element, causing physical injury to another person, evidence of physical injury may include but is not limited to:
(a) Testimony by the person alleged to have been injured;
(b) Evidence of physical trauma;
(c) Testimony from witnesses indicating that the person alleged to have been injured experienced substantial pain or impairment of physical condition; or
(d) Expert testimony addressing the effect of the type and amount of force used by the defendant.
(2) As used in this section, “physical trauma” includes but is not limited to fractures, cuts
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161.067 Determining punishable offenses for violation of multiple statutory provisions, multiple victims or repeated violations. (1)(a) When the same conduct or criminal episode violates two or more statutory provisions and each provision requires proof of an element that the others do not, there are as many separately punishable offenses as there are separate statutory violations.
(b) Notwithstanding ORS 132.586, 163.160 and 163.190 and paragraph (a) of this subsection, a pleading, admission or finding that criminal conduct constitutes a crime involving domestic violence, as defined in ORS 135.230, is not an element for purposes of this sec
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161.070 [Repealed by 1971 c.743 §432]
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161.075 [1965 c.516 §1; repealed by 1971 c.743 §432]
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161.080 [Repealed by 1971 c.743 §432]
CRIMINAL LIABILITY
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161.085 Definitions with respect to culpability. As used in chapter 743, Oregon Laws 1971, and ORS 166.635, unless the context requires otherwise:
(1) “Act” means a bodily movement.
(2) “Voluntary act” means a bodily movement performed consciously and includes the conscious possession or control of property.
(3) “Omission” means a failure to perform an act the performance of which is required by law.
(4) “Conduct” means an act or omission and its accompanying mental state.
(5) “To act” means either to perform an act or to omit to perform an act.
(6) “Culpable mental state” means intentionally, knowingly, recklessly or with criminal negl
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161.090 [Amended by 1967 c.372 §11; repealed by 1971 c.743 §432]
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