Search the Oregon penal-code starter collection: ORS Title 16, Crimes and Punishments. Oregon uses the name Oregon Criminal Code within the Oregon Revised Statutes.
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.
161.290 Incapacity due to immaturity. (1) A person who is tried as an adult in a court of criminal jurisdiction is not criminally responsible for any conduct which occurred when the person was under 12 years of age. (2) Incapacity due to immaturity, as defined in subsection (1) of this section, is a defense. [Formerly 161.380; 1995 c.422 §58]
Read stored text, notes and provenance · Open official chapter ↗161.295 Guilty except for insanity. (1) A person is guilty except for insanity if, at the time of engaging in criminal conduct, the person lacks substantial capacity either to appreciate the criminality of the conduct or to conform the conduct to the requirements of law, and: (a) But for a qualifying mental disorder, the person would have had such substantial capacity; (b) A mental disorder other than a qualifying mental disorder is not the primary cause of the lack of substantial capacity; and (c) The lack of substantial capacity is not the result of voluntary intoxication in combination with a qualifying mental disorder, a mental disorde
Read stored text, notes and provenance · Open official chapter ↗161.300 Evidence of qualifying mental disorder admissible as to intent. Evidence that the actor suffered from a qualifying mental disorder is admissible whenever it is relevant to the issue of whether the actor did or did not have the intent which is an element of the crime. [1971 c.743 §37; 2017 c.634 §4]
Read stored text, notes and provenance · Open official chapter ↗161.305 Qualifying mental disorder as affirmative defense. Qualifying mental disorder constituting insanity under ORS 161.295 is an affirmative defense. [1971 c.743 §38; 1983 c.800 §2; 2017 c.634 §5]
Read stored text, notes and provenance · Open official chapter ↗161.309 Notice of mental defense; when report required; contents of report; plea. (1) The defendant may not introduce evidence on the issue of insanity under ORS 161.295, unless the defendant: (a) Gives notice of intent to do so in the manner provided in subsection (3) of this section; and (b) Files with the court a report of a psychiatric or psychological evaluation, conducted by a certified evaluator, in the manner provided in subsection (4) of this section. (2) The defendant may not introduce in the case in chief expert testimony regarding partial responsibility or diminished capacity under ORS 161.300 unless the defendant gives notice
Read stored text, notes and provenance · Open official chapter ↗161.310 [Repealed by 1971 c.743 §432]
Read stored text, notes and provenance · Open official chapter ↗161.313 Jury instructions; insanity. When the issue of insanity under ORS 161.295 is submitted to be determined by a jury in the trial court, the court shall instruct the jury in accordance with ORS 161.327. [1983 c.800 §16]
Read stored text, notes and provenance · Open official chapter ↗161.315 Right of state to obtain mental examination of defendant; limitations; report. (1) Upon filing of notice or the introduction of evidence by the defendant as provided in ORS 161.309, the state shall have the right to have at least one psychiatrist or licensed psychologist of its selection examine the defendant. The state shall file notice with the court of its intention to have the defendant examined. (2)(a) Upon filing of the notice, the court, in its discretion, may order the defendant committed to a state mental hospital or any other suitable facility, if the defendant is 18 years of age or older, for observation and examination, w
Read stored text, notes and provenance · Open official chapter ↗161.319 Form of verdict on guilty except for insanity. When the defendant is found guilty except for insanity under ORS 161.295, the verdict and judgment shall so state. [1971 c.743 §43; 1977 c.380 §4; 1983 c.800 §4]
Read stored text, notes and provenance · Open official chapter ↗161.320 [Repealed by 1971 c.743 §432]
Read stored text, notes and provenance · Open official chapter ↗161.325 Finding of guilty except for insanity; dispositional order. (1) After the defendant is found guilty except for insanity, the court shall, on the basis of the evidence given at the trial or at a separate hearing, if requested by either party, order a disposition as provided in ORS 161.327, 161.328 or 161.329, whichever is appropriate. (2) If the court enters an order as provided in ORS 161.327, it shall also: (a) Determine on the record the offense of which the person otherwise would have been convicted; (b) State on the record the qualifying mental disorder on which the defendant relied for the guilty except for insanity defense;
Read stored text, notes and provenance · Open official chapter ↗161.326 Notice to victim. (1) If the trial court or the Psychiatric Security Review Board determines that a victim desires notification as described in ORS 161.325 (2), the board shall make a reasonable effort to notify the victim of hearings and orders, conditional release, discharge or escape. Nothing in this subsection authorizes the board to disseminate information that is otherwise privileged by law. (2) When the board conducts a hearing involving a person found guilty except for insanity of a crime for which there is a victim, the board shall afford the victim an opportunity to be heard, either orally or in writing, at the hearing. (3
Read stored text, notes and provenance · Open official chapter ↗161.327 Commitment or conditional release of person found guilty except for insanity of felony; consultation; evaluation; appeal; rules. (1) After the defendant is found guilty except for insanity pursuant to ORS 161.319, if the court finds by a preponderance of the evidence that a person found guilty except for insanity of a felony is affected by a qualifying mental disorder and presents a substantial danger to others, the court shall order as follows: (a) If the court finds that the person is not a proper subject for conditional release, the court shall order the person committed to a state hospital or, if the person is under 18 years of a
Read stored text, notes and provenance · Open official chapter ↗161.328 Commitment of person found guilty except for insanity of misdemeanor. (1) After the defendant is found guilty except for insanity pursuant to ORS 161.319, the court shall order a person committed to a state mental hospital or other facility designated by the Oregon Health Authority if: (a) Each offense for which the person is found guilty except for insanity is a misdemeanor; and (b) The court finds that the person is affected by a qualifying mental disorder and presents a substantial danger to others that requires commitment. (2) The total period of commitment under this section may not exceed the maximum sentence provided by stat
Read stored text, notes and provenance · Open official chapter ↗161.329 Order of discharge. After the defendant is found guilty except for insanity pursuant to ORS 161.319, the court shall order that the person be discharged from custody if: (1) The court finds that the person is no longer affected by a qualifying mental disorder, or, if so affected, no longer presents a substantial danger to others and is not in need of care, supervision or treatment; or (2)(a) Each offense for which the person is found guilty except for insanity is a misdemeanor; and (b) The court finds that the person does not present a substantial danger to others that requires commitment. [1971 c.743 §45; 1977 c.380 §6; 1981 c.711
Read stored text, notes and provenance · Open official chapter ↗161.330 [Repealed by 1971 c.743 §432]
Read stored text, notes and provenance · Open official chapter ↗161.332 “Conditional release” defined. As used in ORS 161.315 to 161.351 and 161.385 to 161.395, “conditional release” includes, but is not limited to, the monitoring of mental and physical health treatment. [1977 c.380 §1; 1983 c.800 §8; 2011 c.708 §11a; 2017 c.442 §11]
Read stored text, notes and provenance · Open official chapter ↗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)]
Read stored text, notes and provenance · Open official chapter ↗161.336 Conditional release by board; order for return; termination or modification of conditional release; hearing. (1)(a) When a person is conditionally released under ORS 161.315 to 161.351, the person is subject to those supervisory orders of the Psychiatric Security Review Board as are in the best interests of justice, the protection of society and the welfare of the person. (b) An order of conditional release entered by the board may designate any person or state, county or local agency capable of supervising the person upon release, subject to the conditions described in the order of conditional release. (c) Prior to the designation,
Read stored text, notes and provenance · Open official chapter ↗161.340 [1971 c.743 §47; 1975 c.380 §2; repealed by 1977 c.380 §12 (161.341 enacted in lieu of 161.340)]
Read stored text, notes and provenance · Open official chapter ↗