Chapter 161 — Chapter 161
150 sections in this chapter.
ORS 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, 164.005, 164.015 to 164.135, 164.138, 164.140, 164.205 to 164.270, 164.305 to 164.377, 164.395 to 164.415, 164.805, 164.857, 164.886, 165.002 to 165.102, 165.109, 165.118, 165.805, 165.815, 166.005 to 166.095, 166.119, 166.125, 166.128, 166.350, 166.382, 166.384, 166.660, 167.002 to 167.027, 167.057, 167.060 to 167.100, 167.117, 167.122 to 167.162, 167.203 to 167.252, 167.310 to 167.340, 167.350, 167.810 and 167.820 shall be known and may be cited as Oregon Criminal Code of 1971. [1971 c.743 §1; 1979 c.476 §1; 1983 c.740 §25; 1983 c.792 §1; 1985 c.366 §2; 1985 c.557 §9; 1985 c.662 §10; 1985 c.755 §1; 1989 c.982 §3; 1989 c.1003 §5; 2003 c.383 §3; 2007 c.475 §4; 2007 c.684 §2; 2007 c.811 §6; 2007 c.867 §16; 2007 c.869 §5; 2007 c.876 §5; 2009 c.783 §6; 2009 c.811 §15; 2011 c.681 §5; 2015 c.321 §2; 2015 c.379 §2; 2015 c.645 §9; 2016 c.22 §4; 2017 c.649 §2; 2019 c.635 §15; 2021 c.276 §2; 2023 c.200 §3; 2023 c.205 §2; 2023 c.228 §50; 2023 c.608 §4; 2025 c.417 §2]
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[Repealed or reserved.]
ORS 161.010 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 161.015 General definitions. As used in chapter 743, Oregon Laws 1971, and ORS 166.635, unless the context requires otherwise
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(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 instr…
ORS 161.020 [Amended by 1967 c.372 §9; repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 161.025 Purposes; principles of construction. (1) The general purposes of chapter 743, Oregon Laws 1971, are
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(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…
ORS 161.030 [Amended by 1955 c.660 §20; 1967 c.372 §10; repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 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
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(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, 197…
ORS 161.040 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 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
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(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 ot…
ORS 161.050 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 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
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(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 (…
ORS 161.060 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 161.062 [1985 c.722 §4; 1991 c.386 §8; repealed by 1999 c.136 §1]
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[Repealed or reserved.]
ORS 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
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(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…
ORS 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
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(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 section. (2) When t…
ORS 161.070 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 161.075 [1965 c.516 §1; repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 161.080 [Repealed by 1971 c.743 §432]
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CRIMINAL LIABILITY
ORS 161.085 Definitions with respect to culpability. As used in chapter 743, Oregon Laws 1971, and ORS 166.635, unless the context requires otherwise
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(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 …
ORS 161.090 [Amended by 1967 c.372 §11; repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 161.095 Requirements for criminal liability. (1) The minimal requirement for criminal liability is the performance by a person of conduct which includes a voluntary act or the omission to perform an act which the person is capable of performing
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(2) Except as provided in ORS 161.105, a person is not guilty of an offense unless the person acts with a culpable mental state with respect to each material element of the offense that necessarily requires a culpable mental state. [1971 c.743 §8]
ORS 161.100 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 161.105 Culpability requirement inapplicable to certain violations and offenses. (1) Notwithstanding ORS 161.095, a culpable mental state is not required if
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(a) The offense constitutes a violation, unless a culpable mental state is expressly included in the definition of the offense; or (b) An offense defined by a statute outside the Oregon Criminal Code clearly indicates a legislative intent to dispense with any culpable mental stat…
ORS 161.110 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 161.115 Construction of statutes with respect to culpability. (1) If a statute defining an offense prescribes a culpable mental state but does not specify the element to which it applies, the prescribed culpable mental state applies to each material element of the offense that necessarily requires a culpable mental state
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(2) Except as provided in ORS 161.105, if a statute defining an offense does not prescribe a culpable mental state, culpability is nonetheless required and is established only if a person acts intentionally, knowingly, recklessly or with criminal negligence. (3) If the definition…
ORS 161.120 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 161.125 Drug or controlled substance use or dependence or intoxication as defense. (1) The use of drugs or controlled substances, dependence on drugs or controlled substances or voluntary intoxication shall not, as such, constitute a defense to a criminal charge, but in any prosecution for an offense, evidence that the defendant used drugs or controlled substances, or was dependent on drugs or controlled substances, or was intoxicated may be offered by the defendant whenever it is relevant to negative an element of the crime charged
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(2) When recklessness establishes an element of the offense, if the defendant, due to the use of drugs or controlled substances, dependence on drugs or controlled substances or voluntary intoxication, is unaware of a risk of which the defendant would have been aware had the defen…
ORS 161.150 Criminal liability described. A person is guilty of a crime if it is committed by the person’s own conduct or by the conduct of another for which the person is criminally liable, or both. [1971 c.743 §12]
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[Repealed or reserved.]
ORS 161.155 Criminal liability for conduct of another. A person is criminally liable for the conduct of another person constituting a crime if
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(1) The person is made criminally liable by the statute defining the crime; or (2) With the intent to promote or facilitate the commission of the crime the person: (a) Solicits or commands such other person to commit the crime; or (b) Aids or abets or agrees or attempts to aid or…
ORS 161.160 Exclusion of defenses to criminal liability for conduct of another. In any prosecution for a crime in which criminal liability is based upon the conduct of another person pursuant to ORS 161.155, it is no defense that
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(1) Such other person has not been prosecuted for or convicted of any crime based upon the conduct in question or has been convicted of a different crime or degree of crime; or (2) The crime, as defined, can be committed only by a particular class or classes of persons to which t…
ORS 161.165 Exemptions to criminal liability for conduct of another. Except as otherwise provided by the statute defining the crime, a person is not criminally liable for conduct of another constituting a crime if
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(1) The person is a victim of that crime; or (2) The crime is so defined that the conduct of the person is necessarily incidental thereto. [1971 c.743 §15]
ORS 161.170 Criminal liability of corporations. (1) A corporation is guilty of an offense if
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(a) The conduct constituting the offense is engaged in by an agent of the corporation while acting within the scope of employment and in behalf of the corporation and the offense is a misdemeanor or a violation, or the offense is one defined by a statute that clearly indicates a …
ORS 161.175 Criminal liability of an individual for corporate conduct. A person is criminally liable for conduct constituting an offense which the person performs or causes to be performed in the name of or in behalf of a corporation to the same extent as if such conduct were performed in the person’s own name or behalf. [1971 c.743 §17]
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JUSTIFICATION
ORS 161.190 Justification as a defense. In any prosecution for an offense, justification, as defined in ORS 161.195 to 161.275, is a defense. [1971 c.743 §18]
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[Repealed or reserved.]
ORS 161.195 “Justification” described. (1) Unless inconsistent with other provisions of chapter 743, Oregon Laws 1971, defining justifiable use of physical force, or with some other provision of law, conduct which would otherwise constitute an offense is justifiable and not criminal when it is required or authorized by law or by a judicial decree or is performed by a public servant in the reasonable exercise of official powers, duties or functions
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(2) As used in subsection (1) of this section, “laws and judicial decrees” include but are not limited to: (a) Laws defining duties and functions of public servants; (b) Laws defining duties of private citizens to assist public servants in the performance of certain of their func…
ORS 161.200 Choice of evils. (1) Unless inconsistent with other provisions of chapter 743, Oregon Laws 1971, defining justifiable use of physical force, or with some other provision of law, conduct which would otherwise constitute an offense is justifiable and not criminal when
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(a) That conduct is necessary as an emergency measure to avoid an imminent public or private injury; and (b) The threatened injury is of such gravity that, according to ordinary standards of intelligence and morality, the desirability and urgency of avoiding the injury clearly ou…
ORS 161.205 Use of physical force generally. 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
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(1)(a) A parent or legal guardian of a minor child may use reasonable physical force upon the minor child when and to the extent the person reasonably believes the physical force is necessary to maintain discipline or promote the welfare of the minor child, unless the physical fo…
ORS 161.209 Use of physical force in defense of a person. Except as provided in ORS 161.215 and 161.219, a person is justified in using physical force upon another person for self-defense or to defend a third person from what the person reasonably believes to be the use or imminent use of unlawful physical force, and the person may use a degree of force which the person reasonably believes to be necessary for the purpose. [1971 c.743 §22]
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[Repealed or reserved.]
ORS 161.210 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 161.215 Limitations on use of physical force in defense of a person. (1) Notwithstanding ORS 161.209, a person is not justified in using physical force upon another person if
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(a) With intent to cause physical injury or death to another person, the person provokes the use of unlawful physical force by that person. (b) The person is the initial aggressor, except that the use of physical force upon another person under such circumstances is justifiable i…
ORS 161.219 Limitations on use of deadly physical force in defense of a person. Notwithstanding the provisions of ORS 161.209, a person is not justified in using deadly physical force upon another person unless the person reasonably believes that the other person is
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(1) Committing or attempting to commit a felony involving the use or threatened imminent use of physical force against a person; or (2) Committing or attempting to commit a burglary in a dwelling; or (3) Using or about to use unlawful deadly physical force against a person. [1971…
ORS 161.220 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 161.225 Use of physical force in defense of premises. (1) A person in lawful possession or control of premises is justified in using physical force upon another person when and to the extent that the person reasonably believes it necessary to prevent or terminate what the person reasonably believes to be the commission or attempted commission of a criminal trespass by the other person in or upon the premises
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(2) A person may use deadly physical force under the circumstances set forth in subsection (1) of this section only: (a) In defense of a person as provided in ORS 161.219; or (b) When the person reasonably believes it necessary to prevent the commission of arson or a felony by fo…
ORS 161.229 Use of physical force in defense of property. A person is justified in using physical force, other than deadly physical force, upon another person when and to the extent that the person reasonably believes it to be necessary to prevent or terminate the commission or attempted commission by the other person of theft or criminal mischief of property. [1971 c.743 §26]
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[Repealed or reserved.]
ORS 161.230 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 161.233 Use of physical force by peace officer. (1) A peace officer may use physical force upon another person only when it is objectively reasonable, under the totality of circumstances known to the peace officer, to believe
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(a) That the person poses an imminent threat of physical injury to the peace officer or to a third person; or (b) That the use of physical force is necessary to: (A) Make a lawful arrest when the peace officer has probable cause to believe the person has committed a crime; or (B)…
ORS 161.235 [1971 c.743 §27; 2020 s.s.1 c.3 §3; repealed by 2021 s.s.2 c.3 §17]
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[Repealed or reserved.]
ORS 161.237 Use of physical force involving pressure on throat or neck by peace officer or corrections officer. (1) Notwithstanding ORS 161.233, a peace officer or corrections officer is not justified in any circumstance in knowingly using physical force that impedes the normal breathing or circulation of the blood of another person by applying pressure on the throat or neck of the other person except in circumstances in which physical force is justified under ORS 161.209 and 161.215
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(2) Notwithstanding ORS 161.233, it is not reasonable under any circumstance for a peace officer or corrections officer to knowingly use physical force that impedes the normal breathing or circulation of the blood of another person by applying pressure on the throat or neck of th…
ORS 161.239 [1971 c.743 §28; 2020 s.s.2 c.3 §3; repealed by 2020 s.s.2 c.3 §17]
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[Repealed or reserved.]
ORS 161.240 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]