Chapter 398 — Chapter 398
145 sections in this chapter.
ORS 398.212 [1961 c.454 §120; 1975 c.719 §24; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.214 [1961 c.454 §121; 1975 c.719 §25; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.216 Statute of limitation. (1) Except as otherwise provided in this section, a person subject to the Oregon Code of Military Justice who is charged with an offense is not liable to be tried by court-martial if the offense was committed more than three years before the receipt of sworn charges and specifications by an officer exercising court-martial jurisdiction over the command
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(2) A person charged with an offense is not liable to be punished under Article 15 of the Oregon Code of Military Justice if the offense was committed more than one year before any proceeding relating to the offense has been initiated. (3) Periods of time in which the accused is …
ORS 398.218 [1961 c.454 §123; 1985 c.682 §31; 1999 c.157 §5; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.220 [1961 c.454 §124; 1985 c.682 §32; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.222 [1961 c.454 §125; 1975 c.719 §26; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.224 Refusal to appear or testify. (1) Any person not subject to the Oregon Code of Military Justice commits a Class B misdemeanor if the person
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(a) Has been duly subpoenaed to appear as a witness before a court-martial, court of inquiry or any other military court or board, or before any military or civil officer designated to take a deposition to be read in evidence before such a court, commission or board; (b) Has been…
ORS 398.226 Contempt. (1) A military court may punish for contempt any person who uses any menacing word, sign or gesture in its presence, or who disturbs its proceedings by any riot or disorder. The punishment may not exceed confinement for 30 days or a fine of $100, or both
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(2) A military court shall have the contempt power possessed by a civilian court as provided under ORS 33.015 to 33.155. (3) A person found in contempt under this section and ordered confined may be confined in a county jail upon written order of the military judge. (4) A person …
ORS 398.228 [1961 c.454 §128; 1985 c.682 §34; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.230 [1961 c.454 §129; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.232 [1961 c.454 §130; 1975 c.719 §27; 1985 c.682 §35; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.234 Number of votes required. (1) No person may be convicted of an offense, except by the concurrence of two-thirds of the members of a general or special court-martial present at the time the vote on the findings and on the sentence of a court-martial is taken
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(2) All sentences shall be determined by the concurrence of two-thirds of the members present at the time that the vote is taken. (3) All other questions to be decided by the members of a general or special court-martial shall be determined by a majority vote. However, a determin…
ORS 398.236 [1961 c.454 §132; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.238 [1961 c.454 §133; 1975 c.719 §28; 1985 c.682 §37; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.252 Cruel and unusual punishments prohibited. Punishment by flogging, or by branding, marking or tattooing on the body, or any other cruel or unusual punishment, may not be adjudged by any court-martial or inflicted upon any person subject to the Oregon Code of Military Justice. The use of irons, single or double, except for the purpose of safe custody, is prohibited. [1961 c.454 §134; 2013 c.81 §15]
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[Repealed or reserved.]
ORS 398.254 [1961 c.454 §135; 1985 c.682 §38; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.256 [1961 c.454 §136; 1985 c.682 §39; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.258 [1961 c.454 §137; 1975 c.719 §29; 1985 c.682 §40; 2005 c.512 §25; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.260 [1985 c.682 §13; repealed by 1999 c.157 §8]
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[Repealed or reserved.]
ORS 398.272 [1961 c.454 §138; 1985 c.682 §41; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.274 [1961 c.454 §§139,140; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.276 [1961 c.454 §141; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.278 [1961 c.454 §142; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.280 [1961 c.454 §143; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.282 [1961 c.454 §144; 1985 c.682 §42; 2005 c.512 §39; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.284 [1961 c.454 §145; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.286 [1961 c.454 §146; 1985 c.682 §43; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.288 [1961 c.454 §147; 1985 c.682 §44; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.290 [1961 c.454 §148; 1985 c.682 §45; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.292 [1961 c.454 §149; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.294 [1961 c.454 §150; 1985 c.682 §46; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.296 [1961 c.454 §151; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.302 [1961 c.454 §152; 1975 c.719 §30; 1999 c.157 §6; 2005 c.512 §26; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.304 [1961 c.454 §153; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.306 [1961 c.454 §154; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.308 [1961 c.454 §155; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.310 [1961 c.454 §156; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.312 [1961 c.454 §157; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.314 [1961 c.454 §158; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.316 [1961 c.454 §159; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.318 [1961 c.454 §160; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.320 [1961 c.454 §161; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.322 [1961 c.454 §162; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.324 [1961 c.454 §163; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.326 [1961 c.454 §164; 1985 c.682 §47; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.328 [1961 c.454 §165; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.330 [1961 c.454 §166; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.332 [1961 c.454 §167; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.334 [1961 c.454 §168; repealed by 2013 c.81 §20]
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[Repealed or reserved.]
ORS 398.336 [1961 c.454 §169; repealed by 2013 c.81 §20]
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[Repealed or reserved.]