Title 16, Crimes and Punishments

The maximum term of an indeterminate sentence of imprisonment for a felony is as follows: (1) For a Class A felony, 20 years. (2) For a Class B felony, 10 years. (3) For a Class C felony, 5 years. (4) For an unclassified felony as provided in the statute defining the crime. [1971…

(1) As used in this section, “firearm” has the meaning given that term in ORS 166.210. (2) The use or threatened use of a firearm, whether operable or inoperable, by a defendant during the commission of a felony may be pleaded in the accusatory instrument and proved at trial as a…

Sentences for misdemeanors shall be for a definite term. The court shall fix the term of imprisonment within the following maximum limitations: (1) For a Class A misdemeanor, 364 days. (2) For a Class B misdemeanor, 6 months. (3) For a Class C misdemeanor, 30 days. (4) For an unc…

Notwithstanding any other provision of law, a sentence imposed upon any person waived under ORS 419C.349, 419C.352, 419C.364 or 419C.370 shall not include any sentence of death or life imprisonment without the possibility of release or parole nor imposition of any mandatory minim…

(1) A sentence to pay a fine for a felony shall be a sentence to pay an amount, fixed by the court, not exceeding: (a) $500,000 for murder or aggravated murder. (b) $375,000 for a Class A felony. (c) $250,000 for a Class B felony. (d) $125,000 for a Class C felony. (2) A sentence…

(1) A sentence to pay a fine for a misdemeanor shall be a sentence to pay an amount, fixed by the court, not exceeding: (a) $6,250 for a Class A misdemeanor. (b) $2,500 for a Class B misdemeanor. (c) $1,250 for a Class C misdemeanor. (2) A sentence to pay a fine for an unclassifi…

In determining whether to impose a fine and its amount, the court shall consider: (1) The financial resources of the defendant and the burden that payment of a fine will impose, with due regard to the other obligations of the defendant; and (2) The ability of the defendant to pay…

(1) A sentence to pay a fine when imposed on a corporation for an offense defined in the Oregon Criminal Code or for an offense defined outside this code for which no special corporate fine is specified, shall be a sentence to pay an amount, fixed by the court, not exceeding: (a)…

(1) Except as provided in ORS 151.505, the court, only in the case of a defendant for whom it enters a judgment of conviction, may include in its sentence thereunder a money award for all costs specially incurred by the state in prosecuting the defendant. Costs include a reasonab…

(1) When a defendant, as a part of a sentence or as condition of probation or suspension of sentence, is required to pay a sum of money for any purpose, the court may order payment to be made immediately or within a specified period of time or in specified installments. If a defe…

(1) When a defendant who has been sentenced or ordered to pay a fine, or to make restitution, defaults on a payment or installment ordered by the court, the court on motion of the district attorney or upon its own motion may require the defendant to show cause why the default sho…

(1) Notwithstanding ORS 161.525, the court may enter judgment of conviction for a Class A misdemeanor and make disposition accordingly when: (a)(A) A person is convicted of any Class C felony; or (B) A person convicted of a Class C felony, of possession or delivery of marijuana o…

Notwithstanding ORS 161.525, the court has authority, at any time after a sentence of probation has been completed, to enter judgment of conviction for a Class A misdemeanor for a person convicted of criminal driving while suspended or revoked under ORS 811.182 committed before S…

(1) Any court empowered to suspend imposition or execution of sentence or to sentence a defendant to probation may discharge the defendant if: (a) The conviction is for an offense other than murder, treason or a Class A or B felony; and (b) The court is of the opinion that no pro…

(1) Subject to the provisions of ORS 161.737, the maximum term of an indeterminate sentence of imprisonment for a dangerous offender is 30 years, if because of the dangerousness of the defendant an extended period of confined correctional treatment or custody is required for the …

(1) Upon motion of the district attorney, and if, in the opinion of the court, there is reason to believe that the defendant falls within ORS 161.725, the court shall order a presentence investigation and an examination by a psychiatrist or psychologist. The court may appoint one…

(1) A sentence imposed under ORS 161.725 and 161.735 for felonies committed on or after November 1, 1989, shall constitute a departure from the sentencing guidelines created by rules of the Oregon Criminal Justice Commission. The findings made to classify the defendant as a dange…

(1) A court may not impose a sentence of life imprisonment without the possibility of release or parole on a person who was under 18 years of age at the time of committing the offense. (2) In determining the appropriate sentence for a person who was under 18 years of age at the t…

As used in ORS 162.005 to 162.425, unless the context requires otherwise: (1) “Pecuniary benefit” means gain or advantage to the beneficiary or to a third person pursuant to the desire or consent of the beneficiary, in the form of money, property, commercial interests or economic…

(1) A person commits the crime of bribe giving if the person offers, confers or agrees to confer any pecuniary benefit upon a public servant with the intent to influence the public servant’s vote, opinion, judgment, action, decision or exercise of discretion in an official capaci…

(1) A public servant commits the crime of bribe receiving if the public servant: (a) Solicits any pecuniary benefit with the intent that the vote, opinion, judgment, action, decision or exercise of discretion as a public servant will thereby be influenced; or (b) Accepts or agree…

(1) In any prosecution under ORS 162.015, it is a defense that the defendant offered, conferred or agreed to confer the pecuniary benefit as a result of the public servant’s conduct constituting extortion or coercion. (2) It is no defense to a prosecution under ORS 162.015 and 16…

As used in ORS 162.055 to 162.425 and 162.465, unless the context requires otherwise: (1) “Benefit” means gain or advantage to the beneficiary or to a third person pursuant to the desire or consent of the beneficiary. (2) “Material” means that which could have affected the course…

(1) A person commits the crime of perjury if the person makes a false sworn statement or a false unsworn declaration in regard to a material issue, knowing it to be false. (2) Perjury is a Class C felony. [1971 c.743 §183; 2013 c.218 §19]

(1) A person commits the crime of false swearing if the person makes a false sworn statement or a false unsworn declaration, knowing it to be false. (2) False swearing is a Class A misdemeanor. [1971 c.743 §184; 2013 c.218 §20]

(1) A person commits the crime of unsworn falsification if the person knowingly makes any false written statement to a public servant in connection with an application for any benefit. (2) Unsworn falsification is a Class B misdemeanor. [1971 c.743 §185]

It is no defense to a prosecution for perjury or false swearing that: (1) The statement was inadmissible under the rules of evidence; or (2) The oath or affirmation was taken or administered in an irregular manner; or (3) The defendant mistakenly believed the false statement to b…

(1) It is a defense to a prosecution for perjury or false swearing committed in an official proceeding that the defendant retracted the false statement: (a) In a manner showing a complete and voluntary retraction of the prior false statement; and (b) During the course of the same…

In any prosecution for perjury or false swearing, falsity of a statement may not be established solely through contradiction by the testimony of a single witness. [1971 c.743 §188]

(1) A person commits the crime of public investment fraud if, for the purpose of influencing in any way the action of the State Treasury, the person knowingly makes any false statement or report. (2) Public investment fraud is a Class B felony. (3) Public investment fraud shall b…

Illegal conduct by the State Treasury or any of its employees or agents shall not be a defense for any person charged with the crime of public investment fraud or to any person against whom any civil action is brought under ORS 30.862 and 162.117 to 162.121. [1993 c.768 §2] Note:…

(1) Conduct constituting a violation of ORS 162.117 shall be an incident of racketeering activity for purposes of criminal actions brought under ORS 166.715 to 166.735. (2) Conduct giving rise to the civil cause of action described in ORS 30.862 shall be an incident of racketeeri…

The provisions of ORS 30.862 and 162.117 to 162.121 shall be liberally construed to effectuate its remedial purposes. [1993 c.768 §5] Note: See note under 162.117.

As used in ORS 162.135 to 162.205, unless the context requires otherwise: (1)(a) “Contraband” means: (A) Controlled substances as defined in ORS 475.005; (B) Drug paraphernalia as defined in ORS 475.525; (C) Except as otherwise provided in paragraph (b) of this subsection, curren…

(1) A person commits the crime of escape in the third degree if the person escapes from custody. (2) It is a defense to a prosecution under this section that the person escaping or attempting to escape was in custody pursuant to an illegal arrest. (3) Escape in the third degree i…

(1) A person commits the crime of escape in the second degree if: (a) The person uses or threatens to use physical force escaping from custody; or (b) Having been convicted or found guilty of a felony, the person escapes from custody imposed as a result thereof; or (c) The person…

(1) A person commits the crime of escape in the first degree if: (a) Aided by another person actually present, the person uses or threatens to use physical force in escaping from custody or a correctional facility; or (b) The person uses or threatens to use a dangerous or deadly …

(1) A person commits the crime of unauthorized departure if: (a) The person makes an unauthorized departure; or (b) Not being an adult in custody therein, the person aids another in making or attempting to make an unauthorized departure. (2) Unauthorized departure is a Class A mi…

(1) A person commits the crime of supplying contraband if: (a) The person knowingly introduces any contraband into a correctional facility, youth correction facility or state hospital; or (b) Being confined in a correctional facility, youth correction facility or state hospital, …

In no prosecution under ORS 162.195 or 162.205 shall counsel representing the defendant on the underlying charge for which the defendant is alleged to have failed to appear be called to testify by the state as a witness against the defendant at any stage of the proceedings includ…

(1) A person commits the crime of failure to appear in the second degree if the person knowingly fails to appear as required after: (a) Having by court order been released from custody or a correctional facility under a release agreement or security release upon the condition tha…

(1) A person commits the crime of failure to appear in the first degree if the person knowingly fails to appear as required after: (a) Having by court order been released from custody or a correctional facility under a release agreement or security release upon the condition that…

As used in ORS 162.225 to 162.375 and 162.465, unless the context requires otherwise: (1) “Firefighter” means any fire or forestry department employee, or authorized fire department volunteer, vested with the duty of preventing or combating fire or preventing the loss of life or …

(1) A person commits the crime of obstructing governmental or judicial administration if the person: (a) Intentionally obstructs, impairs or hinders the administration of law or other governmental or judicial function by means of intimidation, force, physical or economic interfer…

(1) A person commits the offense of refusing to assist a peace officer if upon command by a person known by the person to be a peace officer the person unreasonably refuses or fails to assist in effecting an authorized arrest or preventing another from committing a crime. (2) Thi…

(1) A person commits the crime of interfering with a peace officer or parole and probation officer if the person, knowing that another person is a peace officer or a parole and probation officer as defined in ORS 181A.355, intentionally or knowingly acts in a manner that prevents…

(1) A person commits the offense of refusing to assist in fire-fighting operations if: (a) Upon command by a person known by the person to be a firefighter the person unreasonably refuses or fails to assist in extinguishing a fire or protecting property threatened thereby; or (b)…

(1) A person commits the crime of interfering with a firefighter or emergency medical services provider if the person, knowing that another person is a firefighter or emergency medical services provider, intentionally acts in a manner that prevents, or attempts to prevent, a fire…

(1) A person commits the crime of bribing a witness if the person offers, confers or agrees to confer any pecuniary benefit upon a witness in any official proceeding, or a person the person believes may be called as a witness, with the intent that: (a) The testimony of the person…

(1) A witness in any official proceeding, or a person who believes the person may be called as a witness, commits the crime of bribe receiving by a witness if the person solicits any pecuniary benefit with the intent, or accepts or agrees to accept any pecuniary benefit upon an a…