161.200, 161.205 and 161.295. Specific ORS references have not been substituted, pursuant to 173.160. These sections may be determined by referring to the 1971 Comparative Section Table located in Vol

161.200, 161.205 and 161.295. Specific ORS references have not been substituted, pursuant to 173.160. These sections may be determined by referring to the 1971 Comparative Section Table located in Volume 22 of ORS.

����� 161.020 [Amended by 1967 c.372 �9; repealed by 1971 c.743 �432]

����� 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 conviction.

����� (d) To define the act or omission and the accompanying mental state that constitute each offense and limit the condemnation of conduct as criminal when it is without fault.

����� (e) To differentiate on reasonable grounds between serious and minor offenses.

����� (f) To prescribe penalties which are proportionate to the seriousness of offenses and which permit recognition of differences in rehabilitation possibilities among individual offenders.

����� (g) To safeguard offenders against excessive, disproportionate or arbitrary punishment.

����� (2) The rule that a penal statute is to be strictly construed shall not apply to chapter 743, Oregon Laws 1971, or any of its provisions. Chapter 743, Oregon Laws 1971, shall be construed according to the fair import of its terms, to promote justice and to effect the purposes stated in subsection (1) of this section. [1971 c.743 �2]

����� Note: See note under 161.015.

����� 161.030 [Amended by 1955 c.660 �20; 1967 c.372 �10; repealed by 1971 c.743 �432]

����� 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 defense to a prosecution for such an offense.

����� (3) Chapter 743, Oregon Laws 1971, shall not apply to or govern the construction of and punishment for any offense committed before January 1, 1972, or the construction and application of any defense to a prosecution for such an offense. Such an offense shall be construed and punished according to the law existing at the time of the commission of the offense in the same manner as if chapter 743, Oregon Laws 1971, had not been enacted.

����� (4) When all or part of a criminal statute is amended or repealed, the criminal statute or part thereof so amended or repealed remains in force for the purpose of authorizing the accusation, prosecution, conviction and punishment of a person who violated the statute or part thereof before the effective date of the amending or repealing Act. [1971 c.743 �5]

����� Note: See note under 161.015.

����� 161.040 [Repealed by 1971 c.743 �432]

����� 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 by law to be recovered or enforced in a civil action, regardless of whether the conduct involved in the proceeding constitutes an offense defined in chapter 743, Oregon Laws 1971.

����� (4) No conviction of a person for an offense works a forfeiture of the property of the person, except in cases where a forfeiture is expressly provided by law. [1971 c.743 �6]

����� Note: See note under 161.015.

����� 161.050 [Repealed by 1971 c.743 �432]

����� 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 state before commencement of trial or affirmative evidence by a defense witness in the defendant�s case in chief. [1971 c.743 �4]

����� Note: See note under 161.015.

����� 161.060 [Repealed by 1971 c.743 �432]

����� 161.062 [1985 c.722 �4; 1991 c.386 �8; repealed by 1999 c.136 �1]

����� 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, punctures, bruises, burns or other observable effects. [2023 c.205 �1]

����� 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 section.

����� (2) When the same conduct or criminal episode, though violating only one statutory provision involves two or more victims, there are as many separately punishable offenses as there are victims. However, two or more persons owning joint interests in real or personal property shall be considered a single victim for purposes of determining the number of separately punishable offenses if the property is the subject of one of the following crimes:

����� (a) Theft as defined in ORS 164.015.

����� (b) Unauthorized use of a vehicle as defined in ORS 164.135.

����� (c) Criminal possession of rented or leased personal property as defined in ORS 164.140.

����� (d) Criminal possession of a rented or leased motor vehicle as defined in ORS 164.138.

����� (e) Burglary as defined in ORS 164.215 or 164.225.

����� (f) Criminal trespass as defined in ORS 164.243, 164.245, 164.255, 164.265 or 164.278.

����� (g) Arson and related offenses as defined in ORS 164.315, 164.325 or 164.335.

����� (h) Forgery and related offenses as defined in ORS 165.002 to 165.070.

����� (3) When the same conduct or criminal episode violates only one statutory provision and involves only one victim, but nevertheless involves repeated violations of the same statutory provision against the same victim, there are as many separately punishable offenses as there are violations, except that each violation, to be separately punishable under this subsection, must be separated from other such violations by a sufficient pause in the defendant�s criminal conduct to afford the defendant an opportunity to renounce the criminal intent. Each method of engaging in oral or anal sexual intercourse as defined in ORS 163.305, and each method of engaging in unlawful sexual penetration as defined in ORS 163.408 and