in more than one county, trial of the offense may be held in any county

163.730 in more than one county, trial of the offense may be held in any county in which a contact occurred.

����� (b) If the offense is violating a court�s stalking protective order under ORS 163.750, trial of the offense may be held in the county in which the defendant engaged in conduct prohibited by the order or in the county in which the order was issued. [1973 c.836 �15; 1987 c.603 �26; 1989 c.384 �1; 1993 c.680 �28; 1995 c.496 �7; 2007 c.584 �3; 2009 c.212 �1; 2023 c.151 �1]

����� 131.320 [Repealed by 1973 c.836 �358]

����� 131.325 Place of trial; doubt as to place of crime; conduct outside of state. If an offense is committed within the state and it cannot readily be determined within which county the commission took place, or a statute that governs conduct outside the state is violated, trial may be held in the county in which the defendant resides, or if the defendant has no fixed residence in this state, in the county in which the defendant is apprehended or to which the defendant is extradited. [1973 c.836 �16]

����� 131.330 [Repealed by 1973 c.836 �358]

����� 131.335 Change of venue. In accordance with ORS 131.345 to 131.415, the defendant in a criminal action may have the place of trial changed only once, except for causes arising after the first change was allowed. [1973 c.836 �17]

����� 131.340 [Repealed by 1973 c.836 �358]

����� 131.345 Motion for change of venue; when made. A motion for change of venue may be made in any criminal action in a circuit court when the case is at issue upon a question of fact. [1973 c.836 �18]

����� 131.350 [Amended by 1971 c.743 �316; repealed by 1973 c.836 �358]

����� 131.355 Change of venue for prejudice. The court, upon motion of the defendant, shall order the place of trial to be changed to another county if the court is satisfied that there exists in the county where the action is commenced so great a prejudice against the defendant that the defendant cannot obtain a fair and impartial trial. [1973 c.836 �19]

����� 131.360 [Amended by 1973 c.743 �317; repealed by 1973 c.836 �358]

����� 131.363 Change of venue in other cases. For the convenience of parties and witnesses, and in the interest of justice, the court, upon motion of the defendant, may order the place of trial to be changed to another county. [1973 c.836 �20]

����� 131.365 [1959 c.664 �5; repealed by 1973 c.836 �358]

����� 131.370 [Repealed by 1973 c.836 �358]

����� 131.375 Notification on change of venue. When the court has ordered a change of venue, the clerk shall notify the clerk of the proper court. [1973 c.836 �21; 2017 c.252 �13]

����� 131.380 [Repealed by 1973 c.836 �358]

����� 131.385 When change of venue is complete. The change of the place of trial is complete upon entry of an order changing the place of trial, and thereafter the action shall proceed in the same manner as if it had been commenced in the court to which the trial is transferred. [1973 c.836 �22; 2017 c.252 �14]

����� 131.390 [Amended by 1971 c.746 �318; repealed by 1973 c.836 �358]

����� 131.395 Expenses of change; taxation as costs. (1) The expenses of the change of place of trial under ORS 131.363 shall be taxed, as allowed by law, as expenses of the action, and the costs and expenses of the action shall be taxed in the court and paid by the county wherein the trial is held. If the costs and expenses are not recovered from the defendant, the county in which the action was commenced shall repay the county in which the trial is held.

����� (2) The expenses of a change of place of trial under ORS 131.355 shall not be taxed against the defendant. [1973 c.836 �23]

����� 131.400 [Repealed by 1973 c.836 �358]

����� 131.405 Attendance of defendant at new place of trial. (1) When the court has ordered a change of place of trial, if the defendant has been released on security release, conditional release or recognizance, the defendant must, without further notice, appear at the time and place appointed for trial and not depart therefrom without permission of the court.

����� (2) A security deposit is sufficient therefor in all respects as if the action had proceeded to final determination in the court where it was commenced. [1973 c.836 �24]

����� 131.410 [Repealed by 1973 c.836 �358]

����� 131.415 Conveyance of defendant in custody after change of venue. When the court has ordered a change of place of trial, if the defendant is in custody, the clerk of the court shall issue an order to the sheriff of the county, directing the sheriff to safely convey the defendant and deliver the defendant to the custody of the executive head of the correctional institution of the county where the defendant is to be tried. [1973 c.836 �25]

����� 131.420 [Amended by 1961 c.442 �1; repealed by 1973 c.836 �358]

����� 131.430 [Repealed by 1973 c.836 �358]

����� 131.440 [Repealed by 1973 c.836 �358]

����� 131.450 [Repealed by 1973 c.836 �358]

����� 131.460 [Repealed by 1973 c.836 �358]

����� 131.470 [Repealed by 1973 c.836 �358]

FORMER JEOPARDY

����� 131.505 Definitions for ORS 131.505 to 131.525. As used in ORS 131.505 to 131.525, unless the context requires otherwise:

����� (1) �Conduct� and �offense� have the meaning provided for those terms in ORS 161.085 and 161.505.

����� (2) When the same conduct or criminal episode violates two or more statutory provisions, each such violation constitutes a separate and distinct offense.

����� (3) When the same conduct or criminal episode, though violating only one statutory provision, results in death, injury, loss or other consequences of two or more victims, and the result is an element of the offense defined, there are as many offenses as there are victims.

����� (4) �Criminal episode� means continuous and uninterrupted conduct that establishes at least one offense and is so joined in time, place and circumstances that such conduct is directed to the accomplishment of a single criminal objective.

����� (5) A person is �prosecuted for an offense� when the person is charged therewith by an accusatory instrument filed in any court of this state or in any court of any political subdivision of this state, and when the action either:

����� (a) Terminates in a conviction upon a plea of guilty, except as provided in ORS 131.525 (2);

����� (b) Proceeds to the trial stage and the jury is impaneled and sworn; or

����� (c) Proceeds to the trial stage when a judge is the trier of fact and the first witness is sworn.

����� (6) There is an �acquittal� if the prosecution results in a finding of not guilty by the trier of fact or in a determination that there is insufficient evidence to warrant a conviction. [1973 c.836 �26; 1983 c.509 �1; 2001 c.104 �42]

����� 131.515 Previous prosecution; when a bar to second prosecution. Except as provided in ORS 131.525 and 131.535:

����� (1) No person shall be prosecuted twice for the same offense.

����� (2) No person shall be separately prosecuted for two or more offenses based upon the same criminal episode, if the several offenses are reasonably known to the appropriate prosecutor at the time of commencement of the first prosecution and establish proper venue in a single court.

����� (3) If a person is prosecuted for an offense consisting of different degrees, the conviction or acquittal resulting therefrom is a bar to a later prosecution for the same offense, for any inferior degree of the offense, for an attempt to commit the offense or for an offense necessarily included therein.

����� (4) A finding of guilty of a lesser included offense on any count is an acquittal of the greater inclusive offense only as to that count. [1973 c.836 �27; 1997 c.511 �3]

����� 131.525 Previous prosecution; when not a bar to subsequent prosecution. (1) A previous prosecution is not a bar to a subsequent prosecution when the previous prosecution was properly terminated under any of the following circumstances:

����� (a) The defendant consents to the termination or waives, by motion, by an appeal upon judgment of conviction, or otherwise, the right to object to termination.

����� (b) The trial court finds that a termination, other than by judgment of acquittal, is necessary because:

����� (A) It is physically impossible to proceed with the trial in conformity with law; or

����� (B) There is a legal defect in the proceeding that would make any judgment entered upon a verdict reversible as a matter of law; or

����� (C) Prejudicial conduct, in or outside the courtroom, makes it impossible to proceed with the trial without injustice to either the defendant or the state; or

����� (D) The jury is unable to agree upon a verdict; or

����� (E) False statements of a juror on voir dire prevent a fair trial.

����� (c) When the former prosecution occurred in a court which lacked jurisdiction over the defendant or the offense.

����� (d) When the subsequent prosecution was for an offense which was not consummated when the former prosecution began.

����� (2) A plea of guilty or resulting judgment is not a bar under ORS 131.515 (2) to a subsequent prosecution under an accusatory instrument which is filed no later than 30 days after entry of the guilty plea. The defendant�s prior plea of guilty or resulting judgment, notwithstanding ORS 135.365, shall be vacated upon motion by the defendant if made within 30 days after defendant�s arraignment for the subsequent prosecution. The provisions of ORS 135.445 apply to such a vacated plea or resulting judgment and any statements made in relation to those proceedings. [1973 c.836 �28; 1983 c.509 �2]

����� 131.535 Proceedings not constituting acquittal. The following proceedings will not constitute an acquittal of the same offense:

����� (1) If the defendant was formerly acquitted on the ground of a variance between the accusatory instrument and the proof; or

����� (2) If the accusatory instrument was:

����� (a) Dismissed upon a demurrer to its form or substance;

����� (b) Dismissed upon any pretrial motion; or

����� (c) Discharged for want of prosecution without a judgment of acquittal. [1973 c.836 �29; 2001 c.104 �43]

CRIMINAL FORFEITURE

����� 131.550 Definitions for ORS 131.550 to 131.600. As used in ORS 131.550 to 131.600:

����� (1) �Acquiesce in prohibited conduct� means that a person knew of the prohibited conduct and knowingly failed to take reasonable action under the circumstances to terminate or avoid the use of the property in the course of prohibited conduct. For purposes of this subsection, �reasonable action under the circumstances� includes, but is not limited to:

����� (a) Reporting the prohibited conduct to a law enforcement agency;

����� (b) Commencing action that will assert the rights of the affiant as to the property interest;

����� (c) Terminating a rental agreement; or

����� (d) Seeking an abatement order under the provisions of ORS 105.505 to 105.520 or 105.550 to