166.005, is expressly designated in the section defining the crime. An offense defined outside this code which, because of the express sentence provided is within the definition of ORS 161.525, shall

166.005, is expressly designated in the section defining the crime. An offense defined outside this code which, because of the express sentence provided is within the definition of ORS 161.525, shall be considered an unclassified felony. [1971 c.743 �68; 2019 c.635 �16]

����� 161.545 �Misdemeanor� described. A crime is a misdemeanor if it is so designated in any statute of this state or if a person convicted thereof may be sentenced to a maximum term of imprisonment of not more than one year. [1971 c.743 �69]

����� 161.555 Classification of misdemeanors. (1) Misdemeanors are classified for the purpose of sentence into the following categories:

����� (a) Class A misdemeanors;

����� (b) Class B misdemeanors;

����� (c) Class C misdemeanors; and

����� (d) Unclassified misdemeanors.

����� (2) The particular classification of each misdemeanor defined in the Oregon Criminal Code is expressly designated in the section defining the crime. An offense defined outside this code which, because of the express sentence provided is within the definition of ORS 161.545, shall be considered an unclassified misdemeanor.

����� (3) An offense defined by a statute of this state, but without specification as to its classification or as to the penalty authorized upon conviction, shall be considered a Class A misdemeanor. [1971 c.743 �70]

����� 161.565 [1971 c.743 �71; 1987 c.783 �1; 1989 c.1053 �17; 1991 c.111 �17; 1993 c.533 �4; 1997 c.852 �12; repealed by 1999 c.1051 �49]

����� 161.566 Misdemeanor treated as violation; prosecuting attorney�s election. (1) Except as provided in subsection (4) of this section, a prosecuting attorney may elect to treat any misdemeanor as a Class A violation. The election must be made by the prosecuting attorney orally or in writing. If no election is made, the case shall proceed as a misdemeanor.

����� (2) If a prosecuting attorney elects to treat a misdemeanor as a Class A violation under this section, the court shall amend the accusatory instrument to reflect the charged offense as a Class A violation and clearly denominate the offense as a Class A violation in any judgment entered in the matter. Notwithstanding ORS