Title 131 · ORS Chapter 131

173.160. These sections may be determined by referring to the 1973 Comparative Section Table located in Volume 22 of ORS. �� 131.007 �Victim� defined. As used in ORS 40.385, 135.230, 147.417, 1

Citation: ORS 173.160

Section: 173.160

173.160. These sections may be determined by referring to the 1973 Comparative Section Table located in Volume 22 of ORS.

�� 131.007 �Victim� defined. As used in ORS 40.385, 135.230, 147.417, 147.419 and 147.421 and in ORS chapters 136, 137 and 144, except as otherwise specifically provided or unless the context requires otherwise, �victim� means the person or persons who have suffered financial, social, psychological or physical harm as a result of a crime and includes, in the case of a homicide or abuse of corpse in any degree, a member of the immediate family of the decedent and, in the case of a minor victim, the legal guardian of the minor. In no event shall the criminal defendant be considered a victim. [1987 c.2 �17; 1993 c.294 �3; 1997 c.313 �30; 2009 c.178 �32; 2013 c.144 �3]

�� 131.010 [Repealed by 1973 c.836 �358]

�� 131.015 Application to prior and subsequent actions.

(1) The provisions of chapter 836, Oregon Laws 1973, apply to:

�� (a) All criminal actions and proceedings commenced upon or after January 1, 1974, and all appeals and other post-judgment proceedings relating or attaching thereto; and

�� (b) All matters of criminal procedure prescribed in chapter 836, Oregon Laws 1973, which do not constitute a part of any particular action or case, occurring upon or after January 1, 1974.

�� (2) The provisions of chapter 836, Oregon Laws 1973, do not impair or render ineffectual any proceedings or procedural matters which occurred before January 1, 1974. [1973 c.836 �2]

�� Note: See note under 131.005.

�� 131.020 [Repealed by 1973 c.836 �358]

�� 131.025 Parties in criminal action. Except for offenses based on municipal or county ordinances, in a criminal action the State of Oregon is the plaintiff and the person prosecuted is the defendant. [1973 c.836 �3]

�� 131.030 [Repealed by 1973 c.836 �358]

�� 131.035 When departures, errors or mistakes in pleadings or proceedings are material. No departure from the form or mode prescribed by law, error or mistake in any criminal pleading, action or proceeding renders it invalid, unless it has prejudiced the defendant in respect to a substantial right. [1973 c.836 �4]

�� 131.040 When law enforcement officer may communicate with person represented by counsel. A law enforcement officer may communicate with a person who is represented by counsel without obtaining the prior consent of counsel, and an attorney who prosecutes violations of the criminal laws of this state or the United States is not required to forbid or otherwise prevent the communication, if:

�� (1) The communication is related to a criminal investigation;

�� (2) No accusatory instrument has been filed charging the person with the commission of an offense that is the subject of the investigation or communication, and no juvenile petition has been filed alleging acts that would constitute the commission of an offense that is the subject of the investigation or communication; and

�� (3) The communication is not in violation of the Constitution of the United States or of the State of Oregon. [1995 c.657 �19]

�� 131.045 Appearances by simultaneous electronic transmission. (1) As used in this section:

�� (a) �Criminal proceeding� has the meaning given that term in ORS 131.005.

�� (b) �Parties� means the State of Oregon and the person being prosecuted.

�� (c) �Simultaneous electronic transmission� means television, telephone or any other form of electronic communication transmission if the form of transmission allows:

�� (A) The court and the person making the appearance to communicate with each other during the proceeding;

�� (B) A defendant who is represented by counsel to consult privately with defense counsel during the proceeding;

�� (C) The victim to participate in the proceeding to the same extent that the victim is entitled to participate when the person making the appearance is physically present in the court; and

�� (D) The public to hear and, if the transmission includes a visual image, to see the appearance if the public has a right to hear and see the appearance when the person making the appearance is physically present in the court.

�� (2) When a statute authorizes or requires a person to make a personal appearance before a court in a criminal proceeding, the person may appear by being physically present in the court or by simultaneous electronic transmission if:

�� (a) Simultaneous electronic transmission is authorized by court rule under subsection (3) of this section;

�� (b) Except as otherwise provided by law, the parties in the proceeding and the court agree to appearance by simultaneous electronic transmission; and

�� (c) Appearance by simultaneous electronic transmission is not specifically prohibited by statute.

�� (3) In order for a person to appear by simultaneous electronic transmission as provided in this section, court rules must provide for the use of the specific type of simultaneous electronic transmission at the court location and for the type of proceeding in which the person is appearing. Court rules allowing the use of simultaneous electronic transmission may establish requirements for its use.

�� (4) Notwithstanding subsection (2)(b) of this section, a witness in a criminal proceeding may not appear before a jury by simultaneous electronic transmission without the written consent of the parties and the agreement of the court.

�� (5) This section does not apply to a hearing under ORS 138.510 to 138.680. [2005 c.566 �4; 2009 c.219 �2]

TIME LIMITATIONS

�� 131.105 Timeliness of criminal actions. A criminal action must be commenced within the period of limitation prescribed in ORS 131.125 to 131.155. [1973 c.836 �5]

�� 131.110 [Amended by 1971 c.743 �315a; repealed by 1973 c.836 �358]

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

�� 131.125 Time limitations. (1) A prosecution for aggravated murder, murder, attempted murder or aggravated murder, conspiracy or solicitation to commit aggravated murder or murder or any degree of manslaughter may be commenced at any time after the commission of the attempt, conspiracy or solicitation to commit aggravated murder or murder, or the death of the person killed.

�� (2) A prosecution for any of the following felonies may be commenced within 20 years after the commission of the crime or, if the victim at the time of the crime was under 18 years of age, anytime before the victim attains 30 years of age, whichever occurs later:

�� (a) Rape in the first degree under ORS 163.375.

�� (b) Sodomy in the first degree under ORS 163.405.

�� (c) Unlawful sexual penetration in the first degree under ORS 163.411.

�� (d) Sexual abuse in the first degree under ORS 163.427.

�� (3) A prosecution for any of the following felonies may be commenced within six years after the commission of the crime or, if the victim at the time of the crime was under 18 years of age, anytime before the victim attains 30 years of age or within 12 years after the offense is reported to a law enforcement agency or the Department of Human Services, whichever occurs first:

�� (a) Strangulation under ORS 163.187 (4).

�� (b) Criminal mistreatment in the first degree under ORS 163.205.

�� (c) Rape in the third degree under ORS 163.355.

�� (d) Rape in the second degree under ORS 163.365.

�� (e) Sodomy in the third degree under ORS 163.385.

�� (f) Sodomy in the second degree under ORS 163.395.

�� (g) Unlawful sexual penetration in the second degree under ORS 163.408.

�� (h) Sexual abuse in the second degree under ORS 163.425.

�� (i) Using a child in a display of sexual conduct under ORS 163.670.

�� (j) Encouraging child sexual abuse in the first degree under ORS 163.684.

�� (k) Incest under ORS 163.525.

�� (L) Promoting prostitution under ORS 167.012.

�� (m) Compelling prostitution under ORS 167.017.

�� (n) Luring a minor under ORS 167.057.

�� (4) A prosecution for any of the following misdemeanors may be commenced within four years after the commission of the crime or, if the victim at the time of the crime was under 18 years of age, anytime before the victim attains 22 years of age or within four years after the offense is reported to a law enforcement agency or the Department of Human Services, whichever occurs first:

�� (a) Strangulation under ORS 163.187 (3).

�� (b) Sexual abuse in the third degree under ORS 163.415.

�� (c) Exhibiting an obscene performance to a minor under ORS 167.075.

�� (d) Displaying obscene materials to minors under ORS 167.080.

�� (5) In the case of crimes described in subsection (3)(i) of this section, the victim is the child engaged in sexual conduct. In the case of the crime described in subsection (3)(k) of this section, the victim is the party to the incest other than the party being prosecuted. In the case of crimes described in subsection (3)(L) and (m) of this section, the victim is the child whose acts of prostitution are promoted or compelled.

�� (6) A prosecution for arson in any degree may be commenced within six years after the commission of the crime.

�� (7) A prosecution for any of the following felonies may be commenced within six years after the commission of the crime if the victim at the time of the crime was 65 years of age or older:

�� (a) Theft in the first degree under ORS 164.055.

�� (b) Aggravated theft in the first degree under ORS 164.057.

�� (c) Extortion under ORS 164.075.

�� (d) Robbery in the third degree under ORS 164.395.

�� (e) Robbery in the second degree under ORS 164.405.

�� (f) Robbery in the first degree under ORS 164.415.

�� (g) Forgery in the first degree under ORS 165.013.

�� (h) Fraudulent use of a credit card under ORS 165.055 (4)(b).

�� (i) Identity theft under ORS 165.800.

�� (8) Except as provided in subsection (9) of this section or as otherwise expressly provided by law, prosecutions for other offenses must be commenced within the following periods of limitations after their commission:

�� (a) For any other felony, three years.

�� (b) For any misdemeanor, two years.

�� (c) For a violation, six months.

�� (9) If the period prescribed in subsection (8) of this section has expired, a prosecution nevertheless may be commenced as follows:

�� (a) If the offense has as a material element either fraud or the breach of a fiduciary obligation, prosecution may be commenced within one year after discovery of the offense by an aggrieved party or by a person who has a legal duty to represent an aggrieved party and who is not a party to the offense, but in no case shall the period of limitation otherwise applicable be extended by more than three years;

�� (b) If the offense is based upon misconduct in office by a public officer or employee, prosecution may be commenced at any time while the defendant is in public office or employment or within two years thereafter, but in no case shall the period of limitation otherwise applicable be extended by more than three years;

�� (c) If the offense is an invasion of personal privacy under ORS 163.700 or 163.701, prosecution may be commenced within one year after discovery of the offense by the person aggrieved by the offense, by a person who has a legal duty to represent the person aggrieved by the offense or by a law enforcement agency, but in no case shall the period of limitation otherwise applicable be extended by more than three years; or

�� (d) If the offense is sexual abuse by fraudulent representation under ORS 163.429, prosecution may be commenced within six years after the victim becomes aware or reasonably should have become aware of the criminal nature of the conduct.

�� (10) Notwithstanding subsections (2) and (3) of this section, if the defendant is identified after the period described in subsection (2) or (3) of this section on the basis of DNA (deoxyribonucleic acid) sample comparisons, a prosecution for:

�� (a) Rape in the first degree, sodomy in the first degree, unlawful sexual penetration in the first degree or sexual abuse in the first degree may be commenced at any time after the commission of the crime.

�� (b) Rape in the second degree, sodomy in the second degree or unlawful sexual penetration in the second degree may be commenced within 25 years after the commission of the crime.

�� (11) Notwithstanding subsection (10) of this section, if a prosecution for a felony listed in subsection (10) of this section would otherwise be barred by subsection (2) or (3) of this section, the prosecution must be commenced within two years of the DNA-based identification of the defendant.

�� (12)(a) Notwithstanding subsection (2) of this section, if a prosecuting attorney obtains corroborating evidence of the crimes of rape in the first degree, sodomy in the first degree, unlawful sexual penetration in the first degree or sexual abuse in the first degree, after the period described in subsection (2) of this section, the prosecution may be commenced at any time after the commission of the crime.

�� (b) The corroborating evidence described in paragraph (a) of this subsection must consist of one of the following:

�� (A) Physical evidence other than a DNA sample, including but not limited to audio, video or other electronic recordings, text messages, guest book logs, telephone recordings and photographs.

�� (B) A confession, made by the defendant, to the crime the victim reported.

�� (C) An oral statement, made by the victim to another person in temporal proximity to the commission of the crime, corroborating the victim�s report of the crime to a law enforcement agency.

�� (D) A written statement, created by the victim in temporal proximity to the commission of the crime and subsequently delivered to another person or to a law enforcement agency, corroborating the victim�s report of the crime to a law enforcement agency.

�� (E) A report made by a different victim to a law enforcement agency, made either before or after the victim�s report, alleging that the defendant committed another crime of the same or similar character such that the two crimes could be charged in the same charging instrument under ORS 132.560.

�� (13)(a) A prosecuting attorney commencing a prosecution pursuant to subsection (12) of this section shall present any evidence reasonably tending to negate the guilt of the defendant to the grand jury considering the indictment for the offense.

�� (b) The failure to present evidence reasonably tending to negate guilt as required by paragraph (a) of this subsection does not affect the validity of an indictment or prosecution. [1973 c.836 �6; 1989 c.831 �1; 1991 c.386 �5; 1991 c.388 �1; 1991 c.830 �5; 1995 c.768 �8; 1997 c.427 �1; 1997 c.697 �3; 1997 c.850 �5; 2001 c.375 �1; 2005 c.252 �1; 2005 c.839 �1; 2007 c.840 �1; 2007 c.869 �6; 2009 c.585 �1; 2011 c.666 �2; 2011 c.681 �3; 2012 c.70 �2; 2015 c.417 �1; 2015 c.645 �5; 2016 c.47 �5; 2016 c.120 �1; 2023 c.200 �2; 2023 c.265 �1]

�� Note: Section 2, chapter 265, Oregon Laws 2023, provides:

�� Sec. 2. The amendments to ORS 131.125 by section 1 of this 2023 Act apply to offenses committed before, on or after the effective date of this 2023 Act [January 1, 2024] but do not operate to revive a prosecution barred by the operation of ORS 131.125 before the effective date of this 2023 Act. [2023 c.265 �2]

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

�� 131.135 When prosecution commenced. A prosecution is commenced when a warrant or other process is issued, provided that the warrant or other process is executed without unreasonable delay. [1973 c.836 �7]

�� 131.145 When time starts to run; tolling of statute. (1) For the purposes of ORS 131.125, time starts to run on the day after the offense is committed.

�� (2) Except as provided in ORS 131.155, the period of limitation does not run during:

�� (a) Any time when the accused is not an inhabitant of or usually resident within this state; or

�� (b) Any time when the accused hides within the state so as to prevent process being served upon the accused.

�� (3) If, when the offense is committed, the accused is out of the state, the action may be commenced within the time provided in ORS 131.125 after the coming of the accused into the state. [1973 c.836 �8; 1987 c.158 �19]

�� 131.155 Tolling of statute; three-year maximum. Notwithstanding ORS 131.145, in no case shall the period of limitation otherwise applicable be extended by more than three years. [1973 c.836 �9]

JURISDICTION

�� 131.205 Definition for ORS 131.205 to 131.235. As used in ORS 131.205 to 131.235, �this state� means the land and water and the airspace above the land and water with respect to which the State of Oregon has legislative jurisdiction. [1973 c.836 �13]

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

�� 131.215 Jurisdiction. Except as otherwise provided in ORS 131.205 to 131.235, a person is subject to prosecution under the laws of this state for an offense that the person commits by the conduct of the person or the conduct of another for which the person is criminally liable if:

�� (1) Either the conduct that is an element of the offense or the result that is an element occurs within this state; or

�� (2) Conduct occurring outside this state is sufficient under the law of this state to constitute an attempt to commit an offense within this state; or

�� (3) Conduct occurring outside this state is sufficient under the law of this state to constitute a conspiracy to commit an offense within this state and an overt act in furtherance of the conspiracy occurs within this state; or

�� (4) Conduct occurring within this state establishes complicity in the commission of, or an attempt, solicitation or conspiracy to commit an offense in another jurisdiction which also is an offense under the law of this state; or

�� (5) The offense consists of the omission to perform a legal duty imposed by the law of this state with respect to domicile, residence or a relationship to a person, thing or transaction in this state; or

�� (6) The offense violates a statute of this state that expressly prohibits conduct outside this state affecting a legislatively protected interest of or within this state and the actor has reason to know that the conduct of the actor is likely to affect that interest. [1973 c.836 �10]

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

�� 131.225 Exceptions. (1) Unless in the statute defining the offense a legislative intent clearly appears to declare the conduct criminal, regardless of the place of the result, ORS