(7)(b), 475.854 (2)(c) or 475.874 (2)(c) as a Class A misdemeanor under

475.752 (7)(b), 475.854 (2)(c) or 475.874 (2)(c) as a Class A misdemeanor under this subsection, the court shall amend the accusatory instrument to reflect the charged offense as a Class A misdemeanor.

����� (3) If a Class C felony or a violation of ORS 475.752 (7)(b), 475.854 (2)(c) or 475.874 (2)(c) is treated as a Class A misdemeanor under this section, the court shall clearly denominate the offense as a Class A misdemeanor in any judgment entered in the matter.

����� (4) If no election is made under this section, the case proceeds as a felony.

����� (5) Before a district attorney may make an election under subsection (2) of this section, the district attorney shall adopt written guidelines for determining when and under what circumstances the election may be made. The district attorney shall apply the guidelines uniformly.

����� (6) Notwithstanding ORS 161.635, the fine that a court may impose upon conviction of a misdemeanor under this section may not:

����� (a) Be less than the minimum fine established by ORS 137.286 for a felony; or

����� (b) Exceed the amount provided in ORS 161.625 for the class of felony receiving Class A misdemeanor treatment. [2003 c.645 �2; 2005 c.708 �47; 2007 c.286 �1; 2011 c.597 �18; 2013 c.591 �4; 2017 c.706 �25; 2021 c.591 �43; 2025 c.375 �6]

����� 161.575 [1971 c.743 �72; repealed by 1999 c.1051 �49]

����� 161.585 Classification of certain crimes determined by punishment. (1) When a crime punishable as a felony is also punishable by imprisonment for a maximum term of one year or by a fine, the crime shall be classed as a misdemeanor if the court imposes a punishment other than imprisonment under ORS 137.124 (1).

����� (2) Notwithstanding the provisions of ORS 161.525, upon conviction of a crime punishable as described in subsection (1) of this section, the crime is a felony for all purposes until one of the following events occurs, after which occurrence the crime is a misdemeanor for all purposes:

����� (a) Without imposing a sentence of probation, the court imposes a sentence of imprisonment other than to the legal and physical custody of the Department of Corrections.

����� (b) Without imposing a sentence of probation, the court imposes a fine.

����� (c) Upon revocation of probation, the court imposes a sentence of imprisonment other than to the legal and physical custody of the Department of Corrections.

����� (d) Upon revocation of probation, the court imposes a fine.

����� (e) The court declares the offense to be a misdemeanor, either at the time of imposing a sentence of probation, upon suspension of imposition of a part of a sentence, or on application of defendant or the parole and probation officer of the defendant thereafter.

����� (f) The court imposes a sentence of probation on the defendant without imposition of any other sentence upon conviction and defendant is thereafter discharged without any other sentence.

����� (g) Without imposing a sentence of probation and without imposing any other sentence, the court declares the offense to be a misdemeanor and discharges the defendant.

����� (3) The provisions of this section shall apply only to persons convicted of a felony committed prior to November 1, 1989. [1971 c.743 �73; 1987 c.320 �85; 1989 c.790 �52; 1993 c.14 �18; 2005 c.264 �15]

DISPOSITION OF OFFENDERS

����� 161.605 Maximum terms of imprisonment for felonies. 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 c.743 �74]

����� 161.610 Enhanced penalty for use of firearm during commission of felony; pleading; minimum penalties; suspension or reduction of penalty. (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 an element in aggravation of the crime as provided in this section. When a crime is so pleaded, the aggravated nature of the crime may be indicated by adding the words �with a firearm� to the title of the offense. The unaggravated crime shall be considered a lesser included offense.

����� (3) Notwithstanding the provisions of ORS 161.605 or 137.010 (3) and except as otherwise provided in subsection (6) of this section, if a defendant is convicted of a felony having as an element the defendant�s use or threatened use of a firearm during the commission of the crime, the court shall impose at least the minimum term of imprisonment as provided in subsection (4) of this section. Except as provided in ORS 144.122 and 144.126 and subsection (5) of this section, in no case shall any person punishable under this section become eligible for work release, parole, temporary leave or terminal leave until the minimum term of imprisonment is served, less a period of time equivalent to any reduction of imprisonment granted for good time served or time credits earned under ORS 421.121, nor shall the execution of the sentence imposed upon such person be suspended by the court.

����� (4) The minimum terms of imprisonment for felonies having as an element the defendant�s use or threatened use of a firearm in the commission of the crime shall be as follows:

����� (a) Except as provided in subsection (5) of this section, upon the first conviction for such felony, five years, except that if the firearm is a machine gun, short-barreled rifle, short-barreled shotgun or is equipped with a firearms silencer, the term of imprisonment shall be 10 years.

����� (b) Upon conviction for such felony committed after punishment pursuant to paragraph (a) of this subsection or subsection (5) of this section, 10 years, except that if the firearm is a machine gun, short-barreled rifle, short-barreled shotgun or is equipped with a firearms silencer, the term of imprisonment shall be 20 years.

����� (c) Upon conviction for such felony committed after imprisonment pursuant to paragraph (b) of this subsection, 30 years.

����� (5) If it is the first time that the defendant is subject to punishment under this section, rather than impose the sentence otherwise required by subsection (4)(a) of this section, the court may:

����� (a) For felonies committed prior to November 1, 1989, suspend the execution of the sentence or impose a lesser term of imprisonment, when the court expressly finds mitigating circumstances justifying such lesser sentence and sets forth those circumstances in its statement on sentencing; or

����� (b) For felonies committed on or after November 1, 1989, impose a lesser sentence in accordance with the rules of the Oregon Criminal Justice Commission.

����� (6) When a defendant who is convicted of a felony having as an element the defendant�s use or threatened use of a firearm during the commission of the crime is a person who was waived under ORS 137.707 (5)(b)(A), 419C.349 (1)(b), 419C.352, 419C.364 or 419C.370, the court is not required to impose a minimum term of imprisonment under this section. [1979 c.779 �2; 1985 c.552 �1; 1989 c.790 �72; 1989 c.839 �18; 1991 c.133 �3; 1993 c.692 �9; 1999 c.951 �3; 2005 c.407 �1; 2009 c.610 �5; 2019 c.634 �7]

����� 161.615 Maximum terms of imprisonment for misdemeanors. 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 unclassified misdemeanor, as provided in the statute defining the crime. [1971 c.743 �75; 2017 c.706 �22]

����� 161.620 Sentences imposed upon waiver. 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 minimum sentence except that a mandatory minimum sentence under:

����� (1) ORS 137.707 shall be imposed, except as provided in ORS 137.712;

����� (2) ORS 163.105 (1)(c) shall be imposed; and

����� (3) ORS 161.610 may be imposed. [1985 c.631 �9; 1989 c.720 �3; 1993 c.33 �306; 1993 c.546 �119; 1995 c.422 �131y; 1999 c.951 �2; 2019 c.634 �8]

����� Note: 161.620 was added to and made a part of ORS 161.615 to 161.685 by legislative action but was not added to any smaller series in that series. See Preface to Oregon Revised Statutes for further explanation.

����� 161.625 Fines for felonies. (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 to pay a fine for an unclassified felony shall be a sentence to pay an amount, fixed by the court, as provided in the statute defining the crime.

����� (3)(a) If a person has gained money or property through the commission of a felony, then upon conviction thereof the court, in lieu of imposing the fine authorized for the crime under subsection (1) or (2) of this section, may sentence the defendant to pay an amount, fixed by the court, not exceeding double the amount of the defendant�s gain from the commission of the crime.

����� (b) The provisions of paragraph (a) of this subsection do not apply to the felony theft of a companion animal, as defined in ORS 164.055, or a captive wild animal.

����� (4) As used in this section, �gain� means the amount of money or the value of property derived from the commission of the felony, less the amount of money or the value of property returned to the victim of the crime or seized by or surrendered to lawful authority before the time sentence is imposed. �Value� shall be determined by the standards established in ORS 164.115.

����� (5) When the court imposes a fine for a felony the court shall make a finding as to the amount of the defendant�s gain from the crime. If the record does not contain sufficient evidence to support a finding the court may conduct a hearing upon the issue.

����� (6) Except as provided in ORS 161.655, this section does not apply to a corporation. [1971 c.743 �76; 1981 c.390 �1; 1991 c.837 �11; 1993 c.680 �36; 2003 c.615 �1; 2003 c.737 �86]

����� 161.635 Fines for misdemeanors. (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 unclassified misdemeanor shall be a sentence to pay an amount, fixed by the court, as provided in the statute defining the crime.

����� (3) If a person has gained money or property through the commission of a misdemeanor, then upon conviction thereof the court, instead of imposing the fine authorized for the offense under this section, may sentence the defendant to pay an amount fixed by the court, not exceeding double the amount of the defendant�s gain from the commission of the offense. In that event, ORS 161.625 (4) and (5) apply.

����� (4) This section does not apply to corporations. [1971 c.743 �77; 1981 c.390 �2; 1993 c.680 �30; 1995 c.545 �2; 1999 c.1051 �44; 2003 c.737 �87]

����� 161.645 Standards for imposing fines. 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 a fine on an installment basis or on other conditions to be fixed by the court. [1971 c.743 �78]

����� 161.655 Fines for corporations. (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) $50,000 when the conviction is of a felony.

����� (b) $5,000 when the conviction is of a Class A misdemeanor or of an unclassified misdemeanor for which a term of imprisonment of more than six months is authorized.

����� (c) $2,500 when the conviction is of a Class B misdemeanor or of an unclassified misdemeanor for which the authorized term of imprisonment is not more than six months.

����� (d) $1,000 when the conviction is of a Class C misdemeanor or an unclassified misdemeanor for which the authorized term of imprisonment is not more than 30 days.

����� (2) A sentence to pay a fine, when imposed on a corporation for an offense defined outside the Oregon Criminal Code, if a special fine for a corporation is provided in the statute defining the offense, shall be a sentence to pay an amount, fixed by the court, as provided in the statute defining the offense.

����� (3) If a corporation has gained money or property through the commission of an offense, then upon conviction thereof the court, in lieu of imposing the fine authorized for the offense under subsection (1) or (2) of this section, may sentence the corporation to pay an amount, fixed by the court, not exceeding double the amount of the corporation�s gain from the commission of the offense. In that event, ORS 161.625 (4) and (5) apply. [1971 c.743 �79; 1999 c.1051 �45]

����� 161.665 Costs. (1) Except as provided in ORS