(1) 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.

Have a question?
Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In Oregon Statutes 161.067

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Personal property: All property that is not real property.

(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 163.411 shall constitute separate violations of their respective statutory provisions for purposes of determining the number of statutory violations. [1987 c.2 § 13; 1991 c.386 § 9; 2003 c.629 § 4; 2007 c.684 § 3; 2017 c.318 § 1]

 

[Repealed by 1971 c.743 § 432]

 

[1965 c.516 § 1; repealed by 1971 c.743 § 432]

 

[Repealed by 1971 c.743 § 432]

 

CRIMINAL LIABILITY