(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.

Terms Used In Oregon Statutes 131.125

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fiduciary: A trustee, executor, or administrator.
  • 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
  • Fraud: Intentional deception resulting in injury to another.
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100

(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]

 

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

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]

 

[Repealed by 1973 c.836 § 358]

 

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