(1) A charge against a person subject to the Oregon Code of Military Justice for an offense that is classified as a Class A felony under the Oregon Criminal Code shall first be presented by the convening authority to a prosecuting civilian authority with jurisdiction over the offense for possible prosecution.

Attorney's Note

Under the Oregon Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class A felonyup to 20 yearsup to $375,000
For details, see Or. Rev. Stat.161.605

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Terms Used In Oregon Statutes 398.014

  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.

(2) If the prosecuting civilian authority declines to prosecute or fails to respond within 90 days from presentation of the charge, the charge may then be prosecuted as provided in this chapter or the Oregon Code of Military Justice. [2005 c.512 § 33; 2013 c.81 § 8]

 

[1961 c.454 § 84; repealed by 2013 c.81 § 20]

 

[1961 c.454 § 85; repealed by 2013 c.81 § 20]

 

[1961 c.454 § 86; repealed by 2013 c.81 § 20]