ORS 161.155
Criminal liability for conduct of another


A person is criminally liable for the conduct of another person constituting a crime if:

(1)

The person is made criminally liable by the statute defining the crime; or

(2)

With the intent to promote or facilitate the commission of the crime the person:

(a)

Solicits or commands such other person to commit the crime; or

(b)

Aids or abets or agrees or attempts to aid or abet such other person in planning or committing the crime; or

(c)

Having a legal duty to prevent the commission of the crime, fails to make an effort the person is legally required to make. [1971 c.743 §13]

Source: Section 161.155 — Criminal liability for conduct of another, https://www.­oregonlegislature.­gov/bills_laws/ors/ors161.­html.

Notes of Decisions

Defendant aided and abetted within the meaning of this section where he continued to aid accomplice in the commission of a cafe burglary after accomplice used deadly weapon despite protests by defendant. State v. Hightower, 17 Or App 112, 520 P2d 470 (1974)

Aiding and abetting includes advising, counseling, procuring or encouraging another in the commission of a crime. State v. Smith, 18 Or App 39, 523 P2d 1048 (1974)

Where defendant and others unlawfully occupied farm shed of another, defendant was liable for acts of his co-offenders. State v. Essig, 31 Or App 639, 571 P2d 170 (1977), Sup Ct review denied

Where defendant, indicted for perpetrating criminal acts of first degree rape and first degree sodomy, challenged jury instruction which allowed jury to find defendant guilty of charges if it found that defendant aided and abetted commission of those criminal acts, such instruction was proper. State v. LeBrun, 37 Or App 411, 587 P2d 1044 (1978), Sup Ct review denied

Where, although there was no direct evidence of collusion, there was sufficient circumstantial evidence to support inference that defendant and other had acted in concert in killing victim in their actions both before and after crime, there was sufficient circumstantial evidence of collusion to support instruction on aiding and abetting. State v. Moriarty, 87 Or App 465, 742 P2d 704 (1987), Sup Ct review denied

Evidence that defendant met with other person on day before property was stolen, knew other person’s reputation for “wheeling and dealing” and asked other person to sell him VCR and color television “used” at cheap price, did not establish command or solicitation to commit crime. State v. Cheney, 92 Or App 633, 759 P2d 1119 (1988)

Where arrested defendant’s thrashing about was intended to assist others in resisting her arrest, it was not error for trial court to deny defendant’s motion for judgment of acquittal on resisting arrest charge. State v. Hasan, 93 Or App 142, 760 P2d 1377 (1988)

Acquiescence alone is not sufficient to constitute aiding and abetting. State ex rel Juv. Dept. v. Holloway, 102 Or App 553, 795 P2d 589 (1990); State v. Anlauf, 164 Or App 672, 995 P2d 547 (2000)

Defendant aided and abetted sexual assault when defendant and co-defendant dragged victim into room, defendant had opportunity to observe co-defendant “going up” shirt of victim, defendant invited others into room, individuals invited into room yelled and victim screamed. State ex rel Juv. Dept. v. Arevalo, 117 Or App 505, 844 P2d 928 (1992), Sup Ct review denied

When defendant told undercover police officer to “see that guy” about buying cocaine, rational trier of fact could find defendant aided or abetted crime of delivering cocaine. State v. Bargas-Perez, 117 Or App 510, 844 P2d 931 (1992)

Where coconspirator commits separate crime during course of common criminal episode, defendant’s participation in common criminal episode does not by itself establish that defendant was aider and abettor in commission of separate crime. State v. Anlauf, 164 Or App 672, 995 P2d 547 (2000)

Defendant indicted as principal in crime may be convicted under aid and abet theory without state pleading defendant’s intent to promote or facilitate crime. State v. Burney, 191 Or App 227, 82 P3d 164 (2003), Sup Ct review denied

Criminal liability of defendant for acts of another is limited to acts defendant intended to promote or facilitate. State v. Lopez-Minjarez, 236 Or App 270, 237 P3d 223 (2010), aff’d 350 Or 576, 260 P3d 439 (2011)

Person cannot be held liable for aiding and abetting based solely on conduct that occurs after commission of predicate offense. State v. Wilson, 240 Or App 475, 248 P3d 10 (2011)

Attorney General Opinions

Illegality of licensee approving plans prepared by one not an employe or licensed, (1972) Vol 35, p 1173; criminal liability of licensed nurse for conduct of person practicing nursing who is not licensed and has not completed board-approved training program, (1980) Vol 41, p 166

161.005
Short title
161.015
General definitions
161.025
Purposes
161.035
Application of Criminal Code
161.045
Limits on application
161.055
Burden of proof as to defenses
161.067
Determining punishable offenses for violation of multiple statutory provisions, multiple victims or repeated violations
161.085
Definitions with respect to culpability
161.095
Requirements for criminal liability
161.105
Culpability requirement inapplicable to certain violations and offenses
161.115
Construction of statutes with respect to culpability
161.125
Drug or controlled substance use or dependence or intoxication as defense
161.150
Criminal liability described
161.155
Criminal liability for conduct of another
161.160
Exclusion of defenses to criminal liability for conduct of another
161.165
Exemptions to criminal liability for conduct of another
161.170
Criminal liability of corporations
161.175
Criminal liability of an individual for corporate conduct
161.190
Justification as a defense
161.195
“Justification” described
161.200
Choice of evils
161.205
Use of physical force generally
161.209
Use of physical force in defense of a person
161.215
Limitations on use of physical force in defense of a person
161.219
Limitations on use of deadly physical force in defense of a person
161.225
Use of physical force in defense of premises
161.229
Use of physical force in defense of property
161.233
Use of physical force by peace officer
161.237
Use of physical force involving pressure on throat or neck by peace officer or corrections officer
161.242
Use of deadly physical force by peace officer
161.245
“Reasonable belief” described
161.249
Use of physical force by private person assisting an arrest
161.255
Use of physical force by private person making citizen’s arrest
161.260
Use of physical force in resisting arrest prohibited
161.265
Use of physical force by guard or peace officer employed in correctional facility
161.267
Use of physical force by corrections officer or official employed by Department of Corrections
161.270
Duress
161.275
Entrapment
161.290
Incapacity due to immaturity
161.295
Effect of qualifying mental disorder
161.300
Evidence of qualifying mental disorder admissible as to intent
161.305
Qualifying mental disorder as affirmative defense
161.309
Notice of mental defense
161.313
Jury instructions
161.315
Right of state to obtain mental examination of defendant
161.319
Form of verdict on guilty except for insanity
161.325
Finding of guilty except for insanity
161.326
Notice to victim
161.327
Commitment or conditional release of person found guilty except for insanity of felony
161.328
Commitment of person found guilty except for insanity of misdemeanor
161.329
Order of discharge
161.332
“Conditional release” defined
161.336
Conditional release by board
161.341
Application for discharge or conditional release
161.346
Hearings on discharge, conditional release, commitment or modification
161.348
Judicial review
161.349
Person committed under ORS 161.315 to 161.351 sentenced to term of incarceration
161.351
Discharge by board
161.355
Definitions
161.360
Qualifying mental disorder affecting fitness to proceed
161.362
Requirements for recommendations, determinations and orders
161.365
Procedure for determining issue of fitness to proceed
161.367
Gaining or regaining fitness
161.370
Determination of fitness to proceed
161.371
Procedures upon commitment of defendant
161.372
Involuntary administration of medication for fitness to proceed
161.373
Records for fitness to proceed examination
161.375
Escape of person placed at hospital or facility
161.385
Psychiatric Security Review Board
161.387
Board to implement policies
161.390
Rules for assignment of persons to state mental hospitals or secure intensive community inpatient facilities
161.392
Certification of psychiatrists and licensed psychologists
161.395
Subpoena power
161.397
Psychiatric Security Review Board Account
161.398
Restorative justice program
161.400
Leave of absence
161.405
“Attempt” described
161.425
Impossibility not a defense
161.430
Renunciation as a defense to attempt
161.435
Solicitation
161.440
Renunciation as defense to solicitation
161.450
“Criminal conspiracy” described
161.455
Conspiratorial relationship
161.460
Renunciation as defense to conspiracy
161.465
Duration of conspiracy
161.475
Defenses to solicitation and conspiracy
161.485
Multiple convictions barred in inchoate crimes
161.505
“Offense” described
161.515
“Crime” described
161.525
“Felony” described
161.535
Classification of felonies
161.545
“Misdemeanor” described
161.555
Classification of misdemeanors
161.566
Misdemeanor treated as violation
161.568
Misdemeanor treated as violation
161.570
Felony treated as misdemeanor
161.585
Classification of certain crimes determined by punishment
161.605
Maximum terms of imprisonment for felonies
161.610
Enhanced penalty for use of firearm during commission of felony
161.615
Maximum terms of imprisonment for misdemeanors
161.620
Sentences imposed upon waiver
161.625
Fines for felonies
161.635
Fines for misdemeanors
161.645
Standards for imposing fines
161.655
Fines for corporations
161.665
Costs
161.675
Time and method of payment of fines, restitution and costs
161.685
Effect of nonpayment of fines, restitution or costs
161.705
Reduction of certain felonies to misdemeanors
161.710
Reduction of certain felony driving offenses after completion of sentence
161.715
Standards for discharge of defendant
161.725
Standards for sentencing of dangerous offenders
161.735
Procedure for determining whether defendant dangerous
161.737
Sentence imposed on dangerous offender as departure from sentencing guidelines
161.740
Sentencing of juvenile offenders
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