2015 ORS 131.125¹
Time limitations

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This section is amended
Effective January 1, 2017
Relating to notario fraud; creating new provisions; and amending ORS 131.125, 131.602, 162.235, 164.015, 164.025, 164.035, 164.075, 194.315, 194.340 and 701.098.
Caution-flag-2-25x25
This section is amended
Effective January 1, 2017
Relating to statute of limitations; creating new provisions; and amending ORS 131.125.

(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.

(2) A prosecution for any of the following felonies may be commenced within 12 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:

(a) Rape in the first degree under ORS 163.375 (Rape in the first degree).

(b) Sodomy in the first degree under ORS 163.405 (Sodomy in the first degree).

(c) Unlawful sexual penetration in the first degree under ORS 163.411 (Unlawful sexual penetration in the first degree).

(d) Sexual abuse in the first degree under ORS 163.427 (Sexual abuse in the first degree).

(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 (Strangulation) (4).

(b) Criminal mistreatment in the first degree under ORS 163.205 (Criminal mistreatment in the first degree).

(c) Rape in the third degree under ORS 163.355 (Rape in the third degree).

(d) Rape in the second degree under ORS 163.365 (Rape in the second degree).

(e) Sodomy in the third degree under ORS 163.385 (Sodomy in the third degree).

(f) Sodomy in the second degree under ORS 163.395 (Sodomy in the second degree).

(g) Unlawful sexual penetration in the second degree under ORS 163.408 (Unlawful sexual penetration in the second degree).

(h) Sexual abuse in the second degree under ORS 163.425 (Sexual abuse in the second degree).

(i) Using a child in a display of sexual conduct under ORS 163.670 (Using child in display of sexually explicit conduct).

(j) Encouraging child sexual abuse in the first degree under ORS 163.684 (Encouraging child sexual abuse in the first degree).

(k) Incest under ORS 163.525 (Incest).

(L) Promoting prostitution under ORS 167.012 (Promoting prostitution).

(m) Compelling prostitution under ORS 167.017 (Compelling prostitution).

(n) Luring a minor under ORS 167.057 (Luring a minor).

(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 (Strangulation) (3).

(b) Sexual abuse in the third degree under ORS 163.415 (Sexual abuse in the third degree).

(c) Exhibiting an obscene performance to a minor under ORS 167.075 (Exhibiting an obscene performance to a minor).

(d) Displaying obscene materials to minors under ORS 167.080 (Displaying obscene materials to minors).

(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 (Theft in the first degree).

(b) Aggravated theft in the first degree under ORS 164.057 (Aggravated theft in the first degree).

(c) Theft by extortion under ORS 164.075 (Theft by extortion).

(d) Robbery in the third degree under ORS 164.395 (Robbery in the third degree).

(e) Robbery in the second degree under ORS 164.405 (Robbery in the second degree).

(f) Robbery in the first degree under ORS 164.415 (Robbery in the first degree).

(g) Forgery in the first degree under ORS 165.013 (Forgery in the first degree).

(h) Fraudulent use of a credit card under ORS 165.055 (Fraudulent use of a credit card) (4)(b).

(i) Identity theft under ORS 165.800 (Identity theft).

(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; or

(c) If the offense is an invasion of personal privacy under ORS 163.700 (Invasion of personal privacy in the second degree) or 163.701 (Invasion of personal privacy in the first degree), 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.

(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. [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]

Note: Section 31, chapter 70, Oregon Laws 2012, provides:

Sec. 31. The amendments to ORS 131.125 (Time limitations) and 411.990 (Penalties) by sections 2 and 3 of this 2012 Act apply to offenses committed before, on or after the effective date of this 2012 Act [March 27, 2012], but do not operate to revive a prosecution barred by the operation of ORS 131.125 (Time limitations) before the effective date of this 2012 Act. [2012 c.70 §31]

Note: Section 3, chapter 417, Oregon Laws 2015, provides:

Sec. 3. The amendments to ORS 131.125 (Time limitations) by section 1 of this 2015 Act apply to offenses committed before, on or after the effective date of this 2015 Act [January 1, 2016] but do not operate to revive a prosecution barred by the operation of ORS 131.125 (Time limitations) before the effective date of this 2015 Act. [2015 c.417 §3]

See also annota­tions under ORS 131.110 in permanent edi­tion.

Notes of Decisions

Where warrant for defendant's arrest for unlawfully obtaining public assistance was executed three years and four months from date of alleged of­fense and state offered no reason for delay, indict­ment should have been dismissed. State v. Barnes, 66 Or App 896, 676 P2d 344 (1984)

Indict­ment containing two dates on which purportedly returned, one inside and one outside statute of limita­tions, does not satisfy statutory require­ment that indict­ment show pros­e­cu­­tion was commenced within period of limita­tion. State v. Bovee, 76 Or App 572, 710 P2d 786 (1985), Sup Ct review denied

Where defendant pleaded no contest to and was convicted of driving under influence of intoxicants in 1980 and in 1986 sought and was awarded post-con­vic­­tion relief from that judg­ment, state's sub­se­quent decision to continue pros­e­cu­­tion was not barred by statute of limita­tions. State v. Sisneros, 84 Or App 306, 734 P2d 355 (1987), Sup Ct review denied

This sec­tion barred pros­e­cu­­tion for theft completed more than three years before commence­ment of pros­e­cu­­tion where state produced no evidence that defendant retained some form of interest in or control over the stolen prop­erty after pos­ses­sion was given to third-party purchaser, even though final pay­ment was made by third party within three years of filing in­for­ma­­tion. State v. Bailey, 94 Or App 767, 767 P2d 114 (1989)

Where Oregon State Bar complained to court in 1985 and 1987 that defendant was violating injunc­tion for unauthorized practice of law by activities beginning in 1981, some of Bar's complaints may have been barred by laches since two years is presumptively reasonable period for initiating crim­i­nal contempt ac­tion for viola­tions of court order. Oregon State Bar v. Wright, 309 Or 37, 785 P2d 340 (1990)

1989 amend­ments that extended statute of limita­tions from three to six years for certain of­fenses did not operate retroactively to revive cases barred from pros­e­cu­­tion by opera­tion of prior law. State v. Tyler, 108 Or App 378, 815 P2d 1289 (1991); State v. Cookman, 127 Or App 283, 873 P2d 335 (1994), aff'd 324 Or 19, 920 P2d 1086 (1996)

Amend­ment of this sec­tion that extended statute of limita­tions for certain misdemeanors from two to four years did not violate constitu­tional pro­hi­bi­­tion against ex post facto laws when applied to case where two-year period of limita­tions had not yet expired upon effective date of amend­ment. State v. Dufort, 111 Or App 515, 827 P2d 192 (1992)

Listing of sexual of­fense by both descrip­tion and current ORS number makes de­scribed of­fense charged under former ORS number subject to same statute of limita­tions as if charged under current ORS number. State v. Sharp, 151 Or App 122, 949 P2d 1230 (1997), Sup Ct review denied

Reporting of of­fense does not occur until actual communica­tion, through oral or written narra­tion, of facts that form basis for of­fense. State v. Hutchison, 176 Or App 363, 31 P3d 1123 (2001)

"Other govern­mental agency" means agency with investigative responsibility or having statutory duty to report sexual of­fense to agency with investigative responsibility. State v. Walker, 192 Or App 535, 86 P3d 690 (2004), Sup Ct review denied

Where statute of limita­tions is extended before statute of limita­tions applicable at time of of­fense has expired, applica­tion of extended statute of limita­tions to of­fense does not constitute ex post facto law. State v. Harberts, 198 Or App 546, 108 P3d 1201 (2005), Sup Ct review denied

Extended limita­tion period for commencing pros­e­cu­­tion based on miscon­duct in office by public of­fi­cer or employee applies only where limita­tion period under catch-all pro­vi­sion has expired. State v. Tannehill, 341 Or 205, 141 P3d 584 (2006)

General three-year limita­tion period for charging felony applies to charge of at­tempted rape. Lamb v. Coursey, 238 Or App 647, 243 P3d 130 (2010), Sup Ct review denied

Notes of Decisions

For purposes of time limita­tions, "pros­e­cu­­tion" refers to crim­i­nal ac­tion itself rather than filing of accusatory instru­ment. Abbott v. Baldwin, 178 Or App 289, 36 P3d 516 (2001), Sup Ct review denied


1 Legislative Counsel Committee, CHAPTER 131—Preliminary Provisions; Limitations; Jurisdiction; Venue; Criminal Forfeiture; Crime Prevention, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors131.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 131, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano131.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.