2015 ORS 131.305¹
Place of trial

(1) Except as otherwise provided in ORS 131.305 (Place of trial) to 131.415 (Conveyance of defendant in custody after change of venue), criminal actions shall be commenced and tried in the county in which the conduct that constitutes the offense or a result that is an element of the offense occurred.

(2) All objections of improper place of trial are waived by a defendant unless the defendant objects in the manner set forth in ORS 131.335 (Change of venue) to 131.363 (Change of venue in other cases). [1973 c.836 §14]

See also annota­tions under ORS 131.310 in permanent edi­tion.

Notes of Decisions

When an indict­ment charges that a crim­i­nal agree­ment was made in a certain county, a con­vic­­tion cannot rest on proof that the agree­ment was made in a different county and only sub­se­quent acts in pursuance of the agree­ment occurred in the county where the making of the agree­ment is alleged. State v. Roper, 286 Or 621, 595 P2d 1247 (1979)

Where defendant escaped from confine­ment in work camp located in Tillamook County, venue was proper only in that county and prosecuting defendant in Marion County, where he had been confined prior to transfer, was improper. State v. Dillenburg, 49 Or App 911, 621 P2d 1193 (1980)

Where traffic of­fense of DUII was prosecuted as misdemeanor for con­vic­­tion of same of­fense within 5 years, thus creating a crim­i­nal pros­e­cu­­tion, defendant had absolute right under Oregon Constitu­tion Article I, Sec­tion 11 to change of venue to county where of­fense was committed. State v. Camp, 53 Or App 599, 633 P2d 12 (1981)

Place of trial is es­tab­lished by statute and objec­tions to place of trial are waived unless raised in trial court. State v. Jasper, 89 Or App 572, 750 P2d 498 (1988)

Where record showed that judge heard answer es­tab­lishing venue, inaudible nature of answer on tape recording of testimony did not require overturning con­vic­­tion. State v. Post, 126 Or App 446, 868 P2d 1366 (1994), Sup Ct review denied

Law Review Cita­tions

53 OLR 105 (1973)


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.