2015 ORS 131.315¹
Special provisions

(1) If conduct constituting elements of an offense or results constituting elements of an offense occur in two or more counties, trial of the offense may be held in any of the counties concerned.

(2) If a cause of death is inflicted on a person in one county and the person dies therefrom in another county, trial of the offense may be held in either county.

(3) If the commission of an offense commenced outside this state is consummated within this state, trial of the offense shall be held in the county in which the offense is consummated or the interest protected by the criminal statute in question is impaired.

(4) If an offense is committed on any body of water located in, or adjacent to, two or more counties or forming the boundary between two or more counties, trial of the offense may be held in any nearby county bordering on the body of water.

(5) If an offense is committed in or upon any railroad car, vehicle, aircraft, boat or other conveyance in transit and it cannot readily be determined in which county the offense was committed, trial of the offense may be held in any county through or over which the conveyance passed.

(6) If an offense is committed on the boundary of two or more counties or within one mile thereof, trial of the offense may be held in any of the counties concerned.

(7) A person who commits theft, burglary or robbery may be tried in any county in which the person exerts control over the property that is the subject of the crime.

(8) If the offense is an attempt or solicitation to commit a crime, trial of the offense may be held in any county in which any act that is an element of the offense is committed.

(9) If the offense is criminal conspiracy, trial of the offense may be held in any county in which any act or agreement that is an element of the offense occurs.

(10) A person who in one county commits an inchoate offense that results in the commission of an offense by another person in another county, or who commits the crime of hindering prosecution of the principal offense, may be tried in either county.

(11) A criminal nonsupport action may be tried in any county in which the dependent child is found, irrespective of the domicile of the parent, guardian or other person lawfully charged with support of the child.

(12) If the offense is theft, forgery or identity theft and the offense consists of an aggregate transaction involving more than one county, trial of the offense may be held in any county in which one of the acts of theft, forgery or identity theft was committed.

(13) When a prosecution is for violation of the Oregon Securities Law, the trial of the offense may be held in the county in which:

(a) The offer to purchase or sell securities took place or where the sale or purchase of securities took place; or

(b) Any act that is an element of the offense occurred.

(14) When a prosecution under ORS 165.692 (Making false claim for health care payment) and 165.990 (Penalties) or 411.675 (Submitting wrongful claim for payment of public assistance or medical assistance) and 411.990 (Penalties) (2) and (3) involves Medicaid funds, the trial of the offense may be held in the county in which the claim was submitted for payment or in the county in which the claim was paid.

(15)(a) If the offense is stalking under ORS 163.732 (Stalking) and involves contacts as defined in ORS 163.730 (Definitions for ORS 30.866 and 163.730 to 163.750) in more than one county, trial of the offense may be held in any county in which a contact occurred.

(b) If the offense is violating a court’s stalking protective order under ORS 163.750 (Violating a court's stalking protective order), trial of the offense may be held in the county in which the defendant engaged in conduct prohibited by the order or in the county in which the order was issued. [1973 c.836 §15; 1987 c.603 §26; 1989 c.384 §1; 1993 c.680 §28; 1995 c.496 §7; 2007 c.584 §3; 2009 c.212 §1]

See also annota­tions under ORS 131.340, 131.350, 131.360 and 131.370 in permanent edi­tion.

Notes of Decisions

Charging of entire crim­i­nal act in county where some events of crim­i­nal act occurred does not violate Article I, sec­tion 11. State v. Johnson, 6 Or App 195, 487 P2d 115 (1971), Sup Ct review denied

Venue may be laid in county either in which con­duct constituting a crime occurred, or in which the results of the alleged act were intended to occur. State v. Hall, 26 Or App 17, 552 P2d 272 (1976)

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 jury was entitled to infer from evidence that defendant who was charged with rape in first de­gree subjected victims to "forcible compulsion," one ele­ment of charged crime in or within one mile of Multnomah County, Multnomah County trial court did not err in rejecting defendant's lack of venue argu­ment and denying his mo­tion or judg­ment of acquittal. State v. Sanarrita, 102 Or App 349, 794 P2d 457 (1990)

Legislature may properly specify loca­tion of county boundaries for judicial purposes and pro­vi­sion of this sec­tion relating to venue of of­fense committed on boundary of two or more counties or within one mile thereof is constitu­tional. State v. McCown, 113 Or App 627, 833 P2d 1321 (1992), 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.