ORS 135.717¹
Time of crime

The precise time at which the offense was committed need not be stated in the accusatory instrument, but it may be alleged to have been committed at any time before the finding thereof and within the time in which an action may be commenced therefor, except where the time is a material element in the offense. [Formerly 132.610]

See also annota­tions under ORS 132.610 in permanent edi­tion.

Notes of Decisions

A defendant cannot make time a ma­te­ri­al ele­ment of the crime by a de­fense of alibi. State v. Knight, 6 Or App 534, 487 P2d 1404 (1971)

Where alleged date of of­fense differed from proven date of of­fense and date was not ma­te­ri­al to charge, variance was permissible absent showing of actual prejudice. State v. Long, 320 Or 361, 885 P2d 696 (1994), cert. denied, 514 US 1087; State v. Baldeagle, 154 Or App 234, 961 P2d 264 (1998), Sup Ct review denied

Law Review Cita­tions

2 EL 230-274 (1971)

1 Legislative Counsel Committee, CHAPTER 135—Arraignment and Pretrial Provisions, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors135.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 135, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano135.­html (2019) (last ac­cessed May 16, 2020).
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. Currency Information