2017 ORS 136.450¹
Number of jurors required for verdict

(1) Except as otherwise provided in subsection (2) of this section, the verdict of a trial jury in a criminal action shall be by concurrence of at least 10 of 12 jurors.

(2) Except when the state requests a unanimous verdict, a verdict of guilty for murder or aggravated murder shall be by concurrence of at least 11 of 12 jurors. [Formerly 136.610; 1997 c.313 §25]

See also annota­tions under ORS 136.610 in permanent edi­tion.

Notes of Decisions

The verdict of a jury of less than 12 members must be unanimous. State v. Johnson, 13 Or App 79, 508 P2d 840 (1973)

Where juror stated she had voted for con­vic­­tion in jury room but changed vote to not guilty when jury was polled and changed vote defeated verdict reached in jury room, it was error to receive verdict. State v. De Vault, 78 Or App 307, 715 P2d 1353 (1986)

Juries must agree on specific factual occurrences that constitute statutorily defined ele­ments of crime at issue, although they need not agree on evidentiary bases for proving ele­ments. State v. Houston, 147 Or App 285, 935 P2d 1242 (1997)

Where alternative fact patterns are offered as bases for proving ele­ments of crime, court may either force state to make elec­tion at close of case in chief or may instruct jury of need to agree on facts forming ele­ments of crime. State v. Houston, 147 Or App 285, 935 P2d 1242 (1997)

Verdict of guilty except for insanity requires same number of concurring jurors as other guilty verdicts. State v. Reese, 156 Or App 406, 967 P2d 514 (1998)

1 Legislative Counsel Committee, CHAPTER 136—Criminal Trials, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors136.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 136, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano136.­html (2017) (last ac­cessed Mar. 30, 2018).
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.