2015 ORS 161.332¹
Definitions

As used in ORS 161.315 (Right of state to obtain mental examination of defendant) to 161.351 (Discharge by agency) and 161.385 (Psychiatric Security Review Board) to 161.395 (Subpoena power):

(1) "Conditional release" includes, but is not limited to, the monitoring of mental and physical health treatment.

(2) "Tier one offender" means a person who has been found guilty except for insanity of a tier one offense.

(3) "Tier one offense" means:

(a) Aggravated murder as defined in ORS 163.095 ("Aggravated murder" defined);

(b) Attempt or conspiracy to commit aggravated murder as defined in ORS 163.095 ("Aggravated murder" defined);

(c) Murder as defined in ORS 163.115 (Murder);

(d) Attempt or conspiracy to commit murder as defined in ORS 163.115 (Murder);

(e) Manslaughter in the first degree as defined in ORS 163.118 (Manslaughter in the first degree);

(f) Manslaughter in the second degree as defined in ORS 163.125 (Manslaughter in the second degree);

(g) Assault in the first degree as defined in ORS 163.185 (Assault in the first degree);

(h) Assault in the second degree as defined in ORS 163.175 (Assault in the second degree);

(i) Kidnapping in the first degree as defined in ORS 163.235 (Kidnapping in the first degree);

(j) Kidnapping in the second degree as defined in ORS 163.225 (Kidnapping in the second degree);

(k) Rape in the first degree as defined ORS 163.375 (Rape in the first degree);

(L) Rape in the second degree as defined in ORS 163.365 (Rape in the second degree);

(m) Sodomy in the first degree as defined in ORS 163.405 (Sodomy in the first degree);

(n) Sodomy in the second degree as defined in ORS 163.395 (Sodomy in the second degree);

(o) Unlawful sexual penetration in the first degree as defined ORS 163.411 (Unlawful sexual penetration in the first degree);

(p) Unlawful sexual penetration in the second degree as defined ORS 163.408 (Unlawful sexual penetration in the second degree);

(q) Sexual abuse in the first degree as defined in ORS 163.427 (Sexual abuse in the first degree);

(r) Robbery in the first degree as defined in ORS 164.415 (Robbery in the first degree);

(s) Robbery in the second degree as defined in ORS 164.405 (Robbery in the second degree);

(t) Arson in the first degree as defined in ORS 164.325 (Arson in the first degree);

(u) Using a child in a display of sexually explicit conduct as defined in ORS 163.670 (Using child in display of sexually explicit conduct);

(v) Compelling prostitution as defined in ORS 167.017 (Compelling prostitution); or

(w) Aggravated vehicular homicide as defined in ORS 163.149 (Aggravated vehicular homicide).

(4) "Tier two offender" means a person who has been found guilty except for insanity only of offenses that are not tier one offenses. [1977 c.380 §1; 1983 c.800 §8; 2011 c.708 §11a]

Notes of Decisions

Under former version of these sec­tions, Psychiatric Security Review Board could, at initial disposi­tional hearing, order only commit­ment to mental hospital or condi­tional release, so it had no authority to make independent redetermina­tion of dangerousness of defendant or to order her discharged on basis of such redetermina­tion. Adams v. Psychiatric Security Review Bd., 290 Or 273, 621 P2d 572 (1980)

Law Review Cita­tions

18 WLR 23 (1982)

Law Review Cita­tions

51 OLR 428 (1972); 52 OLR 285-295 (1973)

Chapter 161

Notes of Decisions

A juvenile court adjudica­tion of whether or not a child committed acts which would be a crim­i­nal viola­tion if committed by an adult must necessarily include an adjudica­tion of all af­firm­a­tive de­fenses that would be available to an adult being tried for the same crim­i­nal viola­tion. State ex rel Juvenile Dept. v. L.J., 26 Or App 461, 552 P2d 1322 (1976)

Law Review Cita­tions

2 EL 237 (1971); 51 OLR 427-637 (1972)

Chapter 161

Criminal Code

(Generally)

Notes of Decisions

Legislature's adop­tion of 1971 Criminal Code did not abolish doctrine of transferred intent. State v. Wesley, 254 Or App 697, 295 P3d 1147 (2013), Sup Ct review denied


1 Legislative Counsel Committee, CHAPTER 161—General Provisions, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors161.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 161, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano161.­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.