ORS 161.360¹
Qualifying mental disorder affecting fitness to proceed

(1) If, before or during the trial in any criminal case, the court has reason to doubt the defendant’s fitness to proceed by reason of incapacity, the court may order an examination in the manner provided in ORS 161.365 (Procedure for determining issue of fitness to proceed).

(2) A defendant may be found incapacitated if, as a result of a qualifying mental disorder, the defendant is unable:

(a) To understand the nature of the proceedings against the defendant; or

(b) To assist and cooperate with the counsel of the defendant; or

(c) To participate in the defense of the defendant. [1971 c.743 §50; 1993 c.238 §1; 2017 c.634 §14]

Notes of Decisions

Competency to stand trial includes competency to choose whether to assert de­fense of nonresponsibility and court may not impose such de­fense over objec­tion of defendant who was represented by counsel, had not raised de­fense and had been found competent to stand trial. State v. Peterson, 70 Or App 333, 689 P2d 985 (1984)

Where sec­tion makes it clear that mo­tion for determina­tion of fitness to proceed is not untimely at any time before or during trial in any crim­i­nal case and court did not discharge its duty to assess defendant’s fitness to proceed, trial court erred in denying defendant’s mo­tion as untimely. State v. Gilmore, 102 Or App 102, 792 P2d 1242 (1990)

Atty. Gen. Opinions

Right of mentally diseased per­son to vote, (1972) Vol 35, p 1220

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


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

  • Ontario Argus Observer - Ontario,OR,USA, Nov 11, 2009
    “According to Oregon Revised Statute 161.360: A defendant “may be found incapacitated if, as a result of mental disease or defect,” and he or she is unable ...”
1 Legislative Counsel Committee, CHAPTER 161—General Provisions, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors161.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 161, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano161.­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