2015 ORS 161.450¹
"Criminal conspiracy" described

(1) A person is guilty of criminal conspiracy if with the intent that conduct constituting a crime punishable as a felony or a Class A misdemeanor be performed, the person agrees with one or more persons to engage in or cause the performance of such conduct.

(2) Criminal conspiracy is a:

(a) Class A felony if an object of the conspiracy is commission of murder, treason or a Class A felony.

(b) Class B felony if an object of the conspiracy is commission of a Class B felony.

(c) Class C felony if an object of the conspiracy is commission of a Class C felony.

(d) Class A misdemeanor if an object of the conspiracy is commission of a Class A misdemeanor. [1971 c.743 §59]

Notes of Decisions

Conspiracy to commit a particular substantive of­fense cannot exist without at least the de­gree of crim­i­nal intent necessary for the substantive of­fense itself. State v. Brewer, 12 Or App 105, 504 P2d 1067 (1973), aff'd 267 Or 346, 517 P2d 264 (1973)

As part of the agree­ment, the defendant must have had the intent with others of com­mit­ting a certain crime. State v. Brewer, 12 Or App 105, 504 P2d 1067 (1973), aff'd 267 Or 346, 517 P2d 264 (1973)

The crime is complete when the conspiratorial agree­ment is entered into; proof of an overt act in furtherance of the con­spir­a­cy is no longer re­quired. State v. Brewer, 12 Or App 105, 504 P2d 1067 (1973), aff'd 267 Or 346, 517 P2d 264 (1973)

Defendant could properly be convicted of con­spir­a­cy to commit theft of a dog notwithstanding that he was listed as "co-owner" on the dog's certificate filed solely to enable defendant to exhibit the dog at dog shows. State v. Harris, 21 Or App 174, 534 P2d 202 (1975), Sup Ct review denied

Convic­tion for con­spir­a­cy to commit crim­i­nal ac­tivity in drugs may be treated either as a Class B felony or a Class A misdemeanor. State v. Teters, 23 Or App 571, 543 P2d 302 (1975)

A defendant may be charged with both crim­i­nal ac­tivity in drugs and con­spir­a­cy to commit the same crime although only a single con­vic­­tion and sen­tence may be entered. State v. Teters, 23 Or App 571, 543 P2d 302 (1975)

Conspiracy to commit series of crimes constitutes single of­fense lasting from time of agree­ment through termina­tion. State v. Fancher, 27 Or App 91, 555 P2d 792 (1976), Sup Ct review denied

Accomplice testimony was sufficiently corroborated by other evidence connecting defendant to crime to sustain con­vic­­tion of con­spir­a­cy to mur­der. State v. Curran, 38 Or App 351, 590 P2d 268 (1979), Sup Ct review denied

On ap­peal, after defendant was convicted on remand from prior ap­peal, where initial agree­ment constituting con­spir­a­cy took place in Multnomah County and the ele­ments of the agree­ment were added in Washington County, venue to try defendant for con­spir­a­cy was proper in Washington County. State v. Mathie, 54 Or App 232, 634 P2d 799 (1981), Sup Ct review denied

Intended victims of con­spir­a­cy to commit particular crimes are included within meaning of "victims," in ORS 161.067 (Determining punishable offenses for violation of multiple statutory provisions, multiple victims or repeated violations), and trial court properly refused to merge nine con­spir­a­cy con­vic­­tions where there were nine intended victims. State v. Graves, 92 Or App 642, 759 P2d 1121 (1988)

Law Review Cita­tions

51 OLR 492, 595-603, 618 (1972)

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.