2017 ORS 161.485¹
Multiple convictions barred in inchoate crimes

(1) It is no defense to a prosecution under ORS 161.405 (“Attempt” described), 161.435 (Solicitation) or 161.450 (“Criminal conspiracy” described) that the offense the defendant either attempted to commit, solicited to commit or conspired to commit was actually committed pursuant to such attempt, solicitation or conspiracy.

(2) A person shall not be convicted of more than one offense defined by ORS 161.405 (“Attempt” described), 161.435 (Solicitation) and 161.450 (“Criminal conspiracy” described) for conduct designed to commit or to culminate in commission of the same crime.

(3) A person shall not be convicted on the basis of the same course of conduct of both the actual commission of an offense and an attempt to commit that offense or solicitation of that offense or conspiracy to commit that offense.

(4) Nothing in this section shall be construed to bar inclusion of multiple counts charging violation of the substantive crime and ORS 161.405 (“Attempt” described), 161.435 (Solicitation) and 161.450 (“Criminal conspiracy” described) in a single indictment or information, provided the penal conviction is consistent with subsections (2) and (3) of this section. [1971 c.743 §64]

Notes of Decisions

Absent evidence that defendant was at­tempting to offer to engage in sexual con­duct, defendant could not be guilty of at­tempt to commit prostitu­tion within meaning of ORS 167.007 (Prostitution), notwithstanding that she was walking in area of high vice ac­tivity and was seen talking to known prostitute. State v. Brown, 31 Or App 501, 570 P2d 1001 (1977)

Where defendant opposed state’s mo­tion to consolidate charges resulting from same con­duct he waived double jeopardy protec­tion, and the two findings of guilty were properly merged into one con­vic­­tion for sen­ten­cing. State v. Brissette, 31 Or App 1243, 572 P2d 1068 (1977)

Where evidence showed con­spir­a­cy it was not error to charge defendant with mur­der. State v. Farber, 59 Or App 725, 652 P2d 372 (1982), aff’d 295 Or 199, 666 P2d 821 (1983)

It was error to convict defendant of arson in the first de­gree and of con­spir­a­cy to commit the same arson. State v. Matt, 64 Or App 718, 669 P2d 840 (1983)

Convic­tions for con­spir­a­cy to deliver heroin and delivery of heroin should have been merged. State v. Mendosa, 97 Or App 263, 775 P2d 905 (1989)

Delivery charge and pos­ses­sion charge that are part of same transac­tion do not merge. State v. Sargent, 110 Or App 194, 822 P2d 726 (1991)

Convic­tion for at­tempt to commit greater of­fense does not merge with con­vic­­tion for com­mis­sion of lesser included of­fense arising out of same con­duct. State v. O’Hara, 152 Or App 765, 955 P2d 313 (1998), Sup Ct review denied

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

1 Legislative Counsel Committee, CHAPTER 161—General Provisions, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors161.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 161, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano161.­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.