Experienced Oregon Criminal and DUII Defense Lawyer

Author Archives: Hugh Duvall

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Probation Conditions – Eugene Oregon Criminal Defense Lawyer / Attorney

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Criminal Defense Lawyer

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The Duvall Law Office is based in Eugene, Oregon, and is experienced in representing individuals accused of felony and misdemeanor charges throughout, not only the Eugene / Springfield Oregon area, but the state of Oregon.

Many people convicted of a felony or misdemeanor in Eugene, Oregon are placed on probation, the law informing judges in Oregon courts regarding the conditions (or rules) of probation are set forth in ORS 137.540:

“(1) The court may sentence the defendant to probation subject to the following general conditions unless specifically deleted by the court. The probationer shall:

(a) Pay supervision fees, fines, restitution or other fees ordered by the court.

(b) Not use or possess controlled substances except pursuant to a medical prescription.

(c) Submit to testing for controlled substance or alcohol use if the probationer has a history of substance abuse or if there is a reasonable suspicion that the probationer has illegally used controlled substances.

(d) Submit to a risk and needs assessment as directed by the supervising officer;

(e) Participate in a substance abuse evaluation as directed by the supervising officer and follow the recommendations of the evaluator if there are reasonable grounds to believe there is a history of substance abuse.

(f) Remain in the State of Oregon until written permission to leave is granted by the Department of Corrections or a county community corrections agency.

(g) If physically able, find and maintain gainful full-time employment, approved schooling, or a full-time combination of both. Any waiver of this requirement must be based on a finding by the court stating the reasons for the waiver.

(h) Change neither employment nor residence without prior permission from the Department of Corrections or a county community corrections agency.

(i) Permit the parole and probation officer to visit the probationer or the probationers work site or residence and to conduct a walk-through of the common areas and of the rooms in the residence occupied by or under the control of the probationer.

(j) Consent to the search of person, vehicle or premises upon the request of a representative of the supervising officer if the supervising officer has reasonable grounds to believe that evidence of a violation will be found, and submit to fingerprinting or photographing, or both, when requested by the Department of Corrections or a county community corrections agency for supervision purposes.

(k) Obey all laws, municipal, county, state and federal.

(L) Promptly and truthfully answer all reasonable inquiries by the Department of Corrections or a county community corrections agency.

(m) Not possess weapons, firearms or dangerous animals.

(n) If recommended by the supervising officer, successfully complete a sex offender treatment program approved by the supervising officer and submit to polygraph examinations at the direction of the supervising officer if the probationer:

(A) Is under supervision for a sex offense under ORS 163.305 (Definitions) to 163.467 (Private indecency);

(B) Was previously convicted of a sex offense under ORS 163.305 (Definitions) to 163.467 (Private indecency); or

(C) Was previously convicted in another jurisdiction of an offense that would constitute a sex offense under ORS 163.305 (Definitions) to 163.467 (Private indecency) if committed in this state.

(o) Participate in a mental health evaluation as directed by the supervising officer and follow the recommendation of the evaluator.

(p) Report as required and abide by the direction of the supervising officer.

(q) If required to report as a sex offender under ORS 181.807 (Reporting by sex offender discharged, released or placed on probation by court or another United States jurisdiction), report with the Department of State Police, a city police department, a county sheriffs office or the supervising agency:

(A) When supervision begins;

(B) Within 10 days of a change in residence;

(C) Once each year within 10 days of the probationers date of birth;

(D) Within 10 days of the first day the person works at, carries on a vocation at or attends an institution of higher education; and

(E) Within 10 days of a change in work, vocation or attendance status at an institution of higher education.

(2) In addition to the general conditions, the court may impose any special conditions of probation that are reasonably related to the crime of conviction or the needs of the probationer for the protection of the public or reformation of the probationer, or both, including, but not limited to, that the probationer shall:

(a) For crimes committed prior to November 1, 1989, and misdemeanors committed on or after November 1, 1989, be confined to the county jail or be restricted to the probationers own residence or to the premises thereof, or be subject to any combination of such confinement and restriction, such confinement or restriction or combination thereof to be for a period not to exceed one year or one-half of the maximum period of confinement that could be imposed for the offense for which the defendant is convicted, whichever is the lesser.

(b) For felonies committed on or after November 1, 1989:

(A) Be confined in the county jail, or be subject to other custodial sanctions under community supervision, or both, as provided by rules of the Oregon Criminal Justice Commission; and

(B) Comply with any special conditions of probation that are imposed by the supervising officer in accordance with subsection (8) of this section.

(c) For crimes committed on or after December 5, 1996, sell any assets of the probationer as specifically ordered by the court in order to pay restitution.

(3) When a person who is a sex offender is released on probation, the court shall impose as a special condition of probation that the person not reside in any dwelling in which another sex offender who is on probation, parole or post-prison supervision resides, without the approval of the persons supervising parole and probation officer, or in which more than one other sex offender who is on probation, parole or post-prison supervision resides, without the approval of the director of the probation agency that is supervising the person or of the county manager of the Department of Corrections, or a designee of the director or manager. As soon as practicable, the supervising parole and probation officer of a person subject to the requirements of this subsection shall review the persons living arrangement with the persons sex offender treatment provider to ensure that the arrangement supports the goals of offender rehabilitation and community safety. As used in this subsection:

(a) Dwelling has the meaning given that term in ORS 469B.100 (Definitions for ORS 469B.100 to 469B.118).

(b) Dwelling does not include a residential treatment facility or a halfway house.

(c) Halfway house means a publicly or privately operated profit or nonprofit residential facility that provides rehabilitative care and treatment for sex offenders.

(d) Sex offender has the meaning given that term in ORS 181.805 (Definitions for 181.800 to 181.845).

(4)(a) If the person is released on probation following conviction of a sex crime, as defined in ORS 181.805 (Definitions for 181.800 to 181.845), or an assault, as defined in ORS 163.175 (Assault in the second degree) or 163.185 (Assault in the first degree), and the victim was under 18 years of age, the court, if requested by the victim, shall include as a special condition of the persons probation that the person not reside within three miles of the victim unless:

(A) The victim resides in a county having a population of less than 130,000 and the person is required to reside in that county;

(B) The person demonstrates to the court by a preponderance of the evidence that no mental intimidation or pressure was brought to bear during the commission of the crime;

(C) The person demonstrates to the court by a preponderance of the evidence that imposition of the condition will deprive the person of a residence that would be materially significant in aiding in the rehabilitation of the person or in the success of the probation; or

(D) The person resides in a halfway house. As used in this subparagraph, halfway house means a publicly or privately operated profit or nonprofit residential facility that provides rehabilitative care and treatment for sex offenders.

(b) A victim may request imposition of the special condition of probation described in this subsection at the time of sentencing in person or through the prosecuting attorney.

(c) If the court imposes the special condition of probation described in this subsection and if at any time during the period of probation the victim moves to within three miles of the probationers residence, the court may not require the probationer to change the probationers residence in order to comply with the special condition of probation.

(5) When a person who is a sex offender, as defined in ORS 181.805 (Definitions for 181.800 to 181.845), is released on probation, the Department of Corrections or the county community corrections agency, whichever is appropriate, shall notify the city police department, if the person is going to reside within a city, and the county sheriffs office of the county in which the person is going to reside of the persons release and the conditions of the persons release.

(6) Failure to abide by all general and special conditions of probation may result in arrest, modification of conditions, revocation of probation or imposition of structured, intermediate sanctions in accordance with rules adopted under ORS 137.595 (Establishing system of sanctions).

(7) The court may order that probation be supervised by the court. If the court orders that probation be supervised by the court, the defendant shall pay a fee of $100 to the court. Fees imposed under this subsection in the circuit court shall be deposited by the clerk of the court in the General Fund. Fees imposed in a justice court under this subsection shall be paid to the county treasurer. Fees imposed in a municipal court under this subsection shall be paid to the city treasurer.

(8)(a) The court may at any time modify the conditions of probation.

(b) When the court orders a defendant placed under the supervision of the Department of Corrections or a community corrections agency, the supervising officer may file with the court a proposed modification to the special conditions of probation. The supervising officer shall provide a copy of the proposed modification to the district attorney and the probationer. If the district attorney:

(A) Files an objection to the proposed modification less than five judicial days after the proposed modification was filed, the court shall schedule a hearing no later than 10 judicial days after the proposed modification was filed, unless the court finds good cause to schedule a hearing at a later time.

(B) Does not file an objection to the proposed modification less than five judicial days after the proposed modification was filed, the proposed modification becomes effective five judicial days after the proposed modification was filed.

(9) A court may not order revocation of probation as a result of the probationers failure to pay restitution unless the court determines from the totality of the circumstances that the purposes of the probation are not being served.

(10) It is not a cause for revocation of probation that the probationer failed to apply for or accept employment at any workplace where there is a labor dispute in progress. As used in this subsection, labor dispute has the meaning for that term provided in ORS 662.010 (Definitions for ORS 662.010 to 662.130).

(11) If the court determines that a defendant has violated the terms of probation, the court shall collect a $25 fee from the defendant. The fee becomes part of the judgment and may be collected in the same manner as a fine. Fees collected under this subsection in the circuit court shall be deposited by the clerk of the court in the General Fund. Fees collected in a justice court under this subsection shall be paid to the county treasurer. Fees collected in a municipal court under this subsection shall be paid to the city treasurer.

(12) As used in this section, attends, institution of higher education, works and carries on a vocation have the meanings given those terms in ORS 181.805 (Definitions for 181.800 to 181.845).”

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Motive – Criminal Defendant Has No Burden to Prove Motive – Says Eugene Oregon Criminal Defense Lawyer / Attorney

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with an experienced Criminal Defense Lawyer

in Eugene, Oregon

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Sometimes someone falsely accuses a person of a horrible (fill in the blank – sex crime, sexual assault, domestic abuse, child abuse) for no apparrent reason.  It’s important to remember two things:

1. There are crazy people in this world that do not appear crazy.  Consider the German pilot that decided to kill 150 people for no apparent reason.

And,

2. The defense never has to prove anything – including motive.

The Oregon Uniform Criminal Jury Instruction on the burden of proof standard in a criminal case is set forth as follows:

“INNOCENCE OF DEFENDANT—

PROOF BEYOND A REASONABLE DOUBT

 

“The defendant is innocent unless and until the defendant is proven guilty beyond a reasonable doubt. The burden is on the state, and the state alone, to prove the guilt of the defendant beyond a reasonable doubt.

“Reasonable doubt is doubt based on common sense and reason. Reasonable doubt is not an imaginary doubt. Reasonable doubt means an honest uncertainty as to the guilt of the defendant. You must return a verdict of not guilty if, after careful and impartial consideration of all the evidence in the case, you are not convinced A/B that the defendant is guilty.

 

____________________

“A beyond a reasonable doubt

“B to a moral certainty”

This is the highest standard of proof we use in the law.

While a lack of motive for someone to falsely accuse another is troubling, the defense as no duty, obligation or burden to establish while an accuser is lying.

Call the Duvall Law Office to schedule an appointment.  Just because you are not required to prove a motive, doesn’t mean that we won’t look hard to try to discovery the motive of a witness or alleged victim who is falsely accusing one of our clients.

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with an experienced Criminal Defense Lawyer

in Eugene, Oregon

541.345.4500

 

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Eugene Oregon Criminal Defense Lawyer / Attorney

Eugene, Oregon Criminal Defense Lawyer

Call Now for an Appointment

541.345.4500

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The Duvall Law Office is based in Eugene Oregon, and handles criminal cases throughout the state.  If you are seeking an experienced criminal defense lawyer to represent you on any charge ranging from an Oregon Measure 11 offense, to a domestic abuse or child abuse charge, to driving under the influence of intoxicants (aka DUII, DUI, DWI or drunk driving), call us to schedule an appointment.  We are well-versed in the Oregon criminal system, which is largely governed by the Oregon Criminal Code, the application of which is explained in ORS 161.035:

Application of Criminal Code

“(1) Chapter 743, Oregon Laws 1971, shall govern the construction of and punishment for any offense defined in chapter 743, Oregon Laws 1971, and committed after January 1, 1972, as well as the construction and application of any defense to a prosecution for such an offense.

(2) Except as otherwise expressly provided, or unless the context requires otherwise, the provisions of chapter 743, Oregon Laws 1971, shall govern the construction of and punishment for any offense defined outside chapter 743, Oregon Laws 1971, and committed after January 1, 1972, as well as the construction and application of any defense to a prosecution for such an offense.

(3) Chapter 743, Oregon Laws 1971, shall not apply to or govern the construction of and punishment for any offense committed before January 1, 1972, or the construction and application of any defense to a prosecution for such an offense. Such an offense shall be construed and punished according to the law existing at the time of the commission of the offense in the same manner as if chapter 743, Oregon Laws 1971, had not been enacted.

(4) When all or part of a criminal statute is amended or repealed, the criminal statute or part thereof so amended or repealed remains in force for the purpose of authorizing the accusation, prosecution, conviction and punishment of a person who violated the statute or part thereof before the effective date of the amending or repealing Act.”

If you are seeking an experienced Eugene, Oregon criminal defense lawyer, call now:

541.345.4500

 

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Oregon Statute of Limitations / Limitation Eugene Oregon Criminal Defense Lawyer / Attorney

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Oregon Statute of Limitations

The Oregon Criminal Code sets out deadlines by which Oregon criminal charges must be filed.  The Duvall Law Office, based in Eugene, Oregon, is experienced in criminal defense, an important part of which is calculating Oregon statute of limitations or limitation.  The primary Oregon law setting forth Oregon Statute of Limitations or Limitation is as follows:

“ORS 131.125

Time limitations

(1) A prosecution for aggravated murder, murder, attempted murder or aggravated murder, conspiracy or solicitation to commit aggravated murder or murder or any degree of manslaughter may be commenced at any time after the commission of the attempt, conspiracy or solicitation to commit aggravated murder or murder, or the death of the person killed.

(2) A prosecution for any of the following felonies may be commenced within six years after the commission of the crime or, if the victim at the time of the crime was under 18 years of age, anytime before the victim attains 30 years of age or within 12 years after the offense is reported to a law enforcement agency or the Department of Human Services, whichever occurs first:

(a) Strangulation under ORS 163.187 (Strangulation) (4).

(b) Criminal mistreatment in the first degree under ORS 163.205 (Criminal mistreatment in the first degree).

(c) Rape in the third degree under ORS 163.355 (Rape in the third degree).

(d) Rape in the second degree under ORS 163.365 (Rape in the second degree).

(e) Rape in the first degree under ORS 163.375 (Rape in the first degree).

(f) Sodomy in the third degree under ORS 163.385 (Sodomy in the third degree).

(g) Sodomy in the second degree under ORS 163.395 (Sodomy in the second degree).

(h) Sodomy in the first degree under ORS 163.405 (Sodomy in the first degree).

(i) Unlawful sexual penetration in the second degree under ORS 163.408 (Unlawful sexual penetration in the second degree).

(j) Unlawful sexual penetration in the first degree under ORS 163.411 (Unlawful sexual penetration in the first degree).

(k) Sexual abuse in the second degree under ORS 163.425 (Sexual abuse in the second degree).

(L) Sexual abuse in the first degree under ORS 163.427 (Sexual abuse in the first degree).

(m) Using a child in a display of sexual conduct under ORS 163.670 (Using child in display of sexually explicit conduct).

(n) Encouraging child sexual abuse in the first degree under ORS 163.684 (Encouraging child sexual abuse in the first degree).

(o) Incest under ORS 163.525 (Incest).

(p) Promoting prostitution under ORS 167.012 (Promoting prostitution).

(q) Compelling prostitution under ORS 167.017 (Compelling prostitution).

(r) Luring a minor under ORS 167.057 (Luring a minor).

(3) A prosecution for any of the following misdemeanors may be commenced within four years after the commission of the crime or, if the victim at the time of the crime was under 18 years of age, anytime before the victim attains 22 years of age or within four years after the offense is reported to a law enforcement agency or the Department of Human Services, whichever occurs first:

(a) Strangulation under ORS 163.187 (Strangulation) (3).

(b) Sexual abuse in the third degree under ORS 163.415 (Sexual abuse in the third degree).

(c) Exhibiting an obscene performance to a minor under ORS 167.075 (Exhibiting an obscene performance to a minor).

(d) Displaying obscene materials to minors under ORS 167.080 (Displaying obscene materials to minors).

(4) In the case of crimes described in subsection (2)(m) of this section, the victim is the child engaged in sexual conduct. In the case of the crime described in subsection (2)(o) of this section, the victim is the party to the incest other than the party being prosecuted. In the case of crimes described in subsection (2)(p) and (q) of this section, the victim is the child whose acts of prostitution are promoted or compelled.

(5) A prosecution for arson in any degree may be commenced within six years after the commission of the crime.

(6) A prosecution for any of the following felonies may be commenced within six years after the commission of the crime if the victim at the time of the crime was 65 years of age or older:

(a) Theft in the first degree under ORS 164.055 (Theft in the first degree).

(b) Aggravated theft in the first degree under ORS 164.057 (Aggravated theft in the first degree).

(c) Theft by extortion under ORS 164.075 (Theft by extortion).

(d) Robbery in the third degree under ORS 164.395 (Robbery in the third degree).

(e) Robbery in the second degree under ORS 164.405 (Robbery in the second degree).

(f) Robbery in the first degree under ORS 164.415 (Robbery in the first degree).

(g) Forgery in the first degree under ORS 165.013 (Forgery in the first degree).

(h) Fraudulent use of a credit card under ORS 165.055 (Fraudulent use of a credit card) (4)(b).

(i) Identity theft under ORS 165.800 (Identity theft).

(7) Except as provided in subsection (8) of this section or as otherwise expressly provided by law, prosecutions for other offenses must be commenced within the following periods of limitations after their commission:

(a) For any other felony, three years.

(b) For any misdemeanor, two years.

(c) For a violation, six months.

(8) If the period prescribed in subsection (7) of this section has expired, a prosecution nevertheless may be commenced as follows:

(a) If the offense has as a material element either fraud or the breach of a fiduciary obligation, prosecution may be commenced within one year after discovery of the offense by an aggrieved party or by a person who has a legal duty to represent an aggrieved party and who is not a party to the offense, but in no case shall the period of limitation otherwise applicable be extended by more than three years;

(b) If the offense is based upon misconduct in office by a public officer or employee, prosecution may be commenced at any time while the defendant is in public office or employment or within two years thereafter, but in no case shall the period of limitation otherwise applicable be extended by more than three years; or

(c) If the offense is an invasion of personal privacy under ORS 163.700 (Invasion of personal privacy), prosecution may be commenced within one year after discovery of the offense by the person aggrieved by the offense, by a person who has a legal duty to represent the person aggrieved by the offense or by a law enforcement agency, but in no case shall the period of limitation otherwise applicable be extended by more than three years.

(9) Notwithstanding subsection (2) of this section, if the defendant is identified after the period described in subsection (2) of this section on the basis of DNA (deoxyribonucleic acid) sample comparisons, a prosecution for:

(a) Rape in the first degree, sodomy in the first degree, unlawful sexual penetration in the first degree or sexual abuse in the first degree may be commenced at any time after the commission of the crime.

(b) Rape in the second degree, sodomy in the second degree or unlawful sexual penetration in the second degree may be commenced within 25 years after the commission of the crime.

(10) Notwithstanding subsection (9) of this section, if a prosecution for a felony listed in subsection (9) of this section would otherwise be barred by subsection (2) of this section, the prosecution must be commenced within two years of the DNA-based identification of the defendant.”

If you would like to speak to an experienced Eugene, Oregon criminal defense lawyer / attorney about Oregon statute of limitations / limitation, call the Duvall Law Office now for an appointment:

541.345.45000

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DUII Diversion Lawyer in Eugene Oregon / Attorney Experienced in Drunk Driving Criminal Defense

DUII Diversion Lawyer in

Eugene Oregon

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If you are interested in Oregon’s DUII diversion program, and would like to discuss your options with an experienced Driving Under the Influence of Intoxicants (aka DUII, DUI, Drunk Driving) attorney, the Duvall Law office is ready to assist you in navigating Oregon’s DUII diversion eligibility requirements.  The DUII diversion program is an alterative to taking your DUI case to trial, and successful completion of the Oregon’s DUII diversion program results in a dismissal of the criminal charge.  The Oregon law explaining eligibility to enter the DUII diversion program is set forth as follows:
ORS 813.215
Eligibility for diversion

“(1) A defendant is eligible for diversion if the defendant meets all of the following conditions:

(a) On the date the defendant filed the petition for a driving while under the influence of intoxicants diversion agreement, the defendant had no charge, other than the charge for the present offense, pending for:

(A) An offense of driving while under the influence of intoxicants in violation of:

(i) ORS 813.010 (Driving under the influence of intoxicants); or

(ii) The statutory counterpart to ORS 813.010 (Driving under the influence of intoxicants) in another jurisdiction;

(B) A driving under the influence of intoxicants offense in another jurisdiction that involved the impaired driving of a vehicle due to the use of intoxicating liquor, a controlled substance, an inhalant or any combination thereof; or

(C) A driving offense in another jurisdiction that involved operating a vehicle while having a blood alcohol content above that jurisdictions permissible blood alcohol content.

(b) The defendant has not been convicted of an offense described in paragraph (a) of this subsection within the period beginning 15 years before the date of the commission of the present offense and ending on the date the defendant filed the petition for a driving while under the influence of intoxicants diversion agreement.

(c) The defendant has not been convicted of a felony offense described in ORS 813.010 (Driving under the influence of intoxicants) (5)(a).

(d) The defendant was not participating in a driving while under the influence of intoxicants diversion program or in any similar alcohol or drug rehabilitation program in this state or in another jurisdiction on the date the defendant filed the petition for a driving while under the influence of intoxicants diversion agreement. A defendant is not ineligible for diversion under this paragraph by reason of participation in a diversion program or any similar alcohol or drug rehabilitation program as a result of the charge for the present offense, a charge for violation of ORS 471.430 (Purchase or possession of alcoholic beverages by person under 21) or a charge for violation of ORS 475.864 (Unlawful possession of marijuana or marijuana product) (3).

(e) The defendant did not participate in a diversion or rehabilitation program described in paragraph (d) of this subsection within the period beginning 15 years before the date of the commission of the present offense and ending on the date the defendant filed the petition for a driving while under the influence of intoxicants diversion agreement. A defendant is not ineligible for diversion under this paragraph by reason of participation in a diversion program or rehabilitation program described in paragraph (d) of this subsection as a result of the charge for the present offense, a charge for violation of ORS 471.430 (Purchase or possession of alcoholic beverages by person under 21) or a charge for violation of ORS 475.864 (Unlawful possession of marijuana or marijuana product) (3).

(f) The defendant had no charge of an offense of aggravated vehicular homicide or of murder, manslaughter, criminally negligent homicide or assault that resulted from the operation of a motor vehicle pending in this state or in another jurisdiction on the date the defendant filed the petition for a driving while under the influence of intoxicants diversion agreement.

(g) The defendant has not been convicted of an offense described in paragraph (f) of this subsection within the period beginning 15 years before the date of the commission of the present offense and ending on the date the defendant filed the petition for a driving while under the influence of intoxicants diversion agreement.

(h) The defendant did not hold a commercial driver license on the date of the commission of the offense.

(i) The defendant was not operating a commercial motor vehicle at the time of the offense.

(j) The present driving while under the influence of intoxicants offense did not involve an accident resulting in:

(A) Death of any person; or

(B) Physical injury as defined in ORS 161.015 (General definitions) to any person other than the defendant.

(2) For the purposes of subsection (1)(a) of this section, a conviction for a driving offense in another jurisdiction based solely on a person under 21 years of age having a blood alcohol content that is lower than the permissible blood alcohol content in that jurisdiction for a person 21 years of age or older does not constitute a prior conviction.

(3) A defendant is eligible for a second or subsequent diversion if the defendant meets all of the conditions of subsection (1) of this section and the defendant has not been convicted of any other criminal offense involving a motor vehicle within the period beginning 15 years before the date of the commission of the present offense and ending on the date the defendant filed the petition for the second or subsequent driving while under the influence of intoxicants diversion agreement. [1987 c.441 §3; 1997 c.749 §5; 1999 c.445 §1; 1999 c.1051 §295; 2005 c.649 §29; 2007 c.122 §11; 2007 c.867 §14; 2007 c.879 §10; 2009 c.515 §1; 2013 c.134 §1]

 

Note: The amendments to 813.215 (Eligibility for diversion) by section 28, chapter 237, Oregon Laws 2013, become operative July 8, 2015. See section 50, chapter 237, Oregon Laws 2013. The text that is operative on and after July 8, 2015, is set forth for the users convenience.

813.215 (Eligibility for diversion). (1) A defendant is eligible for diversion if the defendant meets all of the following conditions:

(a) On the date the defendant filed the petition for a driving while under the influence of intoxicants diversion agreement, the defendant had no charge, other than the charge for the present offense, pending for:

(A) An offense of driving while under the influence of intoxicants in violation of:

(i) ORS 813.010 (Driving under the influence of intoxicants); or

(ii) The statutory counterpart to ORS 813.010 (Driving under the influence of intoxicants) in another jurisdiction;

(B) A driving under the influence of intoxicants offense in another jurisdiction that involved the impaired driving of a vehicle due to the use of intoxicating liquor, a controlled substance, an inhalant or any combination thereof; or

(C) A driving offense in another jurisdiction that involved operating a vehicle while having a blood alcohol content above that jurisdictions permissible blood alcohol content.

(b) The defendant has not been convicted of an offense described in paragraph (a) of this subsection within the period beginning 15 years before the date of the commission of the present offense and ending on the date the defendant filed the petition for a driving while under the influence of intoxicants diversion agreement.

(c) The defendant has not been convicted of a felony offense described in ORS 813.010 (Driving under the influence of intoxicants) (5)(a).

(d) The defendant was not participating in a driving while under the influence of intoxicants diversion program or in any similar alcohol or drug rehabilitation program in this state or in another jurisdiction on the date the defendant filed the petition for a driving while under the influence of intoxicants diversion agreement. A defendant is not ineligible for diversion under this paragraph by reason of participation in a diversion program or any similar alcohol or drug rehabilitation program as a result of the charge for the present offense, a charge for violation of ORS 471.430 (Purchase or possession of alcoholic beverages by person under 21) or a charge for violation of ORS 475.864 (Unlawful possession of marijuana or marijuana product) (3).

(e) The defendant did not participate in a diversion or rehabilitation program described in paragraph (d) of this subsection within the period beginning 15 years before the date of the commission of the present offense and ending on the date the defendant filed the petition for a driving while under the influence of intoxicants diversion agreement. A defendant is not ineligible for diversion under this paragraph by reason of participation in a diversion program or rehabilitation program described in paragraph (d) of this subsection as a result of the charge for the present offense, a charge for violation of ORS 471.430 (Purchase or possession of alcoholic beverages by person under 21) or a charge for violation of ORS 475.864 (Unlawful possession of marijuana or marijuana product) (3).

(f) The defendant had no charge of an offense of aggravated vehicular homicide or of murder, manslaughter, criminally negligent homicide or assault that resulted from the operation of a motor vehicle pending in this state or in another jurisdiction on the date the defendant filed the petition for a driving while under the influence of intoxicants diversion agreement.

(g) The defendant has not been convicted of an offense described in paragraph (f) of this subsection within the period beginning 15 years before the date of the commission of the present offense and ending on the date the defendant filed the petition for a driving while under the influence of intoxicants diversion agreement.

(h) The defendant did not hold commercial driving privileges on the date of the commission of the offense.

(i) The defendant was not operating a commercial motor vehicle at the time of the offense.

(j) The present driving while under the influence of intoxicants offense did not involve an accident resulting in:

(A) Death of any person; or

(B) Physical injury as defined in ORS 161.015 (General definitions) to any person other than the defendant.

(2) For the purposes of subsection (1)(a) of this section, a conviction for a driving offense in another jurisdiction based solely on a person under 21 years of age having a blood alcohol content that is lower than the permissible blood alcohol content in that jurisdiction for a person 21 years of age or older does not constitute a prior conviction.

(3) A defendant is eligible for a second or subsequent diversion if the defendant meets all of the conditions of subsection (1) of this section and the defendant has not been convicted of any other criminal offense involving a motor vehicle within the period beginning 15 years before the date of the commission of the present offense and ending on the date the defendant filed the petition for the second or subsequent driving while under the influence of intoxicants diversion agreement.”

The Duvall Law Office is based in Eugene, Oregon, and regularly represents those charged with criminal offenses from Oregon’s Measure 11 offenses, to domestice violence, to Driving Under the Influence of Intoxicants (aka DUII, DUI, Drunk Driving), and shoplifting, throughout the Eugene / Springfield, Oregon area.

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Driving Under the Influence of Intoxicants Diversion Lawyer / Attorney in Eugene, Oregon

Eugene, Oregon DUI Diversion

Driving Under the Influence of Intoxicants Diversion Lawyer / Attorney in Eugene, Oregon

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People accused of Driving Under the Influence of Intoxicants in Eugene, Oregon may be eligible for Oregon’s Driving Under the Influence of Intoxicants (aka DUII, DUI or Drunk Driving) diversion program.  The Duvall Law Office regularly assists those accused of DUI evaluate whether they qualify for this program and whether it is the right choice for them.  Most people who are eligible for Oregon’s DUII diversion program are wise to take advantage of this Oregon law which allows them to get their DUII charge dismissed.  The Oregon Driving Under the Influence of Intoxicants law explaining the program is set forth as follows:

ORS 813.200

“Notice of availability of diversion
  • • petition
  • • form
  • • contents

(1) The court shall inform at arraignment a defendant charged with the offense of driving while under the influence of intoxicants as defined in ORS 813.010 (Driving under the influence of intoxicants) or a city ordinance conforming thereto that a diversion agreement may be available if the defendant meets the criteria set out in ORS 813.215 (Eligibility for diversion) and files with the court a petition for a driving while under the influence of intoxicants diversion agreement.

(2) The petition forms for a driving while under the influence of intoxicants diversion agreement shall be available to a defendant at the court.

(3) The form of the petition for a driving while under the influence of intoxicants diversion agreement and the information and blanks contained therein shall be determined by the Supreme Court under ORS 1.525 (Uniform citation and petition forms for certain offenses). The petition forms made available to a defendant by any city or state court shall conform to the requirements adopted by the Supreme Court.

(4) In addition to any other information required by the Supreme Court to be contained in a petition for a driving while under the influence of intoxicants diversion agreement, the petition shall include:

(a) A plea of guilty or no contest to the charge of driving while under the influence of intoxicants signed by the defendant;

(b) An agreement by the defendant to complete at an agency or organization designated by the city or state court a diagnostic assessment to determine the possible existence and degree of an alcohol or drug abuse problem;

(c) An agreement by the defendant to complete, at defendants own expense based on defendants ability to pay, the program of treatment indicated as necessary by the diagnostic assessment;

(d) Except as provided in subsection (5) of this section, an agreement by the defendant to not use intoxicants during the diversion period and to comply fully with the laws of this state designed to discourage the use of intoxicants;

(e) A notice to the defendant that the diversion agreement will be considered to be violated if the court receives notice that the defendant at any time during the diversion period committed the offense of driving while under the influence of intoxicants or committed a violation of ORS 811.170 (Violation of open container law);

(f) An agreement by the defendant to keep the court advised of the defendants current mailing address at all times during the diversion period;

(g) A waiver by the defendant of any former jeopardy rights under the federal and state Constitutions and ORS 131.505 (Definitions for ORS 131.505 to 131.525) to 131.525 (Previous prosecution) in any subsequent action upon the charge or any other offenses based upon the same criminal episode;

(h) A sworn statement, as defined in ORS 162.055 (Definitions for ORS 162.055 to 162.425), by the defendant certifying that the defendant meets the criteria set out in ORS 813.215 (Eligibility for diversion) to be eligible to enter into the driving while under the influence of intoxicants diversion agreement;

(i) An agreement by the defendant to pay court-appointed attorney fees as determined by the court; and

(j) An agreement by the defendant to pay restitution if ordered by the court under ORS 137.108 (Restitution when defendant has entered into diversion agreement).

(5) A person may use intoxicants during the diversion period if:

(a) The person consumes sacramental wine given or provided as part of a religious rite or service;

(b) The person has a valid prescription for a substance and the person takes the substance as directed; or

(c) The person is using a nonprescription drug, as defined in ORS 689.005 (Definitions), in accordance with the directions for use that are printed on the label for that nonprescription drug.”

If you would like to discuss your Oregon driving under the influence of intoxicants (aka DUII, DUI or drunk driving) case with an experienced DUI attorney, call the Duvall Law Office.  We are based in Eugene, Oregon, and regularly represent those in courts in and around the Eugene, Oregon area on driving under the influence of intoxicants (aka DUII, DUI or drunk driving) diverison programs.

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Criminal Defense Lawyer in Eugene Oregon / Experienced Criminal Attorney

Criminal Defense Lawyer in Eugene, Oregon

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If you are seeking a Criminal Defense Lawyer in Eugene, Oregon, call the Duvall Law Office to schedule an appointment.  We are based in Eugene, Oregon, but represent individuals with criminal cases not only in Eugene and Springfield, but throughout the state.  We regularly represent those charged with all offenses from Oregon’s Measure 11 felony offenses with their significant mandatory prison terms, to the misdemeanor of Driving Under the Influence of Intoxicants.

The primary Oregon Measure 11 statute is set forth here:

ORS 137.700

Offenses requiring imposition of mandatory minimum sentences

“(1) Notwithstanding ORS 161.605 (Maximum prison terms for felonies), when a person is convicted of one of the offenses listed in subsection (2)(a) of this section and the offense was committed on or after April 1, 1995, or of one of the offenses listed in subsection (2)(b) of this section and the offense was committed on or after October 4, 1997, or of the offense described in subsection (2)(c) of this section and the offense was committed on or after January 1, 2008, the court shall impose, and the person shall serve, at least the entire term of imprisonment listed in subsection (2) of this section. The person is not, during the service of the term of imprisonment, eligible for release on post-prison supervision or any form of temporary leave from custody. The person is not eligible for any reduction in, or based on, the minimum sentence for any reason whatsoever under ORS 421.121 (Reduction in term of incarceration) or any other statute. The court may impose a greater sentence if otherwise permitted by law, but may not impose a lower sentence than the sentence specified in subsection (2) of this section.

(2) The offenses to which subsection (1) of this section applies and the applicable mandatory minimum sentences are:

______________________________________________________________________________

 

(a)(A) Murder, as defined in

ORS 163.115 (Murder). 300 months

(B) Attempt or conspiracy

to commit aggravated

murder, as defined

in ORS 163.095 (Aggravated murder defined). 120 months

(C) Attempt or conspiracy

to commit murder, as

defined in ORS 163.115 (Murder). 90 months

(D) Manslaughter in the

first degree, as defined

in ORS 163.118 (Manslaughter in the first degree). 120 months

(E) Manslaughter in the

second degree, as defined

in ORS 163.125 (Manslaughter in the second degree). 75 months

(F) Assault in the first

degree, as defined in

ORS 163.185 (Assault in the first degree). 90 months

(G) Assault in the second

degree, as defined in

ORS 163.175 (Assault in the second degree). 70 months

(H) Except as provided in

paragraph (b)(G) of

this subsection,

kidnapping in the first

degree, as defined

in ORS 163.235 (Kidnapping in the first degree). 90 months

(I) Kidnapping in the second

degree, as defined in

ORS 163.225 (Kidnapping in the second degree). 70 months

(J) Rape in the first degree,

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

(1)(a), (c) or (d). 100 months

(K) Rape in the second degree,

as defined in ORS 163.365 (Rape in the second degree). 75 months

(L) Sodomy in the first degree,

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

(1)(a), (c) or (d). 100 months

(M) Sodomy in the second

degree, as defined in

ORS 163.395 (Sodomy in the second degree). 75 months

(N) Unlawful sexual penetration

in the first degree, as

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

(1)(a) or (c). 100 months

(O) Unlawful sexual penetration

in the second degree, as

defined in ORS 163.408 (Unlawful sexual penetration in the second degree). 75 months

(P) Sexual abuse in the first

degree, as defined in

ORS 163.427 (Sexual abuse in the first degree). 75 months

(Q) Robbery in the first degree,

as defined in ORS 164.415 (Robbery in the first degree). 90 months

(R) Robbery in the second

degree, as defined in

ORS 164.405 (Robbery in the second degree). 70 months

(b)(A) Arson in the first degree,

as defined in ORS 164.325 (Arson in the first degree),

when the offense represented

a threat of serious

physical injury. 90 months

(B) Using a child in a display

of sexually explicit

conduct, as defined in

ORS 163.670 (Using child in display of sexually explicit conduct). 70 months

(C) Compelling prostitution,

as defined in ORS 167.017 (Compelling prostitution). 70 months

(D) Rape in the first degree,

as defined in

ORS 163.375 (Rape in the first degree) (1)(b). 300 months

(E) Sodomy in the first degree,

as defined in

ORS 163.405 (Sodomy in the first degree) (1)(b). 300 months

(F) Unlawful sexual penetration

in the first degree, as

defined in

ORS 163.411 (Unlawful sexual penetration in the first degree) (1)(b). 300 months

(G) Kidnapping in the first

degree, as defined in

ORS 163.235 (Kidnapping in the first degree), when the

offense is committed in

furtherance of the commission

or attempted commission of an

offense listed in subparagraph

(D), (E) or (F) of

this paragraph. 300 months

(c) Aggravated vehicular

homicide, as defined in

ORS 163.149 (Aggravated vehicular homicide). 240 months”

Oregon’s primary Driving Under the Influence of Intoxicants law (aka DUI, DUII or drunk driving) is set forth here:

ORS 813.010

Driving under the influence of intoxicants
  • • penalty

(1) A person commits the offense of driving while under the influence of intoxicants if the person drives a vehicle while the person:

(a) Has 0.08 percent or more by weight of alcohol in the blood of the person as shown by chemical analysis of the breath or blood of the person made under ORS 813.100 (Implied consent to breath or blood test), 813.140 (Chemical test with consent) or 813.150 (Chemical test at request of arrested person);

(b) Is under the influence of intoxicating liquor, a controlled substance or an inhalant; or

(c) Is under the influence of any combination of intoxicating liquor, an inhalant and a controlled substance.

(2) A person may not be convicted of driving while under the influence of intoxicants on the basis of being under the influence of a controlled substance or an inhalant unless the fact that the person was under the influence of a controlled substance or an inhalant is pleaded in the accusatory instrument and is either proved at trial or is admitted by the person through a guilty plea.

(3) A person convicted of the offense described in this section is subject to ORS 813.020 (Fee to be paid on conviction) in addition to this section.

(4) Except as provided in subsection (5) of this section, the offense described in this section, driving while under the influence of intoxicants, is a Class A misdemeanor and is applicable upon any premises open to the public.

(5)(a) Driving while under the influence of intoxicants is a Class C felony if the current offense was committed in a motor vehicle and the person has, at least three times in the 10 years prior to the date of the current offense, been convicted of, or been found to be within the jurisdiction of the juvenile court for an act that if committed by an adult would be, any of the following offenses in any combination:

(A) Driving while under the influence of intoxicants in violation of:

(i) This section; or

(ii) The statutory counterpart to this section in another jurisdiction.

(B) A driving under the influence of intoxicants offense in another jurisdiction that involved the impaired driving or operation of a vehicle, an aircraft or a boat due to the use of intoxicating liquor, a controlled substance, an inhalant or any combination thereof.

(C) A driving offense in another jurisdiction that involved operating a vehicle, an aircraft or a boat while having a blood alcohol content above that jurisdictions permissible blood alcohol content.

(b) For the purposes of paragraph (a) of this subsection, a conviction or adjudication for a driving offense in another jurisdiction based solely on a person under 21 years of age having a blood alcohol content that is lower than the permissible blood alcohol content in that jurisdiction for a person 21 years of age or older does not constitute a prior conviction or adjudication.

(6) In addition to any other sentence that may be imposed, the court shall impose one or more of the following fines on a person convicted of driving while under the influence of intoxicants as follows:

(a) For a persons first conviction, a minimum of $1,000.

(b) For a persons second conviction, a minimum of $1,500.

(c) For a persons third or subsequent conviction, a minimum of $2,000 if the person is not sentenced to a term of imprisonment.

(d) For a person who drives a vehicle while the person has 0.15 percent or more by weight of alcohol in the blood of the person as shown by chemical analysis of the breath or blood of the person made under ORS 813.100 (Implied consent to breath or blood test), 813.140 (Chemical test with consent) or 813.150 (Chemical test at request of arrested person), a minimum of $2,000.

(7) Notwithstanding ORS 161.635 (Fines for misdemeanors), $10,000 is the maximum fine that a court may impose on a person convicted of driving while under the influence of intoxicants if:

(a) The current offense was committed in a motor vehicle; and

(b) There was a passenger in the motor vehicle who was under 18 years of age and was at least three years younger than the person driving the motor vehicle.

Please call the Duvall Law Office if you are seeking an experienced Criminal Defense Lawyer in Eugene, Oregon, regardless of whether the charge you face is a Measure 11 offense felony, a Driving Under the Influence of Intoxicants law (aka DUI, DUII or drunk driving), or any felony or misdeanor.

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Eugene Oregon Stalking Restraining Order Lawyer / Attorney – Civil and Criminal

 

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Eugene, Oregon Stalking Lawyer / Attorney

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Oregon law provides for three kinds of restraining orders.  One of these Oregon restraining orders is a civil Stalking Protective Order which is obtained by filing a Stalking Order Petition.  The most common Stalking Protective Order filed in Eugene, Oregon, is filed Under ORS 30.866.  An Oregon Stalking Protective Order is of unlimited duration, and can limit one’s freedom for the remainder of one’s life.   The Duvall Law Office, based in Eugene, Oregon, defends those who are wrongfully accused of stalking. Our approach is aggressive.  The Oregon Stalking Order mentioned above as the most frequently sought in Eugene, Oregon, an Oregon Stalking Protective Order under the following Oregon Revised Statute:

ORS30.866

“Action for issuance or violation of stalking protective order
  • • attorney fees

(1) A person may bring a civil action in a circuit court for a courts stalking protective order or for damages, or both, against a person if:

(a) The person intentionally, knowingly or recklessly engages in repeated and unwanted contact with the other person or a member of that persons immediate family or household thereby alarming or coercing the other person;

(b) It is objectively reasonable for a person in the victims situation to have been alarmed or coerced by the contact; and

(c) The repeated and unwanted contact causes the victim reasonable apprehension regarding the personal safety of the victim or a member of the victims immediate family or household.

(2) At the time the petition is filed, the court, upon a finding of probable cause based on the allegations in the petition, shall enter a temporary courts stalking protective order that may include, but is not limited to, all contact listed in ORS 163.730 (Definitions for ORS 30.866 and 163.730 to 163.750). The petition and the temporary order shall be served upon the respondent with an order requiring the respondent to personally appear before the court to show cause why the temporary order should not be continued for an indefinite period.

(3)(a) At the hearing, whether or not the respondent appears, the court may continue the hearing for up to 30 days or may proceed to enter a courts stalking protective order and take other action as provided in ORS 163.738 (Effect of citation).

(b) If respondent fails to appear after being served as required by subsection (2) of this section, the court may issue a warrant of arrest as provided in ORS 133.110 (Issuance) in order to ensure the appearance of the respondent in court.

(4) The plaintiff may recover:

(a) Both special and general damages, including damages for emotional distress;

(b) Punitive damages; and

(c) Reasonable attorney fees and costs.

(5) The court may enter an order under this section against a minor respondent without appointment of a guardian ad litem.

(6) An action under this section must be commenced within two years of the conduct giving rise to the claim.

(7) Proof of the claim shall be by a preponderance of the evidence.

(8) The remedy provided by this section is in addition to any other remedy, civil or criminal, provided by law for the conduct giving rise to the claim.

(9) No filing fee, service fee or hearing fee shall be charged for a proceeding under this section if a courts stalking order is the only relief sought.

(10) If the respondent was provided notice and an opportunity to be heard, the court shall also include in the order, when appropriate, terms and findings sufficient under 18 U.S.C. 922 (d)(8) and (g)(8) to affect the respondents ability to possess firearms and ammunition or engage in activities involving firearms.

(11) ORS 163.741 (Service of stalking protective order) applies to protective orders issued under this section.

(12) Except for purposes of impeachment, a statement made by the respondent at a hearing under this section may not be used as evidence in a prosecution for stalking as defined in ORS 163.732 (Stalking) or for violating a courts stalking protective order as defined in ORS 163.750 (Violating a courts stalking protective order). [1993 c.626 §9; 1995 c.353 §6; 1999 c.1052 §4; 2003 c.292 §3]

 

Note: Definitions for 30.866 (Action for issuance or violation of stalking protective order) are found in 163.730 (Definitions for ORS 30.866 and 163.730 to 163.750).”

The Duvall Law Office regularly represents those accused of stalking.  We invite you to ask any Eugene, Oregon, attorney, judge or prosecutor about our representation of those wrongfully accused who are fighting a petition seeking an Oregon Stalking Order.  We are based in Eugene, Oregon, but we represent those accused of stalking in courts throughout the state.

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Eugene Oregon DUI Defense Lawyer Discusses Plea Bargain and Oregon Drunk Driving Law

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Oregon is a tough state for DUII defense attorneys.  Lawyers representing those charged with driving under the influence of intoxicants (aka DUII, DUI, DWI or “drunk driving” – felony DUI or misdemeanor DUI) are prohibited by Oregon criminal law from entering a plea bargain where the defendant agrees to plead guilty or no contest to a charge other than Driving Under the Influence of Intoxicants in exchange for the DUII charge to be dismissed.  Without this ability to plea bargain, DUII attorneys and their clients are in a position of having to decide whether to proceed to a jury trial or judge trial, or plea guilty or no contest to the drunk driving charge, with or without an agreement as to the penalty.
Here is the Oregon criminal law that prohibits this type of a plea bargain:
ORS 813.170
“Plea agreement prohibited

(1) Notwithstanding ORS 135.405 (Plea discussions and plea agreements) to 135.445 (Withdrawn plea or statement not admissible), a person charged with the offense of driving under the influence of intoxicants shall not be allowed to plead guilty or no contest to any other offense in exchange for a dismissal of the offense charged. No district attorney or city attorney shall make any motion and no judge shall enter any order in derogation of this section. This section does not prohibit diversion as provided under ORS 813.200 (Notice of availability of diversion).

(2) Notwithstanding ORS 135.881 (Definitions for ORS 135.881 to 135.901) to 135.901 (Effect of compliance or noncompliance with agreement), a person charged with the offense of driving under the influence of intoxicants shall not be allowed to enter into any program of supervised performance or diversion except as provided under ORS 813.200 (Notice of availability of diversion). [1983 c.338 §382; 1999 c.1051 §294]”

The Duvall Law Office is based in Eugene, Oregon, and regularly appears in all Eugene, Oregon, and surrounding courts, including Springfield Municipal Court.  We represent those charged with all criminal charges from Oregon’s Measure 11 offenses, to domestic violence or child abuse, to driving under the influence of intoxicants (aka DUII, DUI, DWI or “Drunk Driving”), to shoplifting.  Let us help.

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Experienced Eugene Oregon Criminal Defense Lawyer / Attorney Spotlights the Oregon Criminal Code

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The Duvall Law Office is based in Eugene, Oregon, and represents individuals charged with criminal offenses throughout the state.  Oregon criminal defense attorney’s regularly refer to the Oregon Criminal Code of 1971, the “Short title” of which is set for below.

“ORS 161.005 (Short title) to 161.055 (Burden of proof as to defenses), 161.085 (Definitions with respect to culpability) to 161.125 (Drug or controlled substance use or dependence or intoxication as defense), 161.150 (Criminal liability described) to 161.175 (Criminal liability of an individual for corporate conduct), 161.190 (Justification as a defense) to 161.275 (Entrapment), 161.290 (Incapacity due to immaturity) to 161.370 (Determination of fitness), 161.405 (Attempt described) to 161.485 (Multiple convictions barred in inchoate crimes), 161.505 (Offense described) to 161.585 (Classification of certain crimes determined by punishment), 161.605 (Maximum prison terms for felonies), 161.615 (Prison terms for misdemeanors) to 161.685 (Effect of nonpayment of fines, restitution or costs), 161.705 (Reduction of certain felonies to misdemeanors) to 161.737 (Sentence imposed on dangerous offender as departure from sentencing guidelines), 162.005 (Definitions for ORS 162.005 to 162.425), 162.015 (Bribe giving) to 162.035 (Bribery defenses), 162.055 (Definitions for ORS 162.055 to 162.425) to 162.115 (Corroboration of falsity required), 162.135 (Definitions for ORS 162.135 to 162.205) to 162.205 (Failure to appear in the first degree), 162.225 (Definitions for ORS 162.225 to 162.375) to 162.375 (Initiating a false report), 162.405 (Official misconduct in the second degree) to 162.425 (Misuse of confidential information), 162.465 (Unlawful legislative lobbying), 163.005 (Criminal homicide), 163.115 (Murder), 163.125 (Manslaughter in the second degree) to 163.145 (Criminally negligent homicide), 163.149 (Aggravated vehicular homicide), 163.160 (Assault in the fourth degree) to 163.208 (Assaulting a public safety officer), 163.196 (Aggravated driving while suspended or revoked), 163.215 (Definitions for ORS 163.215 to 163.257) to 163.257 (Custodial interference in the first degree), 163.261 (Definitions for ORS 163.263 and 163.264), 163.263 (Subjecting another person to involuntary servitude in the second degree), 163.264 (Subjecting another person to involuntary servitude in the first degree), 163.266 (Trafficking in persons), 163.275 (Coercion), 163.285 (Defense to coercion), 163.305 (Definitions) to 163.467 (Private indecency), 163.432 (Online sexual corruption of a child in the second degree), 163.433 (Online sexual corruption of a child in the first degree), 163.505 (Definitions for certain provisions of ORS 163.505 to 163.575) to 163.575 (Endangering the welfare of a minor), 163.665 (Definitions) to 163.693 (Failure to report child pornography), 164.005 (Definitions), 164.015 (Theft described) to 164.135 (Unauthorized use of a vehicle), 164.138 (Criminal possession of a rented or leased motor vehicle), 164.140 (Criminal possession of rented or leased personal property), 164.205 (Definitions for ORS 164.205 to 164.270) to 164.270 (Closure of premises to motor-propelled vehicles), 164.305 (Definitions for ORS 164.305 to 164.377) to 164.377 (Computer crime), 164.395 (Robbery in the third degree) to 164.415 (Robbery in the first degree), 164.805 (Offensive littering), 164.857 (Unlawfully transporting metal property), 164.886 (Unlawful tree spiking), 165.002 (Definitions for ORS 165.002 to 165.070) to 165.102 (Obtaining execution of documents by deception), 165.109 (Failing to maintain a cedar purchase record), 165.118 (Metal property offenses), 165.805 (Misrepresentation of age by a minor), 166.005 (Treason) to 166.095 (Misconduct with emergency telephone calls), 166.350 (Unlawful possession of armor piercing ammunition), 166.382 (Possession of destructive device prohibited), 166.384 (Unlawful manufacture of destructive device), 166.660 (Unlawful paramilitary activity), 167.002 (Definitions for ORS 167.002 to 167.027) to 167.027 (Evidence required to show place of prostitution), 167.057 (Luring a minor), 167.060 (Definitions for ORS 167.060 to 167.095) to 167.100 (Application of ORS 167.060 to 167.100), 167.117 (Definitions for ORS 167.108 to 167.164 and 464.270 to 464.530), 167.122 (Unlawful gambling in the second degree) to 167.162 (Gambling device as public nuisance), 167.203 (Definitions for ORS 167.212 to 167.252) to 167.252 (Preclusion of state prosecution), 167.310 (Definitions for ORS 167.310 to 167.351) to 167.340 (Animal abandonment) and 167.350 (Forfeiture of rights in mistreated animal), 167.810 (Creating a hazard) and 167.820 (Concealing the birth of an infant) shall be known and may be cited as Oregon Criminal Code of 1971. [1971 c.743 §1; 1979 c.476 §1; 1983 c.740 §25; 1983 c.792 §1; 1985 c.366 §2; 1985 c.557 §9; 1985 c.662 §10; 1985 c.755 §1; 1989 c.982 §3; 1989 c.1003 §5; 2003 c.383 §3; 2007 c.475 §4; 2007 c.684 §2; 2007 c.811 §6; 2007 c.867 §16; 2007 c.869 §5; 2007 c.876 §5; 2009 c.783 §6; 2009 c.811 §15; 2011 c.681 §5]”

To schedule a confidential

appointment, please call

541.345.4500