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 12 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:

(a)

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

(b)

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

(c)

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

(d)

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

(3)

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)

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

(f)

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

(g)

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

(h)

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

(i)

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

(j)

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

(k)

Incest under ORS 163.525 (Incest).

(L)

Promoting prostitution under ORS 167.012 (Promoting prostitution).

(m)

Compelling prostitution under ORS 167.017 (Compelling prostitution).

(n)

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

(4)

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).

(5)

In the case of crimes described in subsection (3)(i) of this section, the victim is the child engaged in sexual conduct. In the case of the crime described in subsection (3)(k) 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 (3)(L) and (m) of this section, the victim is the child whose acts of prostitution are promoted or compelled.

(6)

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

(7)

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)

Extortion under ORS 164.075 (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).

(8)

Except as provided in subsection (9) 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.

(9)

If the period prescribed in subsection (8) 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 in the second degree) or 163.701 (Invasion of personal privacy in the first degree), 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.

(10)

Notwithstanding subsections (2) and (3) of this section, if the defendant is identified after the period described in subsection (2) or (3) 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.

(11)

Notwithstanding subsection (10) of this section, if a prosecution for a felony listed in subsection (10) of this section would otherwise be barred by subsection (2) or (3) of this section, the prosecution must be commenced within two years of the DNA-based identification of the defendant.

(12)

Intentionally left blank —Ed.

(a)

Notwithstanding subsection (2) of this section, if a prosecuting attorney obtains corroborating evidence of the crimes of rape in the first degree, sodomy in the first degree, unlawful sexual penetration in the first degree or sexual abuse in the first degree, after the period described in subsection (2) of this section, the prosecution may be commenced at any time after the commission of the crime.

(b)

The corroborating evidence described in paragraph (a) of this subsection must consist of one of the following:

(A)

Physical evidence other than a DNA sample, including but not limited to audio, video or other electronic recordings, text messages, guest book logs, telephone recordings and photographs.

(B)

A confession, made by the defendant, to the crime the victim reported.

(C)

An oral statement, made by the victim to another person in temporal proximity to the commission of the crime, corroborating the victim’s report of the crime to a law enforcement agency.

(D)

A written statement, created by the victim in temporal proximity to the commission of the crime and subsequently delivered to another person or to a law enforcement agency, corroborating the victim’s report of the crime to a law enforcement agency.

(E)

A report made by a different victim to a law enforcement agency, made either before or after the victim’s report, alleging that the defendant committed another crime of the same or similar character such that the two crimes could be charged in the same charging instrument under ORS 132.560 (Joinder of counts and charges).

(13)

Intentionally left blank —Ed.

(a)

A prosecuting attorney commencing a prosecution pursuant to subsection (12) of this section shall present any evidence reasonably tending to negate the guilt of the defendant to the grand jury considering the indictment for the offense.

(b)

The failure to present evidence reasonably tending to negate guilt as required by paragraph (a) of this subsection does not affect the validity of an indictment or prosecution. [1973 c.836 §6; 1989 c.831 §1; 1991 c.386 §5; 1991 c.388 §1; 1991 c.830 §5; 1995 c.768 §8; 1997 c.427 §1; 1997 c.697 §3; 1997 c.850 §5; 2001 c.375 §1; 2005 c.252 §1; 2005 c.839 §1; 2007 c.840 §1; 2007 c.869 §6; 2009 c.585 §1; 2011 c.666 §2; 2011 c.681 §3; 2012 c.70 §2; 2015 c.417 §1; 2015 c.645 §5; 2016 c.47 §5; 2016 c.120 §1]
Note: Section 3, chapter 417, Oregon Laws 2015, provides:
Sec. 3. The amendments to ORS 131.125 (Time limitations) by section 1 of this 2015 Act apply to offenses committed before, on or after the effective date of this 2015 Act [January 1, 2016] but do not operate to revive a prosecution barred by the operation of ORS 131.125 (Time limitations) before the effective date of this 2015 Act. [2015 c.417 §3]
Note: Section 2, chapter 120, Oregon Laws 2016, provides:
Sec. 2. The amendments to ORS 131.125 (Time limitations) by section 1 of this 2016 Act apply to offenses committed before, on or after the effective date of this 2016 Act [January 1, 2017] but do not operate to revive a prosecution barred by the operation of ORS 131.125 (Time limitations) before the effective date of this 2016 Act. [2016 c.120 §2]

Source: Section 131.125 — Time limitations, https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html.

See also annotations under ORS 131.110 in permanent edition.

Notes of Decisions

Where warrant for defendant’s arrest for unlawfully obtaining public assistance was executed three years and four months from date of alleged offense and state offered no reason for delay, indictment should have been dismissed. State v. Barnes, 66 Or App 896, 676 P2d 344 (1984)

Indictment containing two dates on which purportedly returned, one inside and one outside statute of limitations, does not satisfy statutory requirement that indictment show prosecution was commenced within period of limitation. State v. Bovee, 76 Or App 572, 710 P2d 786 (1985), Sup Ct review denied

Where defendant pleaded no contest to and was convicted of driving under influence of intoxicants in 1980 and in 1986 sought and was awarded post-conviction relief from that judgment, state’s subsequent decision to continue prosecution was not barred by statute of limitations. State v. Sisneros, 84 Or App 306, 734 P2d 355 (1987), Sup Ct review denied

This section barred prosecution for theft completed more than three years before commencement of prosecution where state produced no evidence that defendant retained some form of interest in or control over the stolen property after possession was given to third-party purchaser, even though final payment was made by third party within three years of filing information. State v. Bailey, 94 Or App 767, 767 P2d 114 (1989)

Where Oregon State Bar complained to court in 1985 and 1987 that defendant was violating injunction for unauthorized practice of law by activities beginning in 1981, some of Bar’s complaints may have been barred by laches since two years is presumptively reasonable period for initiating criminal contempt action for violations of court order. Oregon State Bar v. Wright, 309 Or 37, 785 P2d 340 (1990)

1989 amendments that extended statute of limitations from three to six years for certain offenses did not operate retroactively to revive cases barred from prosecution by operation of prior law. State v. Tyler, 108 Or App 378, 815 P2d 1289 (1991); State v. Cookman, 127 Or App 283, 873 P2d 335 (1994), aff’d 324 Or 19, 920 P2d 1086 (1996)

Amendment of this section that extended statute of limitations for certain misdemeanors from two to four years did not violate constitutional prohibition against ex post facto laws when applied to case where two-year period of limitations had not yet expired upon effective date of amendment. State v. Dufort, 111 Or App 515, 827 P2d 192 (1992)

Listing of sexual offense by both description and current ORS number makes described offense charged under former ORS number subject to same statute of limitations as if charged under current ORS number. State v. Sharp, 151 Or App 122, 949 P2d 1230 (1997), Sup Ct review denied

Reporting of offense does not occur until actual communication, through oral or written narration, of facts that form basis for offense. State v. Hutchison, 176 Or App 363, 31 P3d 1123 (2001); State v. Eladem, 290 Or App 212, 414 P3d 426 (2018), Sup Ct review denied

“Other governmental agency” means agency with investigative responsibility or having statutory duty to report sexual offense to agency with investigative responsibility. State v. Walker, 192 Or App 535, 86 P3d 690 (2004), Sup Ct review denied

Where statute of limitations is extended before statute of limitations applicable at time of offense has expired, application of extended statute of limitations to offense does not constitute ex post facto law. State v. Harberts, 198 Or App 546, 108 P3d 1201 (2005), Sup Ct review denied

Extended limitation period for commencing prosecution based on misconduct in office by public officer or employee applies only where limitation period under catch-all provision has expired. State v. Tannehill, 341 Or 205, 141 P3d 584 (2006)

General three-year limitation period for charging felony applies to charge of attempted rape. Lamb v. Coursey, 238 Or App 647, 243 P3d 130 (2010), Sup Ct review denied

For purposes of extending statute of limitations, theft by deception is offense involving material element of fraud. Monfore v. Persson, 296 Or App 625, 439 P3d 519 (2019)

131.005
General definitions
131.007
“Victim” defined
131.015
Application to prior and subsequent actions
131.025
Parties in criminal action
131.035
When departures, errors or mistakes in pleadings or proceedings are material
131.040
When law enforcement officer may communicate with person represented by counsel
131.045
Appearances by simultaneous electronic transmission
131.105
Timeliness of criminal actions
131.125
Time limitations
131.135
When prosecution commenced
131.145
When time starts to run
131.155
Tolling of statute
131.205
Definition for ORS 131.205 to 131.235
131.215
Jurisdiction
131.225
Exceptions
131.235
Criminal homicide
131.305
Place of trial
131.315
Special provisions
131.325
Place of trial
131.335
Change of venue
131.345
Motion for change of venue
131.355
Change of venue for prejudice
131.363
Change of venue in other cases
131.375
Notification on change of venue
131.385
When change of venue is complete
131.395
Expenses of change
131.405
Attendance of defendant at new place of trial
131.415
Conveyance of defendant in custody after change of venue
131.505
Definitions for ORS 131.505 to 131.525
131.515
Previous prosecution
131.525
Previous prosecution
131.535
Proceedings not constituting acquittal
131.550
Definitions for ORS 131.550 to 131.600
131.553
Legislative findings
131.556
Right, title and interest in forfeited property vests in seizing agency
131.558
Property subject to forfeiture
131.561
Seizure of property subject to forfeiture
131.564
Status of seized property
131.566
Motor vehicle with hidden compartment
131.567
Recorded notice of intent to forfeit real property
131.570
Notice of seizure for forfeiture
131.573
Petition for expedited hearing
131.576
Order restoring custody of property after expedited hearing
131.579
Affidavit in response to notice of seizure for forfeiture
131.582
Prosecution of criminal forfeiture
131.585
Extent of judgment
131.588
Judgment of forfeiture
131.591
Equitable distribution of property or proceeds
131.594
Disposition and distribution of forfeited property when seizing agency not the state
131.597
Disposition and distribution of forfeited property when seizing agency is the state
131.600
Record keeping and reporting requirements
131.602
Prohibited conduct for purposes of instrumentalities of crime
131.604
Disposition of forfeited cigarettes
131.605
Definitions for ORS 131.605 to 131.625
131.615
Stopping of persons
131.625
Frisk of stopped persons
131.655
Detention and interrogation of persons suspected of theft committed in a store or unlawful operation of audiovisual device in a motion picture theater
131.665
Prevention by public officers
131.675
Dispersal of unlawful assemblages
131.685
Authority of Governor to enter into agreements with other states for crime prevention purposes
131.705
Definitions for ORS 131.705 to 131.735
131.715
Proclamation of emergency period by Governor
131.725
Exclusion from public property
131.735
Review of exclusion order
131.805
Authority to employ special agents
131.815
Presentment of facts to circuit court
131.825
Hearing
131.835
Request that judge of another district conduct hearing
131.845
Findings
131.855
Appointment of special officers on finding that laws are not enforced
131.860
Qualifying of special officers
131.865
Compensation of special officers
131.875
Effect of appointment of special officers on salary of regular officers
131.880
Appointment of railroad police officers
131.885
Offer of reward
131.890
Entitlement to reward
131.892
Offer of reward for information on commission of criminal offense
131.895
Procedure for payment
131.897
Authority to order repayment of reward as part of sentence
131.900
Liability for medical expenses for person restrained, detained or taken into custody
131.905
Legislative findings
131.906
Law Enforcement Contacts Policy and Data Review Committee
131.908
Funding contributions
131.909
Moneys received
131.915
Definitions
131.920
Policies and procedures prohibiting profiling
131.925
Complaints alleging profiling
131.930
Definitions
131.935
Collection of officer-initiated stop data
131.940
Analysis of stop data to identify profiling
131.945
Training for law enforcement agencies
Green check means up to date. Up to date