ORS 131.315
Special provisions


(1)

If conduct constituting elements of an offense or results constituting elements of an offense occur in two or more counties, trial of the offense may be held in any of the counties concerned.

(2)

If a cause of death is inflicted on a person in one county and the person dies therefrom in another county, trial of the offense may be held in either county.

(3)

If the commission of an offense commenced outside this state is consummated within this state, trial of the offense shall be held in the county in which the offense is consummated or the interest protected by the criminal statute in question is impaired.

(4)

If an offense is committed on any body of water located in, or adjacent to, two or more counties or forming the boundary between two or more counties, trial of the offense may be held in any nearby county bordering on the body of water.

(5)

If an offense is committed in or upon any railroad car, vehicle, aircraft, boat or other conveyance in transit and it cannot readily be determined in which county the offense was committed, trial of the offense may be held in any county through or over which the conveyance passed.

(6)

If an offense is committed on the boundary of two or more counties or within one mile thereof, trial of the offense may be held in any of the counties concerned.

(7)

A person who commits theft, burglary or robbery may be tried in any county in which the person exerts control over the property that is the subject of the crime.

(8)

If the offense is an attempt or solicitation to commit a crime, trial of the offense may be held in any county in which any act that is an element of the offense is committed.

(9)

If the offense is criminal conspiracy, trial of the offense may be held in any county in which any act or agreement that is an element of the offense occurs.

(10)

A person who in one county commits an inchoate offense that results in the commission of an offense by another person in another county, or who commits the crime of hindering prosecution of the principal offense, may be tried in either county.

(11)

A criminal nonsupport action may be tried in any county in which the dependent child is found, irrespective of the domicile of the parent, guardian or other person lawfully charged with support of the child.

(12)

If the offense is theft, forgery or identity theft and the offense consists of an aggregate transaction involving more than one county, trial of the offense may be held in any county in which one of the acts of theft, forgery or identity theft was committed.

(13)

When a prosecution is for violation of the Oregon Securities Law, the trial of the offense may be held in the county in which:

(a)

The offer to purchase or sell securities took place or where the sale or purchase of securities took place; or

(b)

Any act that is an element of the offense occurred.

(14)

When a prosecution under ORS 165.692 (Making false claim for health care payment) and 165.990 (Penalties) or 411.675 (Submitting wrongful claim for payment of public assistance or medical assistance) and 411.990 (Penalties) (2) and (3) involves Medicaid funds, the trial of the offense may be held in the county in which the claim was submitted for payment or in the county in which the claim was paid.

(15)

Intentionally left blank —Ed.

(a)

If the offense is stalking under ORS 163.732 (Stalking) and involves contacts as defined in ORS 163.730 (Definitions for ORS 30.866 and 163.730 to 163.750) in more than one county, trial of the offense may be held in any county in which a contact occurred.

(b)

If the offense is violating a court’s stalking protective order under ORS 163.750 (Violating a court’s stalking protective order), trial of the offense may be held in the county in which the defendant engaged in conduct prohibited by the order or in the county in which the order was issued. [1973 c.836 §15; 1987 c.603 §26; 1989 c.384 §1; 1993 c.680 §28; 1995 c.496 §7; 2007 c.584 §3; 2009 c.212 §1]

Source: Section 131.315 — Special provisions, https://www.­oregonlegislature.­gov/bills_laws/ors/ors131.­html.

See also annotations under ORS 131.340, 131.350, 131.360 and 131.370 in permanent edition.

Notes of Decisions

Charging of entire criminal act in county where some events of criminal act occurred does not violate Article I, section 11. State v. Johnson, 6 Or App 195, 487 P2d 115 (1971), Sup Ct review denied

Venue may be laid in county either in which conduct constituting a crime occurred, or in which the results of the alleged act were intended to occur. State v. Hall, 26 Or App 17, 552 P2d 272 (1976)

When an indictment charges that a criminal agreement was made in a certain county, a conviction cannot rest on proof that the agreement was made in a different county and only subsequent acts in pursuance of the agreement occurred in the county where the making of the agreement is alleged. State v. Roper, 286 Or 621, 595 P2d 1247 (1979)

Where jury was entitled to infer from evidence that defendant who was charged with rape in first degree subjected victims to “forcible compulsion,” one element of charged crime in or within one mile of Multnomah County, Multnomah County trial court did not err in rejecting defendant’s lack of venue argument and denying his motion or judgment of acquittal. State v. Sanarrita, 102 Or App 349, 794 P2d 457 (1990)

Legislature may properly specify location of county boundaries for judicial purposes and provision of this section relating to venue of offense committed on boundary of two or more counties or within one mile thereof is constitutional. State v. McCown, 113 Or App 627, 833 P2d 1321 (1992), Sup Ct review denied

As used in this section, “theft” does not include identity theft and therefore did not provide basis for venue in Multnomah County for prosecution of Clackamas County identity-theft charges where evidence showed that defendant stole personal identification of others from lockers in Clackamas County and those items of personal identification were recovered from defendant’s residence in Multnomah County. State v. Berndt, 282 Or App 73, 386 P3d 196 (2016), Sup Ct review denied

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
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