Arraignment and Pretrial Provisions

ORS 135.703
Crimes subject to being compromised

  • exceptions


(1)

When a defendant is charged with a crime punishable as a misdemeanor for which the person injured by the act constituting the crime has a remedy by a civil action, the crime may be compromised, as provided in ORS 135.705 (Satisfaction of injured person), except when it was committed:

(a)

By or upon a peace officer while in the execution of the duties of office;

(b)

Riotously;

(c)

With an intent to commit a crime punishable only as a felony; or

(d)

By one family or household member upon another family or household member, as defined in ORS 107.705 (Definitions for ORS 107.700 to 107.735), or by a person upon an elderly person or a person with a disability as defined in ORS 124.005 (Definitions for ORS 124.005 to 124.040) and the crime was:

(A)

Assault in the fourth degree under ORS 163.160 (Assault in the fourth degree);

(B)

Assault in the third degree under ORS 163.165 (Assault in the third degree);

(C)

Menacing under ORS 163.190 (Menacing);

(D)

Recklessly endangering another person under ORS 163.195 (Recklessly endangering another person);

(E)

Harassment under ORS 166.065 (Harassment); or

(F)

Strangulation under ORS 163.187 (Strangulation).

(2)

Notwithstanding subsection (1) of this section, when a defendant is charged with violating ORS 811.700 (Failure to perform duties of driver when property is damaged), the crime may be compromised as provided in ORS 135.705 (Satisfaction of injured person). [Formerly 134.010; 1991 c.938 §1; 1995 c.657 §21; 1995 c.666 §26; 1999 c.738 §9; 2003 c.264 §9; 2003 c.577 §5; 2007 c.70 §35]

See also annotations under ORS 134.010 in permanent edition.

Notes of Decisions

By enacting ORS 161.705, the legislature intended to authorize a compromise of all Class C felonies which could be punished "as a misdemeanor." State v. Dumond, 270 Or 854, 530 P2d 32 (1974)

ORS 135.755 must be read together with ORS 135.705 and this section. State v. Martindale, 30 Or App 1127, 569 P2d 659 (1977), Sup Ct review denied

Criminal charge based on failure of driver involved in accident to leave name and address is not a charge which can be dismissed on basis of civil compromise. State v. Duffy, 33 Or App 301, 576 P2d 797 (1978)

to Be Entitled to Civil Compromise, Defendant's Misdemeanor Must Affect Only Person or Persons With Civil Remedy

acts criminalized to protect public at large are not covered by this section; overruling State v. Phon Yos, 71 Or App 57, 691 P2d 508 (1984). State v. Dugger, 73 Or App 109, 698 P2d 491 (1985)

Defendant, who was charged after damaging employer's vehicle, repairs to which were paid for by employer's insurer and who then entered into valid civil compromise with employer but not with insurer, is eligible for dismissal under ORS 135.705 because employer, not insurer, is person injured by defendant's criminal acts. State v. Ferguson, 261 Or App 497, 323 P3d 496 (2014)

Law Review Citations

10 WLJ 187 (1974)


Source

Last accessed
Jun. 26, 2021