yourstate.us
Home / Oregon / General Provisions
Or. Rev. Stat. § 161.566

Misdemeanor treated as violation; prosecuting attorney’s election

Oregon · Oregon Revised Statutes Chapter 161 — General Provisions · Status: effective

Get this as JSONEmbed this
Cite this
Citation
Or. Rev. Stat. § 161.566, Misdemeanor treated as violation; prosecuting attorney’s election, Oregon, version 1 as recorded 2026-10-04, yourstate.us, https://yourstate.us/provision/2472045
Permanent ID
ys:prov:2472045@1
SHA-256
a1ac7b70ce633535dcd6886295827bb6d07a3ce60f7fbb2aec84f4ee141be048

The hash is SHA-256 of this version's text, with every run of whitespace collapsed to a single space and the ends trimmed. The ID always leads back here, and checking it says whether the text you cited is still the current version.

Full text

(1) Except as provided in subsection (4) of this section, a prosecuting attorney may elect to treat any misdemeanor as a Class A violation. The election must be made by the prosecuting attorney orally or in writing. If no election is made, the case shall proceed as a misdemeanor. (2) If a prosecuting attorney elects to treat a misdemeanor as a Class A violation under this section, the court shall amend the accusatory instrument to reflect the charged offense as a Class A violation and clearly denominate the offense as a Class A violation in any judgment entered in the matter. Notwithstanding ORS 153.021, the fine that a court may impose upon conviction of a violation under this section may not: (a) Be less than the presumptive fine established by ORS 153.019 for a Class A violation; or (b) Exceed the maximum fine established by ORS 153.018 for a Class A violation. (3) If a prosecuting attorney elects to treat a misdemeanor as a Class A violation under this section, and the defendant fails to make any required appearance in the matter, the court may enter a default judgment against the defendant in the manner provided by ORS 153.102. Notwithstanding ORS 153.021, the fine that the court may impose under a default judgment entered pursuant to ORS 153.102 may not: (a) Be less than the presumptive fine established by ORS 153.019 for a Class A violation; or (b) Exceed the maximum fine established by ORS 153.018 for a Class A violation. (4) A prosecuting attorney may not elect to treat misdemeanors created under ORS 811.540 or 813.010 as violations under the provisions of this section. (5) The election provided for in this section may be made by a city attorney acting as prosecuting attorney in the case of municipal ordinance offenses, a county counsel acting as prosecuting attorney under a county charter in the case of county ordinance offenses, and the Attorney General acting as prosecuting attorney in those criminal actions or proceedings within the jurisdiction of the Attorney General.