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ORS 161.360

Known as the Oregon Criminal Code

The act spans §§ 161–161 (150 sections).

Applied in 27 court decisions — leading case 70 Or. App. 333 - State v. Peterson (1984)

Most recently applied in 343 Or. App. 75 - State v. Meiser (August 2025)

1971 c.743 §50; 1993 c.238 §1; 2017 c.634 §14; 2021 c.97 §16

How often courts cite this section

19801990200020102020202540
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) If, before or during the trial in any criminal case, the court has reason to doubt the defendant’s fitness to proceed by reason of incapacity, the court may order an examination in the manner provided in ORS 161.365.

(2) A defendant may be found incapacitated if, as a result of a qualifying mental disorder, the defendant is unable:

(a) To understand the nature of the proceedings against the defendant;

(b) To assist and cooperate with the counsel of the defendant; or

(c) To participate in the defense of the defendant.

Official source: Oregon State Legislature. Reproduced from public-domain Oregon statutes; confirm against the official source for the current text. Not legal advice.