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ORS 161.705

Known as the Oregon Criminal Code

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

Applied in 39 court decisions — leading case Megdal v. Oregon State Board of Dental Examiners (1980)

Most recently applied in 341 Or. App. 615 - State v. Nigbur (July 2025)

1971 c.743 §83; 1977 c.745 §31; 1979 c.124 §1; 1981 c.769 §8; 2005 c.708 §48; 2009 c.610 §2; 2013 c.591 §5; 2015 c.290 §2; 2015 c.614 §125; 2017 c.21 §100; 2018 c.120 §11

How often courts cite this section

197419801990200020102020202540
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) Notwithstanding ORS 161.525, the court may enter judgment of conviction for a Class A misdemeanor and make disposition accordingly when:

(a)(A) A person is convicted of any Class C felony; or

(B) A person convicted of a Class C felony, of possession or delivery of marijuana or a marijuana item as defined in ORS 475C.009 constituting a Class B felony, of possession of a controlled substance constituting a Class B felony or of a Class A felony pursuant to ORS 166.720, has successfully completed a sentence of probation; and

(b) The court, considering the nature and circumstances of the crime and the history and character of the defendant, believes that a felony conviction would be unduly harsh.

(2) The entry of judgment of conviction for a Class A misdemeanor under this section may be made:

(a) At the time of conviction, for offenses described in subsection (1)(a)(A) of this section; or

(b) At any time after the sentence of probation has been completed, for offenses described in subsection (1)(a)(B) of this section.

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