131.125 Time
limitations. (1) A
prosecution for aggravated murder, murder, attempted murder or aggravated
murder, conspiracy or solicitation to commit aggravated murder or murder or any
degree of manslaughter may be commenced at any time after the commission of the
attempt, conspiracy or solicitation to commit aggravated murder or murder, or
the death of the person killed.
(2) A prosecution
for any of the following felonies may be commenced within 20 years after the
commission of the crime or, if the victim at the time of the crime was under 18
years of age, anytime before the victim attains 30 years of age, whichever occurs
later:
(a) Rape in the
first degree under ORS 163.375.
(b) Sodomy in the
first degree under ORS 163.405.
(c) Unlawful
sexual penetration in the first degree under ORS 163.411.
(d) Sexual abuse
in the first degree under ORS 163.427.
(3) A prosecution
for any of the following felonies may be commenced within six years after the
commission of the crime or, if the victim at the time of the crime was under 18
years of age, anytime before the victim attains 30 years of age or within 12 years
after the offense is reported to a law enforcement agency or the Department of
Human Services, whichever occurs first:
(a) Strangulation
under ORS 163.187 (4).
(b) Criminal
mistreatment in the first degree under ORS 163.205.
(c) Rape in the
third degree under ORS 163.355.
(d) Rape in the
second degree under ORS 163.365.
(e) Sodomy in the
third degree under ORS 163.385.
(f) Sodomy in the
second degree under ORS 163.395.
(g) Unlawful
sexual penetration in the second degree under ORS 163.408.
(h) Sexual abuse
in the second degree under ORS 163.425.
(i) Using a child
in a display of sexual conduct under ORS 163.670.
(j) Encouraging
child sexual abuse in the first degree under ORS 163.684.
(k) Incest under
ORS 163.525.
(L) Promoting
prostitution under ORS 167.012.
(m) Compelling
prostitution under ORS 167.017.
(n) Luring a
minor under ORS 167.057.
(4) A prosecution
for any of the following misdemeanors may be commenced within four years after
the commission of the crime or, if the victim at the time of the crime was
under 18 years of age, anytime before the victim attains 22 years of age or
within four years after the offense is reported to a law enforcement agency or
the Department of Human Services, whichever occurs first:
(a) Strangulation
under ORS 163.187 (3).
(b) Sexual abuse
in the third degree under ORS 163.415.
(c) Exhibiting an
obscene performance to a minor under ORS 167.075.
(d) Displaying
obscene materials to minors under ORS 167.080.
(5) In the case
of crimes described in subsection (3)(i) of this section, the victim is the
child engaged in sexual conduct. In the case of the crime described in
subsection (3)(k) of this section, the victim is the party to the incest other
than the party being prosecuted. In the case of crimes described in subsection
(3)(L) and (m) of this section, the victim is the child whose acts of
prostitution are promoted or compelled.
(6) A prosecution
for arson in any degree may be commenced within six years after the commission
of the crime.
(7) A prosecution
for any of the following felonies may be commenced within six years after the
commission of the crime if the victim at the time of the crime was 65 years of
age or older:
(a) Theft in the
first degree under ORS 164.055.
(b) Aggravated
theft in the first degree under ORS 164.057.
(c) Extortion
under ORS 164.075.
(d) Robbery in
the third degree under ORS 164.395.
(e) Robbery in
the second degree under ORS 164.405.
(f) Robbery in
the first degree under ORS 164.415.
(g) Forgery in
the first degree under ORS 165.013.
(h) Fraudulent
use of a credit card under ORS 165.055 (4)(b).
(i) Identity
theft under ORS 165.800.
(8) Except as provided
in subsection (9) of this section or as otherwise expressly provided by law,
prosecutions for other offenses must be commenced within the following periods
of limitations after their commission:
(a) For any other
felony, three years.
(b) For any
misdemeanor, two years.
(c) For a
violation, six months.
(9) If the period
prescribed in subsection (8) of this section has expired, a prosecution
nevertheless may be commenced as follows:
(a) If the
offense has as a material element either fraud or the breach of a fiduciary
obligation, prosecution may be commenced within one year after discovery of the
offense by an aggrieved party or by a person who has a legal duty to represent
an aggrieved party and who is not a party to the offense, but in no case shall
the period of limitation otherwise applicable be extended by more than three
years;
(b) If the
offense is based upon misconduct in office by a public officer or employee,
prosecution may be commenced at any time while the defendant is in public
office or employment or within two years thereafter, but in no case shall the
period of limitation otherwise applicable be extended by more than three years;
(c) If the
offense is an invasion of personal privacy under ORS 163.700 or 163.701,
prosecution may be commenced within one year after discovery of the offense by
the person aggrieved by the offense, by a person who has a legal duty to
represent the person aggrieved by the offense or by a law enforcement agency,
but in no case shall the period of limitation otherwise applicable be extended
by more than three years; or
(d) If the
offense is sexual abuse by fraudulent representation under ORS 163.429,
prosecution may be commenced within six years after the victim becomes aware or
reasonably should have become aware of the criminal nature of the conduct.
(10)
Notwithstanding subsections (2) and (3) of this section, if the defendant is
identified after the period described in subsection (2) or (3) of this section
on the basis of DNA (deoxyribonucleic acid) sample comparisons, a prosecution
for:
(a) Rape in the
first degree, sodomy in the first degree, unlawful sexual penetration in the
first degree or sexual abuse in the first degree may be commenced at any time
after the commission of the crime.
(b) Rape in the
second degree, sodomy in the second degree or unlawful sexual penetration in
the second degree may be commenced within 25 years after the commission of the
crime.
(11)
Notwithstanding subsection (10) of this section, if a prosecution for a felony
listed in subsection (10) of this section would otherwise be barred by
subsection (2) or (3) of this section, the prosecution must be commenced within
two years of the DNA-based identification of the defendant.
(12)(a)
Notwithstanding subsection (2) of this section, if a prosecuting attorney
obtains corroborating evidence of the crimes of rape in the first degree,
sodomy in the first degree, unlawful sexual penetration in the first degree or
sexual abuse in the first degree, after the period described in subsection (2)
of this section, the prosecution may be commenced at any time after the
commission of the crime.
(b) The
corroborating evidence described in paragraph (a) of this subsection must
consist of one of the following:
(A) Physical
evidence other than a DNA sample, including but not limited to audio, video or
other electronic recordings, text messages, guest book logs, telephone
recordings and photographs.
(B) A confession,
made by the defendant, to the crime the victim reported.
(C) An oral
statement, made by the victim to another person in temporal proximity to the
commission of the crime, corroborating the victim’s report of the crime to a
law enforcement agency.
(D) A written
statement, created by the victim in temporal proximity to the commission of the
crime and subsequently delivered to another person or to a law enforcement
agency, corroborating the victim’s report of the crime to a law enforcement
agency.
(E) A report made
by a different victim to a law enforcement agency, made either before or after
the victim’s report, alleging that the defendant committed another crime of the
same or similar character such that the two crimes could be charged in the same
charging instrument under ORS 132.560.
(13)(a) A
prosecuting attorney commencing a prosecution pursuant to subsection (12) of
this section shall present any evidence reasonably tending to negate the guilt
of the defendant to the grand jury considering the indictment for the offense.
(b) The failure
to present evidence reasonably tending to negate guilt as required by paragraph
(a) of this subsection does not affect the validity of an indictment or
prosecution. [1973 c.836 §6; 1989 c.831 §1; 1991 c.386 §5; 1991 c.388 §1; 1991
c.830 §5; 1995 c.768 §8; 1997 c.427 §1; 1997 c.697 §3; 1997 c.850 §5; 2001
c.375 §1; 2005 c.252 §1; 2005 c.839 §1; 2007 c.840 §1; 2007 c.869 §6; 2009
c.585 §1; 2011 c.666 §2; 2011 c.681 §3; 2012 c.70 §2; 2015 c.417 §1; 2015 c.645
§5; 2016 c.47 §5; 2016 c.120 §1; 2023 c.200 §2; 2023 c.265 §1]
Note: Section 2, chapter 265, Oregon
Laws 2023, provides:
Sec. 2. The amendments to ORS 131.125 by
section 1 of this 2023 Act apply to offenses committed before, on or after the
effective date of this 2023 Act [January 1, 2024] but do not operate to revive
a prosecution barred by the operation of ORS 131.125 before the effective date
of this 2023 Act. [2023 c.265 §2]
131.130 [Repealed by 1973 c.836 §358]
Notes of Decisions
Cited in
111
cases (
8 in the last 5 years), 1974–2026 · leading case:
State v. Cookman, 920 P.2d 1086 (Or. 1996).
State v. Cookman, 920 P.2d 1086 (Or. 1996).
· cites it 40× “[1] *1088 Specifically, defendant argued that his prosecution was barred by the three-year statute of limitations that was in effect when he allegedly committed the crimes, ORS 131.125 (1985). After that three-year period had expired, the legislature amended ORS 131.”
State v. Cookman, 873 P.2d 335 (Or. Ct. App. 1994).
· cites it 24× “[2] The legislature expressly declared that it intended the six-year limitation to apply to crimes committed before the effective date of the amendment: "The amendments to ORS 131.125 by section 1 of this Act apply to all causes of action whether arising before, on or after the…”
State v. Walker, 86 P.3d 690 (Or. Ct. App. 2004).
· cites it 17× “The purpose of the amendment was to address the fact that “[i]n sexually related offenses, a child may be too young to understand that sexual activity is a reportable offense, too intimidated to report, or simply unable to report outside the family unit.”
Lamb v. Coursey, 243 P.3d 130 (Or. Ct. App. 2010).
· cites it 25× “125(6). In that light, we find significant that, when the legislature wants to refer to an attempt offense, it does so by the employment of statutory wording that readily reflects that desire.”
State v. Tannehill, 141 P.3d 584 (Or. 2006).
· cites it 13× “ORS 131.125 (2001) 1 sets out the limitation periods within which the state may commence criminal prosecutions.”
State v. Sperou, 442 P.3d 581 (Or. 2019).
· cites it 2× “See former ORS 131.125(2) (2013), amended by Or. Laws 2015, ch.”
Abbott v. Baldwin, 36 P.3d 516 (Or. Ct. App. 2001).
· cites it 6× “105 provides that “[a] criminal action must be commenced within the period of limitation prescribed in ORS 131.125 to 131.155.” An examination of ORS 131.”
State v. Eladem, 414 P.3d 426 (Or. Ct. App. 2018).
· cites it 13× “Defendant's first assignment of error raises the issue of whether the statute of limitations in ORS 131.125(2) (2013), amended by Or. Laws 2015, ch.”
State v. Harberts, 108 P.3d 1201 (Or. Ct. App. 2005).
· cites it 9× “According to defendant, “[u]nder the 1989 version of ORS 131.125, [defendant] could be charged and convicted only if the evidence showed that his offense occurred within three years of the date of the commission of the offense.”
State v. Sauls, 106 P.3d 659 (Or. Ct. App. 2005).
· cites it 12× “n for any of the following misdemeanors may be commenced within four years after the commission of the crime or, if the victim at the time of the crime was under 18 years of age, anytime before the victim attains 22 years of age or within four years after the offense is reported…”
State v. Wimber, 843 P.2d 424 (Or. 1992).
· cites it 4× “ORS 131.125 (1987). ORS 131.125 was amended in 1989 to provide a six-year statute of limitations for rape, sodomy, sexual abuse, and similar offenses "if the victim, at the time of the crime, was under 18 years of age.”
Hall v. Lampert, 100 P.3d 1138 (Or. Ct. App. 2004).
· cites it 13× “After his conviction on all charges, he sought post-conviction relief, claiming that his counsel was constitutionally inadequate for failing to move to dismiss four of the charges on grounds that they were barred by a six-year statute of limitations, pursuant to ORS 131.125(2).…”
— Or. Rev. Stat. § 131.125(1) — 4 cases
Lamb v. Coursey, 243 P.3d 130 (Or. Ct. App. 2010).
“125(6). In that light, we find significant that, when the legislature wants to refer to an attempt offense, it does so by the employment of statutory wording that readily reflects that desire.”
— Or. Rev. Stat. § 131.125(2) — 26 cases
State v. Walker, 86 P.3d 690 (Or. Ct. App. 2004).
“The purpose of the amendment was to address the fact that “[i]n sexually related offenses, a child may be too young to understand that sexual activity is a reportable offense, too intimidated to report, or simply unable to report outside the family unit.”
State v. Cookman, 873 P.2d 335 (Or. Ct. App. 1994).
“[2] The legislature expressly declared that it intended the six-year limitation to apply to crimes committed before the effective date of the amendment: "The amendments to ORS 131.125 by section 1 of this Act apply to all causes of action whether arising before, on or after the…”
State v. Sperou, 442 P.3d 581 (Or. 2019).
“See former ORS 131.125(2) (2013), amended by Or. Laws 2015, ch.”
State v. Eladem, 414 P.3d 426 (Or. Ct. App. 2018).
“Defendant's first assignment of error raises the issue of whether the statute of limitations in ORS 131.125(2) (2013), amended by Or. Laws 2015, ch.”
Hall v. Lampert, 100 P.3d 1138 (Or. Ct. App. 2004).
“After his conviction on all charges, he sought post-conviction relief, claiming that his counsel was constitutionally inadequate for failing to move to dismiss four of the charges on grounds that they were barred by a six-year statute of limitations, pursuant to ORS 131.125(2).…”
— Or. Rev. Stat. § 131.125(2)(a) — 13 cases
State v. Cookman, 920 P.2d 1086 (Or. 1996).
“[1] *1088 Specifically, defendant argued that his prosecution was barred by the three-year statute of limitations that was in effect when he allegedly committed the crimes, ORS 131.125 (1985). After that three-year period had expired, the legislature amended ORS 131.”
State v. Harberts, 108 P.3d 1201 (Or. Ct. App. 2005).
“According to defendant, “[u]nder the 1989 version of ORS 131.125, [defendant] could be charged and convicted only if the evidence showed that his offense occurred within three years of the date of the commission of the offense.”
— Or. Rev. Stat. § 131.125(2)(b) — 4 cases
— Or. Rev. Stat. § 131.125(2)(c) — 2 cases
— Or. Rev. Stat. § 131.125(2)(d) — 3 cases
Lamb v. Coursey, 243 P.3d 130 (Or. Ct. App. 2010).
“125(6). In that light, we find significant that, when the legislature wants to refer to an attempt offense, it does so by the employment of statutory wording that readily reflects that desire.”
— Or. Rev. Stat. § 131.125(2)(g) — 1 case
State v. Walker, 86 P.3d 690 (Or. Ct. App. 2004).
“The purpose of the amendment was to address the fact that “[i]n sexually related offenses, a child may be too young to understand that sexual activity is a reportable offense, too intimidated to report, or simply unable to report outside the family unit.”
— Or. Rev. Stat. § 131.125(2)(j) — 1 case
Abbott v. Baldwin, 36 P.3d 516 (Or. Ct. App. 2001).
“105 provides that “[a] criminal action must be commenced within the period of limitation prescribed in ORS 131.125 to 131.155.” An examination of ORS 131.”
— Or. Rev. Stat. § 131.125(2)(k) — 3 cases
State v. Harberts, 108 P.3d 1201 (Or. Ct. App. 2005).
“According to defendant, “[u]nder the 1989 version of ORS 131.125, [defendant] could be charged and convicted only if the evidence showed that his offense occurred within three years of the date of the commission of the offense.”
Abbott v. Baldwin, 36 P.3d 516 (Or. Ct. App. 2001).
“105 provides that “[a] criminal action must be commenced within the period of limitation prescribed in ORS 131.125 to 131.155.” An examination of ORS 131.”
— Or. Rev. Stat. § 131.125(3) — 5 cases
State v. Sauls, 106 P.3d 659 (Or. Ct. App. 2005).
“n for any of the following misdemeanors may be commenced within four years after the commission of the crime or, if the victim at the time of the crime was under 18 years of age, anytime before the victim attains 22 years of age or within four years after the offense is reported…”
State v. Tannehill, 141 P.3d 584 (Or. 2006).
“ORS 131.125 (2001) 1 sets out the limitation periods within which the state may commence criminal prosecutions.”
— Or. Rev. Stat. § 131.125(3)(a) — 4 cases
State v. Sauls, 106 P.3d 659 (Or. Ct. App. 2005).
“n for any of the following misdemeanors may be commenced within four years after the commission of the crime or, if the victim at the time of the crime was under 18 years of age, anytime before the victim attains 22 years of age or within four years after the offense is reported…”
State v. Tannehill, 141 P.3d 584 (Or. 2006).
“ORS 131.125 (2001) 1 sets out the limitation periods within which the state may commence criminal prosecutions.”
— Or. Rev. Stat. § 131.125(4) — 1 case
— Or. Rev. Stat. § 131.125(5) — 1 case
— Or. Rev. Stat. § 131.125(5)(a) — 4 cases
— Or. Rev. Stat. § 131.125(5)(b) — 2 cases
— Or. Rev. Stat. § 131.125(5)(c) — 1 case
— Or. Rev. Stat. § 131.125(6) — 10 cases
Lamb v. Coursey, 243 P.3d 130 (Or. Ct. App. 2010).
“125(6). In that light, we find significant that, when the legislature wants to refer to an attempt offense, it does so by the employment of statutory wording that readily reflects that desire.”
— Or. Rev. Stat. § 131.125(6)(a) — 11 cases
— Or. Rev. Stat. § 131.125(6)(b) — 14 cases
— Or. Rev. Stat. § 131.125(7) — 3 cases
State v. Tannehill, 141 P.3d 584 (Or. 2006).
“ORS 131.125 (2001) 1 sets out the limitation periods within which the state may commence criminal prosecutions.”
— Or. Rev. Stat. § 131.125(7)(a) — 4 cases
— Or. Rev. Stat. § 131.125(7)(b) — 2 cases
State v. Tannehill, 141 P.3d 584 (Or. 2006).
“ORS 131.125 (2001) 1 sets out the limitation periods within which the state may commence criminal prosecutions.”
— Or. Rev. Stat. § 131.125(8) — 5 cases
— Or. Rev. Stat. § 131.125(8)(a) — 6 cases
— Or. Rev. Stat. § 131.125(8)(b) — 1 case
— Or. Rev. Stat. § 131.125(9)(a) — 1 case
— Or. Rev. Stat. § 131.125(k) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.