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Oregon Revised Statutes

Or. Rev. Stat. § 135.100 (2026)

Statement of defendant

✓ current as of May 2026
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      135.100 Statement of defendant. If the defendant chooses to make a statement, the magistrate shall take it in a recorded proceeding without oath, and shall put to the defendant the following questions only:

      (1) What is your name and age?

      (2) Where were you born?

      (3) Where do you reside and how long have you resided there?

      (4) What is your business or occupation?

      (5) Give any explanation you think proper of the circumstances appearing in the testimony against you and state any facts which you think will tend to your exculpation. [Formerly 133.690; 1991 c.790 §12]

Notes of Decisions
Cited in 2 cases, 1986–1999 · leading case: State v. Smith, 725 P.2d 894 (Or. 1986).
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State v. Smith, 725 P.2d 894 (Or. 1986). · cites it 2× “" ORS 135.100(3)(a): "The statement of the defendant shall be reduced to writing by the magistrate or under the direction of the magistrate and authenticated in the following form: (a) It shall set forth that the defendant was informed of the rights of the defendant, as provided…”
State v. Vasquez-Hernandez, 977 P.2d 400 (Or. Ct. App. 1999). · cites it 2× “Approximately two and a half days after the arrest, the police officers came to his room and took a statement. By this time, the Defendant should have been arraigned, either under the Oregon Statutes or the Riverside case and advised of and appointed an attorney.”
— Or. Rev. Stat. § 135.100(3)(a) — 1 case
State v. Smith, 725 P.2d 894 (Or. 1986). “" ORS 135.100(3)(a): "The statement of the defendant shall be reduced to writing by the magistrate or under the direction of the magistrate and authenticated in the following form: (a) It shall set forth that the defendant was informed of the rights of the defendant, as provided…”
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