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Oregon Revised Statutes

Or. Rev. Stat. § 135.717 (2026)

Time of crime

✓ current as of May 2026
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      135.717 Time of crime. The precise time at which the offense was committed need not be stated in the accusatory instrument, but it may be alleged to have been committed at any time before the finding thereof and within the time in which an action may be commenced therefor, except where the time is a material element in the offense. [Formerly 132.610]

Notes of Decisions
Cited in 16 cases (4 in the last 5 years), 1981–2026 · leading case: State v. Wimber, 843 P.2d 424 (Or. 1992).
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State v. Wimber, 843 P.2d 424 (Or. 1992). · cites it 4× “550(6) [13] and ORS 135.717 [14] (establishing time-related requirements for indictment).”
State v. Long, 885 P.2d 696 (Or. 1994). · cites it 5× “ORS 135.717 provides: “The precise time at which [a criminal] offense was committed need not be stated in the accusatory instrument, but it may be alleged to have been committed at any time before the finding thereof and within the time in which an action may be commenced…”
State v. Milbradt, 756 P.2d 620 (Or. 1988). · cites it 2× “ORS 135.717. 4 Time *632 is not a material element of rape or sexual abuse and the trial judge correctly denied defendant’s demurrer with respect to the remaining two counts.”
State v. Arriaga-Mendoza, 504 P.3d 703 (Or. Ct. App. 2021). · cites it 2× “Arriaga-Mendoza A charging instrument need not include the precise time that a crime was committed unless “time is a mate- rial element of the offense.”
State v. Hill, 373 P.3d 162 (Or. Ct. App. 2016). “713 (providing that neither presumptions of law nor judicially noticeable facts need be pleaded); ORS 135.717 (providing that the precise time of a crime need not be alleged); ORS 135.”
Yeager v. Maass, 763 P.2d 184 (Or. Ct. App. 1988). “ORS 135.717. The state questioned the victim about petitioner’s sexual contact with her during that three-year period.”
State v. Stavenjord, 415 P.3d 1143 (Or. Ct. App. 2018). “See ORS 135.717 (regarding charging of dates); State v.”
State v. Ribas, 374 Or. 750 (Or. 2026). · cites it 12× “Defendant further con- tended that, even though the indictment alleged that defen- dant had committed the offense “on or about” February 25, time is a “material element” of this offense within the meaning of that phrase in ORS 135.717 because failure to report is an offense that…”
State v. Tidyman, 635 P.2d 1355 (Or. Ct. App. 1981). “ORS 135.717 provides: "The precise time at which the crime was committed need not be stated in the accusatory instrument, but it may be alleged to have been committed at any time before the finding thereof and within the time in which an action may be commenced therefor, except…”
State v. Wood, 827 P.2d 924 (Or. Ct. App. 1992). “” The indictment alleged that defendant raped his daughter “between December, 1977, and July, 1978.”
State v. Sohn, 810 P.2d 1337 (Or. Ct. App. 1991). “) Defendant argues that the effect of changing the dates in the instruction was to amend a material allegation of the indictment and that the amendment prejudiced her preparation of a defense.”
State v. Baldeagle, 961 P.2d 264 (Or. Ct. App. 1998). “ORS 135.717 provides: “The precise time at which the offense was committed need not be stated in the accusatory instrument, but it may be alleged to have been committed at any time before the finding thereof and within the time in which an action may be commenced therefor,…”
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