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Oregon Revised Statutes

Or. Rev. Stat. § 136.415 (2026)

Presumption of innocence; acquittal in case of reasonable doubt

✓ current as of May 2026
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      136.415 Presumption of innocence; acquittal in case of reasonable doubt. A defendant in a criminal action is presumed to be innocent until the contrary is proved. In case of a reasonable doubt whether the guilt of the defendant is satisfactorily shown, the defendant is entitled to be acquitted. [Formerly 136.520]

Notes of Decisions
Cited in 40 cases (9 in the last 5 years), 1978–2026 · leading case: State v. Mayo, 465 P.3d 267 (Or. Ct. App. 2020).
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State v. Mayo, 465 P.3d 267 (Or. Ct. App. 2020). · cites it 4× “Under ORS 136.415, “[a] defendant in a crimi- nal action is presumed to be innocent until the contrary is proved.”
State v. Rainey, 693 P.2d 635 (Or. 1985). · cites it 8× “ORS 136.415 provides: "A defendant in a criminal action is presumed to be innocent until the contrary is proved.”
State v. Williams, 828 P.2d 1006 (Or. 1992). · cites it 6× “The sentences of death are vacated, and the case is remanded to the circuit court for further proceedings consistent with this opinion.”
State v. Boots, 848 P.2d 76 (Or. 1993). · cites it 4× “330(1) ("[t]he judge shall not instruct with respect to matters of fact, nor comment thereon"); OEC 201(g)(2) ("[i]n a criminal case, the court shall instruct the jury that it may, but is not required to, accept as conclusive any [adjudicative] fact [10] judicially noticed in…”
State v. Sperou, 442 P.3d 581 (Or. 2019). “**133 We also agree with defendant's contention that, where a defendant denies that any crime occurred, references to the complaining witness as a "victim" may undermine the presumption of defendant's innocence because it assumes defendant's guilt, a fact that is necessarily not…”
Stevens v. Bispham, 851 P.2d 556 (Or. 1993). · cites it 2× “001, and to have each element of the charge proved beyond a reasonable doubt, ORS 136.415. After conviction, the person is entitled to have a pre-sentence investigation to determine an appropriate sanction, ORS 137.”
State v. Montez, 789 P.2d 1352 (Or. 1990). · cites it 2× “He relies on ORS 136.415, which provides: "A defendant in a criminal action is presumed to be innocent until the contrary is proved.”
Watkins v. Ackley, 523 P.3d 86 (Or. 2022). “215; ORS 136.415. If a jury trial is used to determine a criminal defendant’s guilt or innocence, then fundamental fairness requires that the jury trial be one that incorporates any element that, according to “the traditions that have shaped our procedural rights” is essential…”
State v. Tucker, 845 P.2d 904 (Or. 1993). · cites it 2× “]" ORS 136.415 provides: "A defendant in a criminal action is presumed to be innocent until the contrary is proved.”
State v. Counts, 816 P.2d 1157 (Or. 1991). · cites it 4× “055; ORS 136.415. In other words, the requisite proof of "criminal conduct" is requisite proof of "guilt.”
State v. Castrejon, 856 P.2d 616 (Or. 1993). · cites it 2× “In case of a reasonable doubt whether the guilt of the defendant is satisfactorily shown, the defendant is entitled to be acquitted.”
State v. Douglas, 800 P.2d 288 (Or. 1990). · cites it 2× “[10] Next, defendant argues that the trial court erred in refusing to instruct the jury that the law presumes that he acted nondeliberately and reasonably and that he will be nonviolent in the future.”
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