136.427
Confessions; corroboration not required; notice; hearing. (1) A confession alone is
sufficient to warrant the conviction of the defendant without some other proof
that the crime has been committed if:
(a) The state
files notice in accordance with subsection (3) of this section;
(b) The defendant
is charged with a crime listed in ORS 163A.005;
(c) The victim of
the crime is a vulnerable person;
(d) The victim is
incompetent to testify under ORS 40.310;
(e) The
confession is made to a peace officer or a federal officer, as those terms are
defined in ORS 133.005, or to an individual conducting an investigation under
ORS 430.745, while the officer or individual is acting in the course of
official duty; and
(f) The court
finds that there is sufficient evidence to establish the trustworthiness of the
confession.
(2) In making the
determination described in subsection (1)(f) of this section, the court shall
consider the following factors, in addition to other factors the court
considers important:
(a) Whether there
is evidence demonstrating the truthfulness of portions of the confession;
(b) Whether the
defendant had the opportunity to commit the crime;
(c) The method of
interrogation used to solicit the confession; and
(d) Whether the
defendant is a vulnerable person.
(3) The state
shall file notice of the intention to rely on this section within 60 days of
the arraignment, or of the defendant’s entry of the initial plea on an
accusatory instrument, whichever is sooner. The court shall grant the state an
extension for good cause shown.
(4) When the
state files the notice described in subsection (3) of this section, the court
shall conduct a hearing prior to trial. After the hearing, the court shall
enter an order that indicates whether the confession alone is sufficient to
warrant the conviction of the defendant without some other proof that the crime
has been committed.
(5) As used in
this section:
(a) “Activities
of daily living” includes dressing, eating, toileting, bathing, exercising
appropriate personal hygiene practices and moving from place to place.
(b) “Vulnerable
person” means:
(A) A person
under 18 years of age;
(B) A person 65
years of age or older;
(C) A person who
meets the medical criteria for the receipt of services from a community program
or facility as those terms are defined in ORS 430.735;
(D) A person with
a developmental disability as that term is defined in ORS 40.460 (18a)(d); or
(E) A person who,
as the result of a diagnosed medical condition, requires assistance in two or
more activities of daily living. [2009 c.875 §2]
Note: 136.427 was enacted into law by
the Legislative Assembly but was not added to or made a part of ORS chapter 136
or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
Notes of Decisions
Cited in
11
cases (
3 in the last 5 years), 2010–2024 · leading case:
State v. Moreno, 366 P.3d 839 (Or. Ct. App. 2016).
State v. Moreno, 366 P.3d 839 (Or. Ct. App. 2016).
· cites it 2× “425(2) provides, “Except as provided in ORS 136.427, a confession alone is not sufficient to warrant the conviction of the defendant without some other proof that the crime has been committed.”
State v. Delp, 441 P.3d 590 (Or. Ct. App. 2019).
“427, to provide an exception to that rule when, among other requirements, the defendant is charged with a sex crime, the victim is a vulnerable person, the victim is incompetent to testify, and the court finds that there is "sufficient evidence to establish the trustworthiness…”
State v. Kelley, 243 P.3d 1195 (Or. Ct. App. 2010).
“The trial court erred in denying defendant’s motion for judgment of acquittal. Reversed. 1 In 2009, the legislature amended ORS 136.”
State v. Powell, 256 P.3d 185 (Or. Ct. App. 2011).
· cites it 2× “425 moved that provision to a new subsection (2) of the statute and added that the corroboration requirement applied “!e]xcept as provided in ORS 136.427.” ORS 136.427, in turn, lists crimes for which a “confession alone is sufficient to warrant the conviction of the defendant…”
State v. Barbero, 442 P.3d 224 (Or. Ct. App. 2019).
· cites it 2× “425 codified Oregon's corpus delicti law on confessions and corroboration and states, in part: "(2) Except as provided in ORS 136.427, a confession alone is not sufficient to warrant the conviction of the defendant without some other proof that the crime has been committed.”
State v. Judd, 457 P.3d 316 (Or. Ct. App. 2019).
“425(2) speaks to the sufficiency of the evidence needed to support a conviction: 2 Below, the state argued that defendant had waived the OEC 504 privilege, but the trial court did not reach the issue of waiver after it concluded that the elder abuse statutes abrogated the…”
State v. Wenning, 386 P.3d 1 (Or. Ct. App. 2016).
“425(2) provides: “Except as provided in ORS 136.427, a confession alone is not sufficient to warrant the conviction of the defendant without some other proof that the crime has been committed.”
State v. Hurtado, 401 P.3d 1279 (Or. Ct. App. 2017).
“Or Law 2009, ch 875, § 1; see also ORS 136.427 (setting forth those circumstances).”
State v. McLarrin, 513 P.3d 40 (Or. Ct. App. 2022).
“Specifically, defendant argued that the only evidence that the state provided that would have supported a conviction of defendant for failing to register within 10 days was a con- fession, which, under ORS 136.427, “alone is not sufficient to prove [an] element.”
State v. Chan-May, 328 Or. App. 637 (Or. Ct. App. 2023).
“In one assignment of error, defendant contends for the first time that the court erred because the Due Process Clause of the United States Constitution required application of the corpus delicti rule to his confession for having violated a condition of his probation.”
State v. Serrano, 331 Or. App. 643 (Or. Ct. App. 2024).
“425(2) provides: “Except as provided in ORS 136.427, a confession alone is not sufficient to warrant the conviction of the defendant without some other proof that the crime has been committed.”
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