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Oregon Revised Statutes

Or. Rev. Stat. § 153.008 (2026)

Violations described

✓ current as of May 2026
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      153.008 Violations described. (1) Except as provided in subsection (2) of this section, an offense is a violation if any of the following apply:

      (a) The offense is designated as a violation in the statute defining the offense.

      (b) The statute prescribing the penalty for the offense provides that the offense is punishable by a fine but does not provide that the offense is punishable by a term of imprisonment. The statute may provide for punishment in addition to a fine as long as the punishment does not include a term of imprisonment.

      (c) The offense is created by an ordinance of a county, city, district or other political subdivision of this state with authority to create offenses, and the ordinance provides that violation of the ordinance is punishable by a fine but does not provide that the offense is punishable by a term of imprisonment. The ordinance may provide for punishment in addition to a fine as long as the punishment does not include a term of imprisonment.

      (d) The prosecuting attorney has elected to treat the offense as a violation for purposes of a particular case in the manner provided by ORS 161.566.

      (e) The court has elected to treat the offense as a violation for purposes of a particular case in the manner provided by ORS 161.568.

      (2) Conviction of a violation does not give rise to any disability or legal disadvantage based on conviction of a crime. [1999 c.1051 §3]

Notes of Decisions
Cited in 60 cases (12 in the last 5 years), 2001–2026 · leading case: Harris v. Dep't of Pub. Saf. Standards & Training, 400 P.3d 1032 (Or. Ct. App. 2017).
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Harris v. Dep't of Pub. Saf. Standards & Training, 400 P.3d 1032 (Or. Ct. App. 2017). · cites it 5× “1 Again, OAR 259-008-0070(3)(a) begins by stating that DPSST “must deny or revoke the certification of any public safety professional * * * upon a finding that * * * [t]he public safety professional has been convicted in this state of any of the following offenses” (Emphasis…”
State v. Swanson, 266 P.3d 45 (Or. 2011). · cites it 4× “515, or a violation, as described in ORS 153.008.” ORS 161.505. Under ORS 153.”
Eslamizar, 23 I. & N. Dec. 684 (BIA 2004). · cites it 2× “” Or. Rev. Stat. § 153.008 (2) (2003). Moreover, pursuant to section 153.”
State v. Coughlin, 311 P.3d 988 (Or. Ct. App. 2013). · cites it 5× “515, or a violation, as described in ORS 153.008.” Contempt is not a crime, defendant argues, because it is neither a felony nor a misdemeanor.”
State v. Benoit, 311 P.3d 874 (Or. 2013). · cites it 2× “030(1) specifies that “[t]he procedures provided for in [ORS chapter 153] apply” to the prosecution of all violations described in ORS 153.008. ORS chapter 153, as we have noted, eliminates trial by jury and certain other rights of criminal defendants in violation proceedings,…”
State v. Carlton, 388 P.3d 1093 (Or. 2017). “515, or a violation, as described in ORS 153.008. ORS 161.515 provides that a “crime” is “an offense for which a sentence of imprisonment is authorized.”
State v. Litscher, 142 P.3d 549 (Or. Ct. App. 2006). · cites it 3× “505 defines an “offense” as “conduct for which a sentence to a term of imprisonment or to a fine is provided” by law.”
City of Lowell v. Wilson, 105 P.3d 856 (Or. Ct. App. 2005). · cites it 2× “005(2); ORS 153.008. 17 In this instance, 18 the “particular controls over the general” maxim is instructive— and, indeed, conclusive: ORS 221.”
State Ex Rel. Juv. Dept. v. Fitch, 84 P.3d 190 (Or. Ct. App. 2004). · cites it 2× “505 provides, in part, that "[a]n offense is either a crime * * * or a violation, as described in ORS 153.008." (Emphasis added.) ORS 153.008 provides, in part: "(1) * * * an offense is a violation if any of the following apply: "* * * * * "(b) The statute prescribing the…”
State v. Andrews, 456 P.3d 261 (Or. 2020). “As relevant here, the restitution stat- ute provides: “When a person is convicted of a crime, or a violation as described in ORS 153.008, that has resulted in economic damages, the district attorney shall investigate and pres- ent to the court * * * evidence of the nature and…”
State v. Gallegos, 460 P.3d 529 (Or. Ct. App. 2020). “106(1)(a) provides, in part, “When a person is convicted of a crime, or a violation as described in ORS 153.008, that has resulted in economic dam- ages, the district attorney shall investigate and present to the court, at the time of sentencing or within 90 days after entry of…”
State v. Sawatzky, 125 P.3d 722 (Or. 2005). “515, or a violation, as described in ORS 153.008.” 9 The Court observes in Apprendi : “[The defendant] has not here asserted a constitutional claim based on the omission of any reference to sentence enhancement or racial bias in the indictment.”
Show all 60 citing cases →
— Or. Rev. Stat. § 153.008(1) — 3 cases
State v. Litscher, 142 P.3d 549 (Or. Ct. App. 2006). “505 defines an “offense” as “conduct for which a sentence to a term of imprisonment or to a fine is provided” by law.”
State v. Coughlin, 311 P.3d 988 (Or. Ct. App. 2013). “515, or a violation, as described in ORS 153.008.” Contempt is not a crime, defendant argues, because it is neither a felony nor a misdemeanor.”
Chriswisser v. Pitts, 310 P.3d 1162 (Or. Ct. App. 2013).
— Or. Rev. Stat. § 153.008(1)(b) — 1 case
State v. Lindquist, 86 P.3d 103 (Or. Ct. App. 2004).
— Or. Rev. Stat. § 153.008(1)(d) — 3 cases
City of Eugene v. Morrison, 333 Or. App. 730 (Or. Ct. App. 2024).
City of Eugene v. Morrison (Or. Ct. App. 2024).
City of Eugene v. Morrison (Or. Ct. App. 2024).
— Or. Rev. Stat. § 153.008(2) — 7 cases
Harris v. Dep't of Pub. Saf. Standards & Training, 400 P.3d 1032 (Or. Ct. App. 2017). “1 Again, OAR 259-008-0070(3)(a) begins by stating that DPSST “must deny or revoke the certification of any public safety professional * * * upon a finding that * * * [t]he public safety professional has been convicted in this state of any of the following offenses” (Emphasis…”
In Re Complaint as to the Conduct of Kimmell, 31 P.3d 414 (Or. 2001).
State v. Swanson, 266 P.3d 45 (Or. 2011). “515, or a violation, as described in ORS 153.008.” ORS 161.505. Under ORS 153.”
Washington Cnty. Police Officers' Ass'n v. Washington Cnty., 45 P.3d 515 (Or. Ct. App. 2002).
State v. Dahl, 57 P.3d 965 (Or. Ct. App. 2002).
— Or. Rev. Stat. § 153.008(l)(a) — 1 case
City of Lowell v. Wilson, 105 P.3d 856 (Or. Ct. App. 2005). “005(2); ORS 153.008. 17 In this instance, 18 the “particular controls over the general” maxim is instructive— and, indeed, conclusive: ORS 221.”
— Or. Rev. Stat. § 153.008(l)(b) — 3 cases
State v. Warner, 112 P.3d 464 (Or. Ct. App. 2005).
State v. Coughlin, 311 P.3d 988 (Or. Ct. App. 2013). “515, or a violation, as described in ORS 153.008.” Contempt is not a crime, defendant argues, because it is neither a felony nor a misdemeanor.”
State v. Roeder, 147 P.3d 363 (Or. Ct. App. 2006).
— Or. Rev. Stat. § 153.008(l)(c) — 1 case
State v. Roberts, 296 P.3d 603 (Or. Ct. App. 2013).
— Or. Rev. Stat. § 153.008(l)(d) — 2 cases
State v. Benoit, 311 P.3d 874 (Or. 2013). “030(1) specifies that “[t]he procedures provided for in [ORS chapter 153] apply” to the prosecution of all violations described in ORS 153.008. ORS chapter 153, as we have noted, eliminates trial by jury and certain other rights of criminal defendants in violation proceedings,…”
State v. Turudic, 399 P.3d 1041 (Or. Ct. App. 2017).
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