161.155
Criminal liability for conduct of another. A person is criminally liable for the conduct of
another person constituting a crime if:
(1) The person is
made criminally liable by the statute defining the crime; or
(2) With the
intent to promote or facilitate the commission of the crime the person:
(a) Solicits or
commands such other person to commit the crime; or
(b) Aids or abets
or agrees or attempts to aid or abet such other person in planning or
committing the crime; or
(c) Having a
legal duty to prevent the commission of the crime, fails to make an effort the
person is legally required to make. [1971 c.743 §13]
Notes of Decisions
Cited in
176
cases (
36 in the last 5 years), 1973–2026 · leading case:
State v. Pine, 82 P.3d 130 (Or. 2003).
State v. Pine, 82 P.3d 130 (Or. 2003).
· cites it 18× “) ORS 161.155 provides, in part: “A person is criminally liable for the conduct of another person constituting a crime if: “(1) The person is made criminally liable by the statute defining the crime; or “(2) With the intent to promote or facilitate the commission of the crime…”
State v. Oatney, 66 P.3d 475 (Or. 2003).
· cites it 10× “440 provides that an "accomplice" is "a witness in a criminal action who, according to the evidence adduced in the action, is criminally liable for the conduct of the defendant under ORS 161.155 and 161.165." [9] ORS 161.155 provides that one who solicits, commands, aids, or…”
State v. Pine, 45 P.3d 151 (Or. Ct. App. 2002).
· cites it 34× “]" ORS 161.155 provides, in relevant part: "A person is criminally liable for the conduct of another person constituting a crime if: "* * * * * "(2) With the intent to promote or facilitate the commission of the crime the person: "* * * * * "(b) Aids or abets or agrees or…”
State v. Lopez-Minjarez, 237 P.3d 223 (Or. Ct. App. 2010).
· cites it 12× “” Defendant asserts that the trial court’s instruction not only was inconsistent with ORS 161.155, which defines accomplice liability, but also violated his Sixth Amendment jury trial right, his right to due process under the Fourteenth Amendment, and (in a footnote) his jury…”
State v. Phillips, 317 P.3d 236 (Or. 2013).
· cites it 7× “See ORS 161.155 (defining liability for aiding and abetting another person’s commission of a crime).”
State v. Lopez-Minjarez, 260 P.3d 439 (Or. 2011).
· cites it 6× “The legislature has codified the principles for accomplice liability in ORS 161.155. That statute provides, in part: “A person is criminally liable for the conduct of another person constituting a crime if: ‡ ‡ ‡ ‡ “(2) With the intent to promote or facilitate the commission of…”
Walraven v. Premo, 372 P.3d 1 (Or. Ct. App. 2016).
· cites it 8× “Lopez-Minjarez, 350 Or 576 , 260 P3d 439 (2011)—which allows a factfinder to find a defendant guilty for a crime that is “the natural and probable consequence” of an underlying crime, relieves the factfinder of finding that the defendant intended the consequential crime, as…”
Gonzales v. Duenas-Alvarez, 549 U.S. 183 (2007).
· cites it 2× “2d 940, 947-948 (2002); Ore.Rev.Stat. § 161.155; State v. Pine, 336 Ore.”
Wade v. Brockamp, 342 P.3d 142 (Or. Ct. App. 2015).
· cites it 11× “150, which provides that “[a] person is guilty of a crime if it is committed by the person’s own conduct or by the conduct of another for which the person is criminally liable, or both[,]” and ORS 161.155, which provides, in part: “A person is criminally liable for the conduct…”
State v. Kimbrough, 431 P.3d 76 (Or. 2018).
· cites it 5× “The defendant's substantial step must be toward the crime that he intends personally to commit, not a crime that will be committed by someone else. Before discussing some of the additional support for the rule we adopt, we must lay the groundwork by making a brief digression…”
State v. Barboe, 290 P.3d 833 (Or. Ct. App. 2012).
· cites it 7× “Specifically, in announcing its verdict, the trial court stated: “Under ORS 161.155, a person is liable as the principal for aiding and abetting, planning or committing a crime.”
State v. Wilson, 248 P.3d 10 (Or. Ct. App. 2011).
· cites it 7× “We proceed to the merits: Did the trial court err in convicting defendant on the theory that he “Aid[ed] or Abett[ed] after the fact” in the second-degree theft? ORS 161.155 provides, in part: “A person is criminally liable for the conduct of another person constituting a crime…”
Or. Rev. Stat. § 161.155(1): 2 cases
State v. Pine, 82 P.3d 130 (Or. 2003).
“) ORS 161.155 provides, in part: “A person is criminally liable for the conduct of another person constituting a crime if: “(1) The person is made criminally liable by the statute defining the crime; or “(2) With the intent to promote or facilitate the commission of the crime…”
Or. Rev. Stat. § 161.155(1)(a): 2 cases
Or. Rev. Stat. § 161.155(1)(b): 1 case
Or. Rev. Stat. § 161.155(2): 24 cases
Wade v. Brockamp, 342 P.3d 142 (Or. Ct. App. 2015).
“150, which provides that “[a] person is guilty of a crime if it is committed by the person’s own conduct or by the conduct of another for which the person is criminally liable, or both[,]” and ORS 161.155, which provides, in part: “A person is criminally liable for the conduct…”
State v. Pine, 82 P.3d 130 (Or. 2003).
“) ORS 161.155 provides, in part: “A person is criminally liable for the conduct of another person constituting a crime if: “(1) The person is made criminally liable by the statute defining the crime; or “(2) With the intent to promote or facilitate the commission of the crime…”
Or. Rev. Stat. § 161.155(2)(a): 6 cases
State v. Pine, 82 P.3d 130 (Or. 2003).
“) ORS 161.155 provides, in part: “A person is criminally liable for the conduct of another person constituting a crime if: “(1) The person is made criminally liable by the statute defining the crime; or “(2) With the intent to promote or facilitate the commission of the crime…”
Or. Rev. Stat. § 161.155(2)(b): 68 cases
State v. Pine, 82 P.3d 130 (Or. 2003).
“) ORS 161.155 provides, in part: “A person is criminally liable for the conduct of another person constituting a crime if: “(1) The person is made criminally liable by the statute defining the crime; or “(2) With the intent to promote or facilitate the commission of the crime…”
State v. Pine, 45 P.3d 151 (Or. Ct. App. 2002).
“]" ORS 161.155 provides, in relevant part: "A person is criminally liable for the conduct of another person constituting a crime if: "* * * * * "(2) With the intent to promote or facilitate the commission of the crime the person: "* * * * * "(b) Aids or abets or agrees or…”
State v. Phillips, 317 P.3d 236 (Or. 2013).
“See ORS 161.155 (defining liability for aiding and abetting another person’s commission of a crime).”
State v. Wilson, 248 P.3d 10 (Or. Ct. App. 2011).
“We proceed to the merits: Did the trial court err in convicting defendant on the theory that he “Aid[ed] or Abett[ed] after the fact” in the second-degree theft? ORS 161.155 provides, in part: “A person is criminally liable for the conduct of another person constituting a crime…”
Or. Rev. Stat. § 161.155(2)(c): 3 cases
Or. Rev. Stat. § 161.155(l)(b): 1 case
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