Oregon Revised Statutes
Or. Rev. Stat. § 161.160 (2026)
Exclusion of defenses to criminal liability for conduct of another
✓ current as of May 2026
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161.160 Exclusion of defenses to criminal liability for conduct of another. In any prosecution for a crime in which criminal liability is based upon the conduct of another person pursuant to ORS 161.155, it is no defense that:
(1) Such other person has not been prosecuted for or convicted of any crime based upon the conduct in question or has been convicted of a different crime or degree of crime; or
(2) The crime, as defined, can be committed only by a particular class or classes of persons to which the defendant does not belong, and the defendant is for that reason legally incapable of committing the crime in an individual capacity. [1971 c.743 §14]
Notes of Decisions
Cited in 7
cases, 1975–2010 · leading case: Standefer v. United States, 447 U.S. 10 (1980).
Standefer v. United States, 447 U.S. 10 (1980). “03 (1979); Ore. Rev. Stat. § 161.160 (1979); Vt. Stat.”
State v. Pine, 45 P.3d 151 (Or. Ct. App. 2002). “155, it is no defense that: "(1) Such other person has not been prosecuted for or convicted of any crime based upon the conduct in question or has been convicted of a different crime or degree of crime[.”
State v. Petry, 273 S.E.2d 346 (W. Va. 1980). “§ 702-225 (1976); Idaho Code § 19-1431 (1979); Mass.Gen.Laws Ann. ch. 274 § 3 (1970); Minn.”
State v. Rader, 228 P.3d 552 (Or. 2010). “ORS 161.160(2). However, it will become a Class C felony if, among other things: “The assault is committed in the immediate presence of, or is witnessed by, the person’s or the victim’s minor child or stepchild or a minor child residing within the household of the person or…”
State v. Flajole, 129 P.3d 770 (Or. Ct. App. 2006). “125 (1971) (in “prosecution for an offense,” intoxication is not a defense to a criminal charge, but evidence that the defendant was intoxicated may be offered by the defendant whenever it is relevant to negative *301 an element of the crime charged); ORS 161.160 (1971)…”
State v. Schindler, 531 P.2d 915 (Or. Ct. App. 1975). “155 and ORS 161.160(1): “A person is criminally liable for the conduct of another person constituting a crime if with the intent to promote or facilitate the commission of the crime he solicits or commands such other *410 person to commit the crime.”
D'Amico v. Peterson, 754 P.2d 19 (Or. Ct. App. 1988). “The court expressly directs that final judgment be entered with respect to [petitioner’s] claims with respect to the imposition of the ORS 161.160 gun mininum and that the other claims in the Third Amended Formal Petition for Post-Conviction Relief be dismissed without prejudice.”
— Or. Rev. Stat. § 161.160(1) — 2 cases
State v. Pine, 45 P.3d 151 (Or. Ct. App. 2002). “155, it is no defense that: "(1) Such other person has not been prosecuted for or convicted of any crime based upon the conduct in question or has been convicted of a different crime or degree of crime[.”
State v. Schindler, 531 P.2d 915 (Or. Ct. App. 1975). “155 and ORS 161.160(1): “A person is criminally liable for the conduct of another person constituting a crime if with the intent to promote or facilitate the commission of the crime he solicits or commands such other *410 person to commit the crime.”
— Or. Rev. Stat. § 161.160(2) — 1 case
State v. Rader, 228 P.3d 552 (Or. 2010). “ORS 161.160(2). However, it will become a Class C felony if, among other things: “The assault is committed in the immediate presence of, or is witnessed by, the person’s or the victim’s minor child or stepchild or a minor child residing within the household of the person or…”
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