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Oregon Revised Statutes

Or. Rev. Stat. § 161.313 (2026)

Jury instructions; insanity

✓ current as of May 2026
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      161.313 Jury instructions; insanity. When the issue of insanity under ORS 161.295 is submitted to be determined by a jury in the trial court, the court shall instruct the jury in accordance with ORS 161.327. [1983 c.800 §16]

Notes of Decisions
Cited in 11 cases (1 in the last 5 years), 1994–2022 · leading case: State v. George, 97 P.3d 656 (Or. 2004).
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State v. George, 97 P.3d 656 (Or. 2004). · cites it 50× “During the trial, a controversy arose over the requirement of ORS 161.313 that, when a criminal defendant raises an insanity defense in a case being tried to a jury, the trial court "shall instruct the jury in accordance with ORS 161.”
Est. of Schwarz v. Philip Morris Inc., 135 P.3d 409 (Or. Ct. App. 2006). · cites it 14× “As a result, ORS 161.313 required the trial court to "instruct the jury in accordance with ORS 161.”
State v. Amini, 963 P.2d 65 (Or. Ct. App. 1998). · cites it 20× “ORS 161.313 provides: "When the issue of insanity under ORS 161.”
State v. Amini, 28 P.3d 1204 (Or. Ct. App. 2001). · cites it 16× “[1] ORS 161.313 provides that, when the issue of insanity under ORS 161.”
State v. Amini, 15 P.3d 541 (Or. 2000). · cites it 5× “[1] ORS 161.313 provides that, when the issue of insanity under ORS 161.”
State v. Amini, 15 P.3d 541 (Or. 2000). · cites it 5× “1 ORS 161.313 provides that, when the issue of insanity under ORS 161.”
State of Iowa v. Mark Daryl Becker, 818 N.W.2d 135 (Iowa 2012). “Or.Rev.Stat. Ann. § 161.313 (West, Westlaw through 2012 Reg.”
State v. George, 54 P.3d 619 (Or. Ct. App. 2002). · cites it 4× “According to defendant, under ORS 161.313 and ORS 161.327, the court was required to deliver the requested instruction.”
State v. Smith, 872 P.2d 966 (Or. 1994). · cites it 2× “Those instructions exacerbate the error, and violate the purpose of ORS 161.313. Those instructions in part were that: "If the defendant is found guilty except for insanity, the defendant is subject to the following dispositions by the Court: If the Court determines that the…”
State v. Brooks, 67 P.3d 426 (Or. Ct. App. 2003). “ORS 161.313. If the factfinder finds the defendant guilty except for insanity pursuant to ORS 161.”
State v. Horn-Garcia, 513 P.3d 47 (Or. Ct. App. 2022). “Amini, 175 Or App at 373-75, 383-86 (where the defendant was charged with aggravated murder and raised the defense of mental disease or defect constituting insanity, it did not violate his federal due process rights that the jury was instructed at length, as provided in ORS…”
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