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Oregon Revised Statutes

Or. Rev. Stat. § 161.319 (2026)

Form of verdict on guilty except for insanity

✓ current as of May 2026
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      161.319 Form of verdict on guilty except for insanity. When the defendant is found guilty except for insanity under ORS 161.295, the verdict and judgment shall so state. [1971 c.743 §43; 1977 c.380 §4; 1983 c.800 §4]

 

      161.320 [Repealed by 1971 c.743 §432]

Notes of Decisions
Cited in 19 cases, 1978–2005 · leading case: State v. Brooks, 67 P.3d 426 (Or. Ct. App. 2003).
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State v. Brooks, 67 P.3d 426 (Or. Ct. App. 2003). · cites it 4× “ORS 161.319; ORS 161.325. After entry of a judgment of guilty except for insanity, the court must determine whether the person must be immediately discharged from custody pursuant to ORS 161.”
State v. George, 97 P.3d 656 (Or. 2004). · cites it 2× “It provides: "(1) Following the entry of a judgment pursuant to ORS 161.319 and the dispositional determination under ORS 161.”
Tharp v. Psychiatric Sec. Review Bd., 110 P.3d 103 (Or. 2005). “295, ORS 161.319, and ORS 161.325. An initial interpretive question then is whether the phrase “mental disease or defect” has the same meaning under both sets of statutes — those that relate to trial court orders regarding judgments of “guilty except for insanity” and those that…”
State v. Gile, 985 P.2d 199 (Or. Ct. App. 1999). · cites it 2× “ORS 161.319; Or Laws 1971, ch 743, § 43. Because such a judgment was not a conviction, criminal costs could not be assessed against the acquitted defendant.”
State v. Counts, 816 P.2d 1157 (Or. 1991). · cites it 2× “The court then found that defendant had proved the defense of mental disease or defect and entered a judgment that defendant was guilty except for insanity of intentional murder.”
Martin v. Psychiatric Sec. Review Bd., 818 P.2d 1264 (Or. 1991). “327 provides in part: “(1) Following the entry of a judgment pursuant to ORS 161.319 and the dispositional determination under ORS 161.”
State v. Booth, 588 P.2d 614 (Or. 1978). “See ORS 161.319. The instruction also refers to "substantial responsibility,” a term not found in any relevant statute.”
State v. George, 54 P.3d 619 (Or. Ct. App. 2002). “327, in turn, provides, at some length: *587 “(1) Following the entry of a judgment pursuant to ORS 161.319 and the dispositional determination under ORS 161.”
Adams v. Psychiatric Sec. Review Bd., 621 P.2d 572 (Or. 1980). “336(1) which provided: "Following the entiy of a judgment pursuant to ORS 161.319, if the court finds by a preponderance of the evidence that the person is affected by mental disease or defect and that he presents a substantial danger to himself or others that requires that the…”
Cardwell v. Psychiatric Sec. Review Bd., 590 P.2d 787 (Or. Ct. App. 1979). “336(1), when a criminal defendant is found not responsible due to mental disease or defect, ORS 161.319, and the court finds by a preponderance of the evidence that the person is affected by a mental disease or defect and presents a substantial danger to himself or others…”
State v. Cooper, 587 P.2d 1051 (Or. Ct. App. 1978). · cites it 2× “” See ORS 161.319, 161.325, supra, nn 1 and 2. ORS 19.”
Adams v. Psychiatric Sec. Review Bd., 609 P.2d 908 (Or. Ct. App. 1980). “336(1) (1977): “Following the entry of a judgment pursuant to ORS 161.319, if the court finds by a preponderance of the evidence that the person is affected by mental disease or defect and that he presents a substantial danger to himself or others that requires that the person…”
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