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Oregon Revised Statutes

Or. Rev. Stat. § 161.405 (2026)

“Attempt” described

✓ current as of May 2026
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      161.405 “Attempt” described. (1) A person is guilty of an attempt to commit a crime when the person intentionally engages in conduct which constitutes a substantial step toward commission of the crime.

      (2) An attempt is a:

      (a) Class A felony if the offense attempted is any degree of murder, aggravated murder or treason.

      (b) Class B felony if the offense attempted is a Class A felony.

      (c) Class C felony if the offense attempted is a Class B felony.

      (d) Class A misdemeanor if the offense attempted is a Class C felony or an unclassified felony.

      (e) Class B misdemeanor if the offense attempted is a Class A misdemeanor.

      (f) Class C misdemeanor if the offense attempted is a Class B misdemeanor.

      (g) Violation if the offense attempted is a Class C misdemeanor or an unclassified misdemeanor. [1971 c.743 §54; 2019 c.635 §15a]

Notes of Decisions
Cited in 506 cases (126 in the last 5 years), 1973–2026 · leading case: State v. Hubbell, 500 P.3d 728 (Or. Ct. App. 2021).
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State v. Hubbell, 500 P.3d 728 (Or. Ct. App. 2021). · cites it 43× “In supplemental briefing, defendant argues that Boyd is inconsistent with legislative intent and plainly wrong, and that the legislature intended “the ordinary definition of an overt act by which the actor means to accomplish the thing ‘attempted,’ especially when the actor is…”
State v. Hubbell, 537 P.3d 503 (Or. 2023). · cites it 22× “005 and ORS 161.405, were also amended after 2018.”
State v. Bock (A169480), 485 P.3d 931 (Or. Ct. App. 2021). · cites it 6× “610 (Counts 1, 2, and 3); attempted murder with a firearm, ORS 161.405 (2)(a), ORS 163.115, and ORS 161.”
State v. Kimbrough, 431 P.3d 76 (Or. 2018). · cites it 10× “435, and "attempt" occurs when a person "intentionally engages in conduct which constitutes a substantial step toward the commission of [a] crime," ORS 161.405. 1 Defendant wished to have people killed and witnesses scared, so he sought to engage a hitman.”
State v. Priester, 530 P.3d 118 (Or. Ct. App. 2023). · cites it 3× “Following a bench trial, defendant was convicted of, among other things, attempted first-degree rape, ORS 161.405 and ORS 163.375. On appeal from the judgment of conviction, he raises three assignments of error.”
State v. Kyger, 506 P.3d 376 (Or. 2022). · cites it 9× “095 (2015)1 and ORS 161.405 (2015).2 ORS 163.095(1)(d) provides that one of the circum- stances elevating murder to aggravated murder is the exis- tence of “more than one murder victim in the same criminal episode.”
State v. Smith, 372 P.3d 549 (Or. Ct. App. 2016). · cites it 13× “(3) Criminal attempt is a distinct crime—that is, distinct from completed offenses—“described” in ORS 161.405. 8 (4) Nothing in ORS 163.355 to ORS 163.”
In Re Complaint as to the Conduct of Chase, 702 P.2d 1082 (Or. 1985). · cites it 11× “ORS 161.405. That does not change the nature of the crime attempted.”
State v. Kyger, 471 P.3d 764 (Or. Ct. App. 2020). · cites it 7× “Under ORS 161.405, proof of an attempt offense simply requires proof that a person intentionally engaged in conduct that constituted a substantial step toward the completed offense, such that proof that a person intentionally engaged in conduct constituting a substantial step…”
State v. Dickerson, 345 P.3d 447 (Or. 2015). · cites it 4× “996 1 *824 and ORS 161.405; 2 use of unlawful hunting methods, ORS 498.”
State v. Johnson, 123 P.3d 304 (Or. Ct. App. 2005). · cites it 9× “He was found guilty on six counts of the indictment: Count 1, attempted aggravated murder of his wife by *483 payment to another to commit the murder, ORS 161.405 and ORS 163.095(l)(b); Count 2, attempted aggravated murder of his daughter by payment to another to commit the…”
State v. Spieler, 460 P.3d 535 (Or. Ct. App. 2020). · cites it 5× “The conduct underlying defendant’s convictions on Counts 1 through 4 involved defendant accelerating his car at two law enforce- ment officers who were standing in front of his car.”
Show all 506 citing cases →
— Or. Rev. Stat. § 161.405(1) — 144 cases
State v. Hubbell, 500 P.3d 728 (Or. Ct. App. 2021). “In supplemental briefing, defendant argues that Boyd is inconsistent with legislative intent and plainly wrong, and that the legislature intended “the ordinary definition of an overt act by which the actor means to accomplish the thing ‘attempted,’ especially when the actor is…”
State v. Hubbell, 537 P.3d 503 (Or. 2023). “005 and ORS 161.405, were also amended after 2018.”
In Re Complaint as to the Conduct of Chase, 702 P.2d 1082 (Or. 1985). “ORS 161.405. That does not change the nature of the crime attempted.”
State v. Kimbrough, 431 P.3d 76 (Or. 2018). “435, and "attempt" occurs when a person "intentionally engages in conduct which constitutes a substantial step toward the commission of [a] crime," ORS 161.405. 1 Defendant wished to have people killed and witnesses scared, so he sought to engage a hitman.”
State v. Pollock, 102 P.3d 684 (Or. 2004).
— Or. Rev. Stat. § 161.405(1)(a) — 1 case
State v. Lockwood, 603 P.2d 1231 (Or. Ct. App. 1979).
— Or. Rev. Stat. § 161.405(1)(c) — 1 case
State v. C. L. E., 502 P.3d 1154 (Or. Ct. App. 2021).
— Or. Rev. Stat. § 161.405(1)(d) — 1 case
In Re Complaint as to the Conduct of Chase, 702 P.2d 1082 (Or. 1985). “ORS 161.405. That does not change the nature of the crime attempted.”
— Or. Rev. Stat. § 161.405(2) — 6 cases
State v. Hubbell, 500 P.3d 728 (Or. Ct. App. 2021). “In supplemental briefing, defendant argues that Boyd is inconsistent with legislative intent and plainly wrong, and that the legislature intended “the ordinary definition of an overt act by which the actor means to accomplish the thing ‘attempted,’ especially when the actor is…”
State v. Hubbell, 537 P.3d 503 (Or. 2023). “005 and ORS 161.405, were also amended after 2018.”
State v. Guzman/Heckler, 455 P.3d 485 (Or. 2019).
State v. Scott, 488 P.3d 803 (Or. Ct. App. 2021).
State v. Tyler, 245 P.3d 168 (Or. Ct. App. 2010).
— Or. Rev. Stat. § 161.405(2)(C) — 3 cases
Perez-Rodriguez v. State, 435 P.3d 746 (Or. 2019).
Ramoz v. Bd. of Parole, 340 Or. App. 200 (Or. Ct. App. 2025).
Ramoz v. Bd. of Parole, 340 Or. App. 200 (Or. Ct. App. 2025).
— Or. Rev. Stat. § 161.405(2)(a) — 9 cases
State v. Bock (A169480), 485 P.3d 931 (Or. Ct. App. 2021). “610 (Counts 1, 2, and 3); attempted murder with a firearm, ORS 161.405 (2)(a), ORS 163.115, and ORS 161.”
State v. Pedersen, 255 P.3d 556 (Or. Ct. App. 2011).
State v. Salas-Juarez, 329 P.3d 805 (Or. Ct. App. 2014).
State v. Martinez, 348 P.3d 285 (Or. Ct. App. 2015).
State v. Quintero, 823 P.2d 981 (Or. Ct. App. 1991).
— Or. Rev. Stat. § 161.405(2)(b) — 15 cases
State v. Curry, 560 P.3d 694 (Or. Ct. App. 2024).
State v. Sundberg, 247 P.3d 1213 (Or. 2011).
State v. Smith, 372 P.3d 549 (Or. Ct. App. 2016). “(3) Criminal attempt is a distinct crime—that is, distinct from completed offenses—“described” in ORS 161.405. 8 (4) Nothing in ORS 163.355 to ORS 163.”
State v. Quintero, 823 P.2d 981 (Or. Ct. App. 1991).
Lamb v. Coursey, 243 P.3d 130 (Or. Ct. App. 2010).
— Or. Rev. Stat. § 161.405(2)(c) — 26 cases
State v. Rogers, 836 P.2d 1308 (Or. 1992).
Blackledge v. Morrow, 26 P.3d 851 (Or. Ct. App. 2001).
In Re Allen, 949 P.2d 710 (Or. 1997).
State v. Benson, 483 P.3d 689 (Or. Ct. App. 2021).
State v. Febuary, 292 P.3d 604 (Or. Ct. App. 2012).
— Or. Rev. Stat. § 161.405(2)(d) — 14 cases
State v. Hubbell, 500 P.3d 728 (Or. Ct. App. 2021). “In supplemental briefing, defendant argues that Boyd is inconsistent with legislative intent and plainly wrong, and that the legislature intended “the ordinary definition of an overt act by which the actor means to accomplish the thing ‘attempted,’ especially when the actor is…”
State v. Reed, 118 P.3d 791 (Or. 2005).
State v. Curry, 560 P.3d 694 (Or. Ct. App. 2024).
State v. Yarbor, 891 P.2d 703 (Or. Ct. App. 1995).
State v. Hartman, 243 P.3d 480 (Or. Ct. App. 2010).
— Or. Rev. Stat. § 161.405(2)(e) — 8 cases
State v. Webb, 927 P.2d 79 (Or. 1996).
State v. Stewart, 502 P.3d 241 (Or. Ct. App. 2021).
State v. A. E. J., 505 P.3d 422 (Or. Ct. App. 2022).
State v. Bush, 486 P.3d 49 (Or. Ct. App. 2021).
State v. McLean, 401 P.3d 252 (Or. Ct. App. 2017).
— Or. Rev. Stat. § 161.405(l)(d) — 1 case
In Re Complaint as to the Conduct of Chase, 702 P.2d 1082 (Or. 1985). “ORS 161.405. That does not change the nature of the crime attempted.”
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