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Oregon Revised Statutes

Or. Rev. Stat. § 161.505 (2026)

“Offense” described

✓ current as of May 2026
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      161.505 “Offense” described. An offense is conduct for which a sentence to a term of imprisonment or to a fine is provided by any law of this state or by any law or ordinance of a political subdivision of this state. An offense is either a crime, as described in ORS 161.515, or a violation, as described in ORS 153.008. [1971 c.743 §65; 1975 c.451 §173; 1981 c.626 §2; 1981 c.692 §7; 1999 c.1051 §43]

Notes of Decisions
Cited in 100 cases (1 in the last 5 years), 1974–2022 · leading case: State v. Cloutier, 596 P.2d 1278 (Or. 1979).
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State v. Cloutier, 596 P.2d 1278 (Or. 1979). · cites it 14× “505 defines an offense as "conduct `for which a sentence to a term of imprisonment or to a fine is provided by any law of this state,'" the court thought that "it logically follows that separate sentences are authorized for separate offenses." 33 Or. App.”
State v. Garcia, 605 P.2d 671 (Or. 1980). · cites it 4× “The Court of Appeals' decision in Cloutier concluded that the definition of an "offense" in ORS 161.505 permitted separate convictions and separate sentences for the several offenses committed in a burglary/theft episode.”
City of Salem v. Bruner, 702 P.2d 70 (Or. 1985). · cites it 4× “The definitions pertinent to the meaning of misdemeanor are contained in ORS 161.505, 161.515 and 161.545. ORS 161.”
State v. Sawatzky, 125 P.3d 722 (Or. 2005). · cites it 3× “In our view, so long as *699 a defendant has timely notice that the state intends to prove certain aggravating or enhancing factors necessary for the imposition of a sentence that exceeds the presumptive range, and the trial court affords a criminal defendant the opportunity to…”
State v. Miller, 788 P.2d 974 (Or. 1990). · cites it 4× “This provision should be considered in connection with Article 7 [now ORS 161.505 to 161.585] which sets up the violation classification and in connection with the general requirements for culpability set out in Article 2 [now ORS 161.”
State v. Stroup, 620 P.2d 1359 (Or. 1980). · cites it 4× “h an offense defined by a statute outside the Oregon Criminal Code requires no culpable mental state with respect to one or more of its material elements, the culpable commission of the offense may be alleged and proved, in which case criminal negligence constitutes sufficient…”
State v. Dahl, 87 P.3d 650 (Or. 2004). · cites it 3× “Although a traffic violation is an “offense” within the meaning of the criminal code, ORS 161.505, it is not a crime, ORS 161.515.”
State v. Flores, 685 P.2d 999 (Or. Ct. App. 1984). · cites it 2× “992(4)(f); such a violation is an offense, ORS 161.505. The extent of the permissible search incident to such an arrest might or might not be more limited than a search incident to an arrest for possession of a controlled substance of a more serious nature; because, in this…”
State Ex Rel. Hathaway v. Hart, 708 P.2d 1137 (Or. 1985). · cites it 3× “005(6) refers to a person being tried for the commission of an offense, he is entitled to a jury trial under ORS 161.505, which defines an “offense” as “conduct for which a sentence to a term of imprisonment or to a fine is provided by any law of this state.”
State v. Groda, 591 P.2d 1354 (Or. 1979). · cites it 2× “[1] "A peace officer may arrest a person without a warrant if the officer has probable cause to believe that the person has committed: * * * [a]ny * * * offense in the officer's presence.”
State v. Cox, 82 P.3d 619 (Or. 2003). · cites it 2× “505 provides: “An offense is conduct for which a sentence to a term of imprisonment or to a fine is provided by any law of this state or by any law or ordinance of a political subdivision of this state.”
State v. Knowles, 618 P.2d 1245 (Or. 1980). · cites it 2× “” ORS 161.505: "An offense is conduct for which a sentence to a term of imprisonment or to a fine is provided by any law of this state or by any law or ordinance of a political subdivision of this state.”
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— Or. Rev. Stat. § 161.505(3) — 1 case
State v. Willis, 395 P.3d 981 (Or. Ct. App. 2017).
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