Or. Rev. Stat. » Oregon Revised Statutes

Or. Rev. Stat. § 161.555

Classification of misdemeanors

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      161.555 Classification of misdemeanors. (1) Misdemeanors are classified for the purpose of sentence into the following categories:

      (a) Class A misdemeanors;

      (b) Class B misdemeanors;

      (c) Class C misdemeanors; and

      (d) Unclassified misdemeanors.

      (2) The particular classification of each misdemeanor defined in the Oregon Criminal Code is expressly designated in the section defining the crime. An offense defined outside this code which, because of the express sentence provided is within the definition of ORS 161.545, shall be considered an unclassified misdemeanor.

      (3) An offense defined by a statute of this state, but without specification as to its classification or as to the penalty authorized upon conviction, shall be considered a Class A misdemeanor. [1971 c.743 §70]

 

      161.565 [1971 c.743 §71; 1987 c.783 §1; 1989 c.1053 §17; 1991 c.111 §17; 1993 c.533 §4; 1997 c.852 §12; repealed by 1999 c.1051 §49]

Notes of Decisions
Cited in 7 cases, 1973–2011 · leading case: State v. Rainoldi
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State v. Rainoldi (2011) or “535; ORS 161.555; ORS 161.665 (all referring to “the Oregon Criminal Code”).”
State v. McIntire (1975) orctapp “In this case the applicable provisions are ORS 161.555 and 161.635 (l)(a), which combine to set the maximum penalty at $1,000 fine or one-year imprisonment, or both.”
McNutt v. State (1983) or · cites it 2× “ORS 161.555(3). However, defendant’s theory is that because the statutory prohibition against removal of material from a river bed is “outside the Oregon Criminal Code” and “requires no culpable mental state,” it is controlled by ORS 161.”
OREGON GAME FOWL BREEDERS ASSOCIATION v. Smith (1973) orctapp “ORS 161.555 (1) (d). ORS 167.860 is not a *493 part of the Oregon Criminal Code, but OE-S 167.”
State v. Lewis (1993) orctapp “ORS 161.555(3). The state concedes that the trial court erred in sentencing, and we accept its concession.”
McNutt v. State (1982) orctapp “In the absence of a specified penalty, under ORS 161.555(3), the offense is considered a Class A misdemeanor.”
State v. Ritner (1984) orctapp “410 is a Class A misdemeanor is based on ORS 161.555(3), which provides: “An offense defined by a statute of this state, but without specification as to its classification or as to the penalty authorized upon conviction, shall be considered a Class A misdemeanor.”
— Or. Rev. Stat. § 161.555(3) — 4 cases
McNutt v. State (1983) or “ORS 161.555(3). However, defendant’s theory is that because the statutory prohibition against removal of material from a river bed is “outside the Oregon Criminal Code” and “requires no culpable mental state,” it is controlled by ORS 161.”
State v. Lewis (1993) orctapp “ORS 161.555(3). The state concedes that the trial court erred in sentencing, and we accept its concession.”
McNutt v. State (1982) orctapp “In the absence of a specified penalty, under ORS 161.555(3), the offense is considered a Class A misdemeanor.”
State v. Ritner (1984) orctapp “410 is a Class A misdemeanor is based on ORS 161.555(3), which provides: “An offense defined by a statute of this state, but without specification as to its classification or as to the penalty authorized upon conviction, shall be considered a Class A misdemeanor.”
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