Oregon Revised Statutes

Or. Rev. Stat. § 161.568 (2026)

Misdemeanor treated as violation; court’s election

✓ current as of May 2026

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161.568 Misdemeanor treated as violation; court’s election. (1) Except as provided in subsection (4) of this section, a court may elect to treat any misdemeanor as a Class A violation for the purpose of entering a default judgment under ORS 153.102 if:

(a) A complaint or information has been filed with the court for the misdemeanor;

(b) The defendant has failed to make an appearance in the proceedings required by the court or by law; and

(c) The court has given notice to the district attorney for the county and the district attorney has informed the court that the district attorney does not object to treating the misdemeanor as a Class A violation.

(2) If the court treats a misdemeanor as a Class A violation under this section, the court shall amend the accusatory instrument to reflect the charged offense as a Class A violation and clearly denominate the offense as a Class A violation in the judgment entered in the matter.

(3) Notwithstanding ORS 153.021, if the court treats a misdemeanor as a Class A violation under this section, the fine that the court may impose under a default judgment entered pursuant to ORS 153.102 may not:

(a) Be less than the presumptive fine established by ORS 153.019 for a Class A violation; or

(b) Exceed the maximum fine established by ORS 153.018 for a Class A violation.

(4) A court may not treat misdemeanors created under ORS 811.540 or 813.010 as violations under the provisions of this section. [1999 c.1051 §48; 2003 c.737 §90; 2011 c.597 §17; 2012 c.82 §3]

Notes of Decisions

Cited in 2 cases, 2011–2013 · leading case: State v. Swanson, 266 P.3d 45 (Or. 2011).

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State v. Swanson, 266 P.3d 45 (Or. 2011). ““(e) The court has elected to treat the offense as a violation for purposes of a particular case in the manner provided by ORS 161.568. “(2) Conviction of a violation does not give rise to any disability or legal disadvantage based on conviction of a crime.”

State v. Coughlin, 311 P.3d 988 (Or. Ct. App. 2013). ““(e) The court has elected to treat the offense as a violation for purposes of a particular case in the manner provided by ORS 161.568.””

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