161.570 Felony
treated as misdemeanor.
(1) As used in this section, “nonperson felony” has the meaning given that term
in the rules of the Oregon Criminal Justice Commission.
(2) A district
attorney may elect to treat a Class C nonperson felony or a violation of ORS
475.752 (7)(b), 475.854 (2)(c) or 475.874 (2)(c) as a Class A misdemeanor. The
election must be made by the district attorney orally or in writing. If a
district attorney elects to treat a Class C felony or a violation of ORS
475.752 (7)(b), 475.854 (2)(c) or 475.874 (2)(c) as a Class A misdemeanor under
this subsection, the court shall amend the accusatory instrument to reflect the
charged offense as a Class A misdemeanor.
(3) If a Class C
felony or a violation of ORS 475.752 (7)(b), 475.854 (2)(c) or 475.874 (2)(c)
is treated as a Class A misdemeanor under this section, the court shall clearly
denominate the offense as a Class A misdemeanor in any judgment entered in the matter.
(4) If no
election is made under this section, the case proceeds as a felony.
(5) Before a
district attorney may make an election under subsection (2) of this section,
the district attorney shall adopt written guidelines for determining when and
under what circumstances the election may be made. The district attorney shall
apply the guidelines uniformly.
(6)
Notwithstanding ORS 161.635, the fine that a court may impose upon conviction
of a misdemeanor under this section may not:
(a) Be less than
the minimum fine established by ORS 137.286 for a felony; or
(b) Exceed the
amount provided in ORS 161.625 for the class of felony receiving Class A
misdemeanor treatment. [2003 c.645 §2; 2005 c.708 §47; 2007 c.286 §1; 2011
c.597 §18; 2013 c.591 §4; 2017 c.706 §25; 2021 c.591 §43; 2025 c.375 §6]
161.575 [1971 c.743 §72; repealed by 1999
c.1051 §49]
Notes of Decisions
Cited in
5
cases (
3 in the last 5 years), 2011–2025 · leading case:
State v. Actkinson, 511 P.3d 444 (Or. Ct. App. 2022).
State v. Actkinson, 511 P.3d 444 (Or. Ct. App. 2022).
· cites it 3× “ORS 161.570. The record does not disclose which of those two statutes led to defendant’s conviction for first-degree theft being sen- tenced as a misdemeanor.”
State v. Washington, 264 P.3d 176 (Or. Ct. App. 2011).
· cites it 3× “Under ORS 161.570(2), a district attorney may elect to treat a Class C nonperson felony, such as unlawful possession of cocaine, as a Class A misdemeanor.”
State v. Washington, 264 P.3d 176 (Or. Ct. App. 2011).
· cites it 3× “Under ORS 161.570(2), a district attorney may elect to treat a Class C nonperson felony, such as unlawful possession of cocaine, as a Class A misdemeanor.”
— Or. Rev. Stat. § 161.570(2) — 2 cases
State v. Washington, 264 P.3d 176 (Or. Ct. App. 2011).
“Under ORS 161.570(2), a district attorney may elect to treat a Class C nonperson felony, such as unlawful possession of cocaine, as a Class A misdemeanor.”
State v. Washington, 264 P.3d 176 (Or. Ct. App. 2011).
“Under ORS 161.570(2), a district attorney may elect to treat a Class C nonperson felony, such as unlawful possession of cocaine, as a Class A misdemeanor.”
— Or. Rev. Stat. § 161.570(4) — 2 cases
— Or. Rev. Stat. § 161.570(6) — 2 cases
State v. Washington, 264 P.3d 176 (Or. Ct. App. 2011).
“Under ORS 161.570(2), a district attorney may elect to treat a Class C nonperson felony, such as unlawful possession of cocaine, as a Class A misdemeanor.”
State v. Washington, 264 P.3d 176 (Or. Ct. App. 2011).
“Under ORS 161.570(2), a district attorney may elect to treat a Class C nonperson felony, such as unlawful possession of cocaine, as a Class A misdemeanor.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.