Time limitations
ORS > Procedural Statutes > Time Limitations > 131.125
(1) prosecution for aggravated murder, murder, attempted murder or aggravated murder, conspiracy or solicitation to commit aggravated murder or murder or any degree of manslaughter may be start at any time after the commission of the attempt, conspiracy or solicitation to commit aggravated murder or murder, or the death of the person killed
(2) prosecution for any of the following felonies may be started within twelve (12) years after the commission of the crime or, if the victim at the time of the crime was under 18, anytime before the victim is 30:
(a) 163.375 (rape 1)
(3) prosecution for any of the following felonies may be commenced within six (6) years after the commission of the crime or, if the victim at the time of the crime was under 18, anytime before the victim is 30 or within 12 years after the offense is reported to a law enforcement agency or the Department of Human Services, whichever occurs first:
(c) 163.355 (rape 3)
(d) 163.365 (rape 2)
(k) 163.525 (incest)
(4) prosecution for any of the following misdemeanors may be started within four (4) years after the commission of the crime or, if the victim at the time of the crime was under 18 years of age, anytime before the victim attains 22 years of age or within four (4) years after the offense is reported to a law enforcement agency or the Department of Human Services, whichever occurs first:
(c) 163.075
• in paragraph (3)(k), the victim is the party to the incest other than the party being prosecuted
• in paragraph (3)(L) and (m), the victim is the child whose acts of prostitution are promoted or compelled
(6) prosecution for arson in any degree may be started within six (6) years after the commission of the crime
(7) prosecution for any of the following felonies may be started within six (6) years after the commission of the crime if the victim at the time of the crime was 65 years of age or older:
(8) except as provided in paragraph (9)or as otherwise expressly provided by law, prosecutions for other offenses must be commenced within the following periods of limitations after their commission:
(a) For any other felony, three (3) years
(b) For any misdemeanor, two (2) years
(c) For a violation, six (6) months
(9) if the period prescribed in paragraph (8) has expired, a prosecution nevertheless may be started as follows:
(a) if the offense has as a material element either fraud or the breach of a fiduciary obligation, prosecution may be started within one (1) year after discovery of the offense by an aggrieved party or by a person who has a legal duty to represent an aggrieved party and who is not a party to the offense, but in no case will the period of limitation otherwise applicable be extended by more than three (3) years
(b) if the offense is based upon misconduct in office by a public officer or employee, prosecution may be started at any time while the defendant is in public office or employment or within two (2) years thereafter, but in no case shall the period of limitation otherwise applicable be extended by more than three years OR
(c) if the offense is an invasion of personal privacy under 163.700 (invasion of personal privacy 2) or 163.701 (invasion of personal privacy 1), prosecution may be started within one (1) year after discovery of the offense by the person aggrieved by the offense, by a person who has a legal duty to represent the person aggrieved by the offense or by a law enforcement agency, but in no case shall the period of limitation otherwise applicable be extended by more than three (3) years
(10) notwithstanding paragraphs (2) and (3), if the defendant is identified after the period described in those paragraphs on the basis of DNA (deoxyribonucleic acid) sample comparisons, a prosecution for:
(a) may be started at any time after the commission of the crime
(bullet) 163.375 (rape 1)
(bullet) 165.405
(bullet) 163.427 (sexual abuse 1)
(b) may be started within 25 years after the commission of the crime
(bullet) 163.365 (rape 2)
(bullet) 163.395 (sodomy 2)
(11) notwithstanding paragraph (10), if a prosecution for a felony listed in paragraph (10) would otherwise be barred by paragraph (2) or (3), the prosecution must be commenced within two (2) years of the DNA-based identification of the defendant
(12)(a) notwithstanding paragraph (2), if a prosecuting attorney obtains corroborating evidence of the crimes of rape in the first degree, sodomy in the first degree, unlawful sexual penetration in the first degree or sexual abuse in the first degree, after the period described in paragraph (2), the prosecution may be commenced at any time after the commission of the crime
(bullet) 163.375 (rape 1)
(bullet) 165.405
(bullet) 163.427 (sexual abuse 1)
(b) The corroborating evidence described in paragraph (a) of this subsection must consist of one of the following:
(A) physical evidence other than a DNA sample, including but not limited to audio, video or other electronic recordings, text messages, guest book logs, telephone recordings and photographs
(B) a confession, made by the defendant, to the crime the victim reported
(C) an oral statement, made by the victim to another person in temporal proximity to the commission of the crime, corroborating the victims report of the crime to a law enforcement agency
(D) a written statement, created by the victim in temporal proximity to the commission of the crime and subsequently delivered to another person or to a law enforcement agency, corroborating the victims report of the crime to a law enforcement agency
(E) aA report made by a different victim to a law enforcement agency, made either before or after the victims report, alleging that the defendant committed another crime of the same or similar character such that the two crimes could be charged in the same charging instrument under 132.560 (Joinder of counts and charges)
(13)(a) a prosecuting attorney startring a prosecution pursuant to paragraph (12) will present any evidence reasonably tending to negate the guilt of the defendant to the grand jury considering the indictment for the offense
(b) the failure to present evidence reasonably tending to negate guilt as required by paragraph (a) doesn't affect the validity of an indictment or prosecution
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