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Section 161.405 – “Attempt” described.

(1) A person is guilty of an attempt to commit a crime when the person intentionally engages in conduct which constitutes a substantial step toward commission of the crime. (2) An attempt is a: (a) Class A felony if the offense attempted is any degree of murder, aggravated murder or treason. (b) Class B felony […]

Section 161.425 – Impossibility not a defense.

In a prosecution for an attempt, it is no defense that it was impossible to commit the crime which was the object of the attempt where the conduct engaged in by the actor would be a crime if the circumstances were as the actor believed them to be. [1971 c.743 §55]

Section 161.430 – Renunciation as a defense to attempt.

(1) A person is not liable under ORS 161.405 if, under circumstances manifesting a voluntary and complete renunciation of the criminal intent of the person, the person avoids the commission of the crime attempted by abandoning the criminal effort and, if mere abandonment is insufficient to accomplish this avoidance, doing everything necessary to prevent the […]

Section 161.435 – Solicitation.

(1) A person commits the crime of solicitation if with the intent of causing another to engage in specific conduct constituting a crime punishable as a felony or as a Class A misdemeanor or an attempt to commit such felony or Class A misdemeanor the person commands or solicits such other person to engage in […]

Section 161.440 – Renunciation as defense to solicitation.

(1) It is a defense to the crime of solicitation that the person soliciting the crime, after soliciting another person to commit a crime, persuaded the person solicited not to commit the crime or otherwise prevented the commission of the crime, under circumstances manifesting a complete and voluntary renunciation of the criminal intent. (2) The […]

Section 161.450 – “Criminal conspiracy” described.

(1) A person is guilty of criminal conspiracy if with the intent that conduct constituting a crime punishable as a felony or a Class A misdemeanor be performed, the person agrees with one or more persons to engage in or cause the performance of such conduct. (2) Criminal conspiracy is a: (a) Class A felony […]

Section 161.455 – Conspiratorial relationship.

If a person is guilty of conspiracy, as defined in ORS 161.450, and knows that a person with whom the person conspires to commit a crime has conspired or will conspire with another person or persons to commit the same crime, the person is guilty of conspiring with such other person or persons, whether or […]

Section 161.460 – Renunciation as defense to conspiracy.

(1) It is a defense to a charge of conspiracy that the actor, after conspiring to commit a crime, thwarted commission of the crime which was the object of the conspiracy, under circumstances manifesting a complete and voluntary renunciation of the criminal purpose of the actor. Renunciation by one conspirator does not, however, affect the […]

Section 161.465 – Duration of conspiracy.

For the purpose of application of ORS 131.125: (1) Conspiracy is a continuing course of conduct which terminates when the crime or crimes which are its object are completed or the agreement that they be committed is abandoned by the defendant and by those with whom the defendant conspired. (2) Abandonment is presumed if neither […]

Section 161.475 – Defenses to solicitation and conspiracy.

(1) Except as provided in subsection (2) of this section, it is immaterial to the liability of a person who solicits or conspires with another to commit a crime that: (a) The person or the person whom the person solicits or with whom the person conspires does not occupy a particular position or have a […]

Section 161.485 – Multiple convictions barred in inchoate crimes.

(1) It is no defense to a prosecution under ORS 161.405, 161.435 or 161.450 that the offense the defendant either attempted to commit, solicited to commit or conspired to commit was actually committed pursuant to such attempt, solicitation or conspiracy. (2) A person shall not be convicted of more than one offense defined by ORS […]