161.067 Determining punishable offenses for violation of multiple statutory provisions, multiple victims or repeated violations

(1) When the same conduct or criminal episode violates two or more statutory provisions and each provision requires proof of an element that the others do not, there are as many separately punishable offenses as there are separate statutory violations.

(2) When the same conduct or criminal episode, though violating only one statutory provision involves two or more victims, there are as many separately punishable offenses as there are victims. However, two or more persons owning joint interests in real or personal property shall be considered a single victim for purposes of determining the number of separately punishable offenses if the property is the subject of one of the following crimes:

(a) Theft as defined in ORS 164.015 (“Theft” described) .

(b) Unauthorized use of a vehicle as defined in ORS 164.135 (Unauthorized use of a vehicle) .

(c) Criminal possession of rented or leased personal property as defined in ORS 164.140 (Criminal possession of rented or leased personal property) .

(d) Criminal possession of a rented or leased motor vehicle as defined in ORS 164.138 (Criminal possession of a rented or leased motor vehicle) .

(e) Burglary as defined in ORS 164.215 (Burglary in the second degree) or 164.225 (Burglary in the first degree) .

(f) Criminal trespass as defined in ORS 164.243 (Criminal trespass in the second degree by a guest) , 164.245 (Criminal trespass in the second degree) , 164.255 (Criminal trespass in the first degree) , 164.265 (Criminal trespass while in possession of a firearm) or 164.278 (Criminal trespass at a sports event) .

(g) Arson and related offenses as defined in ORS 164.315 (Arson in the second degree) , 164.325 (Arson in the first degree) or 164.335 (Reckless burning) .

(h) Forgery and related offenses as defined in ORS 165.002 (Definitions for ORS 165.002 to 165.070) to 165.070 (Possessing fraudulent communications device) .

(3) When the same conduct or criminal episode violates only one statutory provision and involves only one victim, but nevertheless involves repeated violations of the same statutory provision against the same victim, there are as many separately punishable offenses as there are violations, except that each violation, to be separately punishable under this subsection, must be separated from other such violations by a sufficient pause in the defendant’s criminal conduct to afford the defendant an opportunity to renounce the criminal intent. Each method of engaging in oral or anal sexual intercourse as defined in ORS 163.305 (Definitions) , and each method of engaging in unlawful sexual penetration as defined in ORS 163.408 (Unlawful sexual penetration in the second degree) and 163.411 (Unlawful sexual penetration in the first degree) shall constitute separate violations of their respective statutory provisions for purposes of determining the number of statutory violations. [1987 c.2 §13; 1991 c.386 §9; 2003 c.629 §4; 2007 c.684 §3; 2017 c.318 §1]

Source: Section 161.067 — Determining punishable offenses for violation of multiple statutory provisions, multiple victims or repeated violations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors161.­html (accessed May 26, 2025).