# ORS § 163.111: 163.111 Pleading, proof and stipulation regarding previous conviction element in prosecution for murder in the first degree

> Oregon · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_OR_T16_C163_S163.111

## Section

- **Citation:** ORS § 163.111
- **Heading:** 163.111 Pleading, proof and stipulation regarding previous conviction element in prosecution for murder in the first degree
- **Jurisdiction:** Oregon
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** OR Code / Title 16 / Chapter 163 / Section 163.111

## Text

(1) In a prosecution for murder in the first degree under ORS 163.107 (Murder in the first degree) (1)(c), the state shall plead the previous conviction, and shall prove the previous conviction unless the defendant stipulates to that fact prior to trial. If the defendant so stipulates and the trial is by jury:

(a) The court shall accept the stipulation regardless of whether or not the state agrees to it;

(b) The defendant’s stipulation to the previous conviction constitutes a judicial admission to that element of the accusatory instrument. The stipulation shall be made a part of the record of the case, but shall not be offered or received in the presence of the jury;

(c) For the purpose of establishing the prior conviction solely as an element of the crime under ORS 163.107 (Murder in the first degree) (1)(c), neither the court nor the state shall reveal to the jury the previous conviction, but the previous conviction is established in the record by the defendant’s stipulation; and

(d) The court shall not submit the accusatory instrument or evidence of the previous conviction to the jury.

(2) In a proceeding under ORS 163.107 (Murder in the first degree) (1)(c), the state may offer, and the court may receive and submit to the jury, evidence of the previous conviction for impeachment of the defendant or another purpose, other than establishing the conviction as an element of the offense, when the evidence of the previous conviction is otherwise admissible for that purpose. When evidence of the previous conviction has been admitted by the court, the state may comment upon, and the court may give instructions about, the evidence of the previous conviction only to the extent that the comments or instructions relate to the purpose for which the evidence was admitted.

(3) When the defendant stipulates to the prior conviction required as an element of murder in the first degree under ORS 163.107 (Murder in the first degree) (1)(c), if the jury finds the defendant guilty upon instruction regarding the balance of the elements of the crime, the court shall enter a judgment of guilty of murder in the first degree. [Formerly 163.103]

Source: Section 163.111 — Pleading, proof and stipulation regarding previous conviction element in prosecution for murder in the first degree , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).

## Nearby sections

- [ORS § 163.005 163.005 Criminal homicide](https://www.frixlaw.com/law-library/statutes/STATE_OR_T16_C163_S163.005.md)
- [ORS § 163.095 163.095 “Aggravated murder” defined](https://www.frixlaw.com/law-library/statutes/STATE_OR_T16_C163_S163.095.md)
- [ORS § 163.105 163.105 Sentencing options for aggravated murder](https://www.frixlaw.com/law-library/statutes/STATE_OR_T16_C163_S163.105.md)
- [ORS § 163.107 163.107 Murder in the first degree](https://www.frixlaw.com/law-library/statutes/STATE_OR_T16_C163_S163.107.md)
- [ORS § 163.109 163.109 Alternative proof of certain victims of murder in the first degree](https://www.frixlaw.com/law-library/statutes/STATE_OR_T16_C163_S163.109.md)
- [ORS § 163.111 163.111 Pleading, proof and stipulation regarding previous conviction element in prosecution for murder in the first degree](https://www.frixlaw.com/law-library/statutes/STATE_OR_T16_C163_S163.111.md)
- [ORS § 163.115 163.115 Murder in the second degree](https://www.frixlaw.com/law-library/statutes/STATE_OR_T16_C163_S163.115.md)
- [ORS § 163.117 163.117 Causing or aiding suicide as defense to charge of murder](https://www.frixlaw.com/law-library/statutes/STATE_OR_T16_C163_S163.117.md)
- [ORS § 163.118 163.118 Manslaughter in the first degree](https://www.frixlaw.com/law-library/statutes/STATE_OR_T16_C163_S163.118.md)
- [ORS § 163.125 163.125 Manslaughter in the second degree](https://www.frixlaw.com/law-library/statutes/STATE_OR_T16_C163_S163.125.md)
- [ORS § 163.135 163.135 Extreme emotional disturbance as affirmative defense to murder in the second degree](https://www.frixlaw.com/law-library/statutes/STATE_OR_T16_C163_S163.135.md)
- [ORS § 163.145 163.145 Criminally negligent homicide](https://www.frixlaw.com/law-library/statutes/STATE_OR_T16_C163_S163.145.md)
- [ORS § 163.147 163.147 Crime category classification for manslaughter in the second degree and criminally negligent homicide](https://www.frixlaw.com/law-library/statutes/STATE_OR_T16_C163_S163.147.md)
- [ORS § 163.149 163.149 Aggravated vehicular homicide](https://www.frixlaw.com/law-library/statutes/STATE_OR_T16_C163_S163.149.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_OR_T16_C163_S163.111. Check the current official text before relying on it. Not legal advice.