161.505 “Offense” described. An offense is conduct for which a sentence to a term of imprisonment or to a fine is provided by any law of this state or by any law or ordinance of a political subdivision of this state. An offense is either a crime, as described in ORS 161.515, or a violation, as described in ORS 153.008. [1971 c.743 §65; 1975 c.451 §173; 1981 c.626 §2; 1981 c.692 §7; 1999 c.1051 §43]

 

      161.515 “Crime” described. (1) A crime is an offense for which a sentence of imprisonment is authorized.

      (2) A crime is either a felony or a misdemeanor. [1971 c.743 §66]

 

      161.525 “Felony” described. Except as provided in ORS 161.585 and 161.705, a crime is a felony if it is so designated in any statute of this state or if a person convicted under a statute of this state may be sentenced to a maximum term of imprisonment of more than one year. [1971 c.743 §67]

 

      161.535 Classification of felonies. (1) Felonies are classified for the purpose of sentence into the following categories:

      (a) Class A felonies;

      (b) Class B felonies;

      (c) Class C felonies; and

      (d) Unclassified felonies.

      (2) The particular classification of each felony defined in the Oregon Criminal Code, except murder under ORS 163.115 and treason under ORS 166.005, is expressly designated in the section defining the crime. An offense defined outside this code which, because of the express sentence provided is within the definition of ORS 161.525, shall be considered an unclassified felony. [1971 c.743 §68]

 

      161.545 “Misdemeanor” described. A crime is a misdemeanor if it is so designated in any statute of this state or if a person convicted thereof may be sentenced to a maximum term of imprisonment of not more than one year. [1971 c.743 §69]

 

      161.555 Classification of misdemeanors. (1) Misdemeanors are classified for the purpose of sentence into the following categories:

      (a) Class A misdemeanors;

      (b) Class B misdemeanors;

      (c) Class C misdemeanors; and

      (d) Unclassified misdemeanors.

      (2) The particular classification of each misdemeanor defined in the Oregon Criminal Code is expressly designated in the section defining the crime. An offense defined outside this code which, because of the express sentence provided is within the definition of ORS 161.545, shall be considered an unclassified misdemeanor.

      (3) An offense defined by a statute of this state, but without specification as to its classification or as to the penalty authorized upon conviction, shall be considered a Class A misdemeanor. [1971 c.743 §70]

 

      161.565 [1971 c.743 §71; 1987 c.783 §1; 1989 c.1053 §17; 1991 c.111 §17; 1993 c.533 §4; 1997 c.852 §12; repealed by 1999 c.1051 §49]

      153.008 Violations described. (1) Except as provided in subsection (2) of this section, an offense is a violation if any of the following apply:

      (a) The offense is designated as a violation in the statute defining the offense.

      (b) The statute prescribing the penalty for the offense provides that the offense is punishable by a fine but does not provide that the offense is punishable by a term of imprisonment. The statute may provide for punishment in addition to a fine as long as the punishment does not include a term of imprisonment.

      (c) The offense is created by an ordinance of a county, city, district or other political subdivision of this state with authority to create offenses, and the ordinance provides that violation of the ordinance is punishable by a fine but does not provide that the offense is punishable by a term of imprisonment. The ordinance may provide for punishment in addition to a fine as long as the punishment does not include a term of imprisonment.

      (d) The prosecuting attorney has elected to treat the offense as a violation for purposes of a particular case in the manner provided by ORS 161.566.

      (e) The court has elected to treat the offense as a violation for purposes of a particular case in the manner provided by ORS 161.568.

      (2) Conviction of a violation does not give rise to any disability or legal disadvantage based on conviction of a crime. [1999 c.1051 §3]

 

      153.012 Violation categories. Violations are classified for the purpose of sentencing into the following categories:

      (1) Class A violations;

      (2) Class B violations;

      (3) Class C violations;

      (4) Class D violations;

      (5) Unclassified violations as described in ORS 153.015; and

      (6) Specific fine violations as described in ORS 153.015. [1999 c.1051 §4]

 

      153.015 Unclassified and specific fine violations. (1) An offense described in the Oregon Revised Statutes that is designated as a violation but does not specify the classification of the violation is an unclassified violation. An unclassified violation is a Class B violation.

      (2) A specific fine violation is any offense described in the Oregon Revised Statutes that:

      (a) Is not designated as a crime or as a class A, B, C or D violation;

      (b) Is not punishable by a term of imprisonment as a penalty for committing the offense; and

      (c) Is punishable by a specific fine as the penalty for committing the offense. [1999 c.1051 §5]

 

      153.018 Schedule of penalties. (1) The penalty for committing a violation is a fine. The law creating a violation may impose other penalties in addition to a fine but may not impose a term of imprisonment.

      (2) Except as provided in this section, a sentence to pay a fine for a violation shall be a sentence to pay an amount not exceeding:

      (a) $720 for a Class A violation.

      (b) $360 for a Class B violation.

      (c) $180 for a Class C violation.

      (d) $90 for a Class D violation.

      (e) The amount otherwise established by law for any specific fine violation.

      (3) If no special corporate fine is specified in the law creating the violation, a sentence to pay a fine for a violation committed by a corporation shall be in an amount not to exceed twice the fine established under this section for a violation by an individual. If a special corporate fine is specified in the law creating the violation, the sentence to pay a fine shall be governed by the law creating the violation.

      (4) If a person or corporation has gained money or property through the commission of a violation, instead of sentencing the defendant to pay the fine provided for in subsection (2) or (3) of this section, the court may sentence the defendant to pay an amount fixed by the court, not exceeding double the amount of the defendant’s gain from the commission of the violation. For the purposes of this subsection, the defendant’s gain is the amount of money or the value of property, as determined under ORS 164.115, derived from the commission of the violation, less the amount of money or the value of property, as determined under ORS 164.115, returned to the victim of the violation or seized by or surrendered to lawful authority before the time sentence is imposed. [1999 c.1051 §6; 2003 c.737 §103]

 

      153.022 Authority of agency to specify rule violation as particular level of violation. If a statute provides that violation of the rules of an agency constitutes an offense, as described in ORS 161.505, the agency may by rule specify that violation of a specific rule of the agency is subject to a specific fine, or a specific maximum fine, that is less in amount than the maximum fine for the offense specified by the statute. In addition, the agency may specify that violation of the specific rule is a Class A, B, C or D violation under the provisions of ORS 153.012 as long as the class specified in the rule is lower than the statutory classification for the offense. [1999 c.1051 §76]