Chapter 840
AN ACT
HB 2153
Relating to statutes of limitations for
certain sex crimes; creating new provisions; amending ORS 131.125; and
declaring an emergency.
Be It Enacted by the People of
the State of
SECTION 1. ORS 131.125 is amended to read:
131.125. (1) A
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 commenced 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) A prosecution for
any of the following felonies may be commenced within six 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 30 years of age or within 12
years after the offense is reported to a law enforcement agency or the
Department of Human Services, whichever occurs first:
(a) Criminal
mistreatment in the first degree under ORS 163.205.
(b) Rape in the third
degree under ORS 163.355.
(c) Rape in the second
degree under ORS 163.365.
(d) Rape in the first
degree under ORS 163.375.
(e) Sodomy in the third
degree under ORS 163.385.
(f) Sodomy in the second
degree under ORS 163.395.
(g) Sodomy in the first
degree under ORS 163.405.
(h) Unlawful sexual
penetration in the second degree under ORS 163.408.
(i) Unlawful sexual
penetration in the first degree under ORS 163.411.
(j) Sexual abuse in the
second degree under ORS 163.425.
(k) Sexual abuse in the
first degree under ORS 163.427.
(L) Using a child in a
display of sexual conduct under ORS 163.670.
(m) Encouraging child
sexual abuse in the first degree under ORS 163.684.
(n) Incest under ORS
163.525.
(o) Promoting
prostitution under ORS 167.012.
(p) Compelling
prostitution under ORS 167.017.
(3) A prosecution for
any of the following misdemeanors may be commenced within four 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
years after the offense is reported to a law enforcement agency or the
Department of Human Services, whichever occurs first:
(a) Sexual abuse in the
third degree under ORS 163.415.
(b) Furnishing obscene
materials to minors under ORS 167.065.
(c) Sending obscene
materials to minors under ORS 167.070.
(d) Exhibiting an
obscene performance to a minor under ORS 167.075.
(e) Displaying obscene
materials to minors under ORS 167.080.
(4) In the case of
crimes described in subsection (2)(L) of this section,
the [“victim”] victim is the
child engaged in sexual conduct. In the case of the crime described in
subsection (2)(n) of this section, the [“victim”] victim is the party to
the incest other than the party being prosecuted. In the case of crimes
described in subsection (2)(o) and (p) of this
section, the [“victim”] victim
is the child whose acts of prostitution are promoted or compelled.
(5) A prosecution for
arson in any degree may be commenced within six years after the commission of
the crime.
(6) Except as provided
in subsection (7) of this section 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 years.
(b) For any misdemeanor,
two years.
(c) For a violation, six
months.
(7) If the period
prescribed in subsection (6) of this section has expired, a prosecution
nevertheless may be commenced as follows:
(a) If the offense has
as a material element either fraud or the breach of a fiduciary obligation,
prosecution may be commenced within one 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 shall the
period of limitation otherwise applicable be extended by more than three years;
(b) If the offense is
based upon misconduct in office by a public officer or employee, prosecution
may be commenced at any time while the defendant is in public office or
employment or within two 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 ORS 163.700, prosecution may be commenced
within one 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 years.
[(8) Notwithstanding subsection (2) of this section, a prosecution for
rape in the first or second degree or sodomy in the first or second degree may
be commenced within 12 years after the commission of the crime if the defendant
is identified after the period described in subsection (2) of this section on
the basis of DNA (deoxyribonucleic acid) sample comparisons.]
(8) Notwithstanding
subsection (2) of this section, a prosecution for rape in the first or second
degree, sodomy in the first or second degree, unlawful sexual penetration in
the first or second degree or sexual abuse in the first degree may be commenced
within 25 years after the commission of the crime if the defendant is
identified after the period described in subsection (2) of this section on the
basis of DNA (deoxyribonucleic acid) sample comparisons.
(9) Notwithstanding
subsection (8) of this section, if a prosecution for a felony listed in
subsection (8) of this section would otherwise be barred by subsection (2) of
this section, the prosecution must be commenced within two years of the
DNA-based identification of the defendant.
SECTION 2. The amendments to ORS 131.125 by section 1
of this 2007 Act apply to offenses committed before, on or after the effective
date of this 2007 Act, but do not operate to revive a prosecution barred by the
operation of ORS 131.125 before the effective date of this 2007 Act.
SECTION 3. This 2007 Act being necessary for the
immediate preservation of the public peace, health and safety, an emergency is
declared to exist, and this 2007 Act takes effect on its passage.
Approved by the Governor July 27, 2007
Filed in the office of Secretary of State July 27, 2007
Effective date July 27, 2007
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