161.313 Jury instructions; insanity. When the issue of insanity under ORS 161.295 is submitted to be determined by a jury in the trial court, the court shall instruct the jury in accordance with ORS 161.327. [1983 c.800 §16]
Stored review status: 2025_edition_later_amendments_unresolved. A text match is a research starting point; applicability is not established.
Official chapter context and edition notices
TITLE 16
CRIMES AND PUNISHMENTS
Chapter 161. General Provisions
162. Offenses Against the State and Public Justice
163. Offenses Against Persons
163A. Sex Offender Reporting and Classification
164. Offenses Against Property
165. Offenses Involving Fraud or Deception
166. Offenses Against Public Order; Firearms and Other Weapons; Racketeering
167. Offenses Against General Welfare and Animals
169. Local and Regional Correctional Facilities; Prisoners; Juvenile Facilities
_______________
Chapter 161 — General Provisions
Uncodified sections printed in this chapter were amended or repealed by the Legislative Assembly during its 2026 regular session. See the table of uncodified sections amended or repealed during the 2026 regular session: 2026 A&R Tables
2025 EDITION
GENERAL PROVISIONS
CRIMES AND PUNISHMENTS
PRINCIPLES
CRIMINAL LIABILITY
PARTIES TO CRIME
JUSTIFICATION
RESPONSIBILITY
(Temporary provisions relating to maximum periods of commitment and community restoration are compiled as notes following ORS 161.371)
INCHOATE CRIMES
CLASSES OF OFFENSES
DISPOSITION OF OFFENDERS
AUTHORITY OF SENTENCING COURT
PRINCIPLES
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Authority boundary: official snapshot extraction not current law verified.
Stable record: oregon_criminal_law:legal_authorities:161.313 Source file: ors161.html Pages: Not recorded – Not recorded Passage SHA-256: fc6c89427f2f37d02bb299aba1848c0d606d111feb61f5935afdac57687b38de Retained source evidence SHA-256: 8773685681f1bf26a63d62a05c338a6e76c17f6dd1b69da0a77625951fdf2fe5
Source location: ORS 161.313 (all printed versions and notes)
Stored source content
161.313 Jury instructions; insanity. When the issue of insanity under ORS 161.295 is submitted to be determined by a jury in the trial court, the court shall instruct the jury in accordance with ORS 161.327. [1983 c.800 §16]
Cross-references
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Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities
161.295 Guilty except for insanity. (1) A person is guilty except for insanity if, at the time of engaging in criminal conduct, the person lacks substantial capacity either to appreciate the criminality of the conduct or to conform the conduct to the requirements of law, and:
(a) But for a qualifying mental disorder, the person would have had such substantial capacity;
(b) A mental disorder other than a qualifying mental disorder is not the primary cause of the lack of substantial capacity; and
(c) The lack of substantial capacity is not the result of voluntary intoxication in combination with a qualifying mental disorder, a mental disorder other than a qualifying mental disorder or both.
(2) As used in chapter 743, Oregon Laws 1971, the term “qualifying mental disorder” does not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct, nor does the term include any abnormality constituting solely a personality disorder. [1971 c.743 §36; 1983 c.800 §1; 2017 c.634 §3; 2025 c.119 §1]
Note: See note under 161.015.
161.327 Commitment or conditional release of person found guilty except for insanity of felony; consultation; evaluation; appeal; rules. (1) After the defendant is found guilty except for insanity pursuant to ORS 161.319, if the court finds by a preponderance of the evidence that a person found guilty except for insanity of a felony is affected by a qualifying mental disorder and presents a substantial danger to others, the court shall order as follows:
(a) If the court finds that the person is not a proper subject for conditional release, the court shall order the person committed to a state hospital or, if the person is under 18 years of age, to a secure intensive community inpatient facility for custody, care and treatment. When the court orders a person committed under this paragraph, the court shall place the person under the jurisdiction of the Psychiatric Security Review Board.
(b) If the court finds that the person can be adequately controlled with supervision and treatment if conditionally released and that necessary supervision and treatment are available, the court shall order the person conditionally released.
(2)(a) If a party intends to request conditional release under this section, the party shall, as soon as practicable, notify the opposing party, the court and the board of the request. The party requesting conditional release shall make every effort to provide the notification in a manner that allows sufficient time to carry out the provisions described in this subsection before the court determination on conditional release.
(b) Upon receipt of a request for conditional release under this section:
(A) If the most serious offense in the charging instrument is a Class C felony, the court shall order that a local mental health program designated by