163.111 Pleading, proof and stipulation regarding previous conviction element in prosecution for murder in the first degree. (1) In a prosecution for murder in the first degree under ORS 163.107 (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 (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 (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 f
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
Chapter 163 — Offenses Against Persons
2025 EDITION
OFFENSES AGAINST PERSONS
CRIMES AND PUNISHMENTS
HOMICIDE
ASSAULT AND RELATED OFFENSES
KIDNAPPING AND RELATED OFFENSES
COERCION
SEXUAL OFFENSES
OFFENSES AGAINST FAMILY
VISUAL RECORDING OF SEXUAL CONDUCT OF CHILDREN
INVASION OF PRIVACY
MISCELLANEOUS
STALKING
SEXUAL ABUSE RESTRAINING ORDERS
HOMICIDE
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Stable record: oregon_criminal_law:legal_authorities:163.111 Source file: ors163.html Pages: Not recorded – Not recorded Passage SHA-256: 9e95b9b96467d39179a9f7777d104b8ec5f6a7fc92485e086c221aa2c53062b8 Retained source evidence SHA-256: 81109a43a5631ebec4ebfde641092a6c60ecd13ec77452c9939b53ff86a4d40c
Source location: ORS 163.111 (all printed versions and notes)
Stored source content
163.111 Pleading, proof and stipulation regarding previous conviction element in prosecution for murder in the first degree. (1) In a prosecution for murder in the first degree under ORS 163.107 (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 (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 (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 (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]
Cross-references
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Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities
163.107 Murder in the first degree; sentence of life imprisonment required; minimum term. (1) “Murder in the first degree” means murder in the second degree as defined in ORS 163.115 which is committed under, or accompanied by, any of the following circumstances:
(a) The defendant committed the murder pursuant to an agreement that the defendant receive money or other thing of value for committing the murder.
(b) The defendant solicited another to commit the murder and paid or agreed to pay the person money or other thing of value for committing the murder.
(c) The defendant committed murder after having been convicted previously in any jurisdiction of any homicide, the elements of which constitute the crime of aggravated murder as defined in ORS 163.095, murder in the first degree under this section, murder in the second degree as defined in ORS 163.115 or manslaughter in the first degree as defined in ORS 163.118.
(d) There was more than one murder victim in the same criminal episode as defined in ORS 131.505.
(e) The homicide occurred in the course of or as a result of intentional maiming or torture of the victim.
(f) The victim of the intentional homicide was a person under the age of 14 years.
(g) The victim was one of the following and the murder was related to the performance of the victim’s official duties in the justice system:
(A) A police officer as defined in ORS 181A.355;
(B) A correctional, parole and probation officer or other person charged with the duty of custody, control or supervision of convicted persons;
(C) A member of the Oregon State Police;
(D) A judicial officer as defined in ORS 1.210;
(E) A juror or witness in a criminal proceeding;
(F) An employee or officer of a court of justice;
(G) A member of the State Board of Parole and P