Oregon Statutes 40.355 – Rule 609. Impeachment by evidence of conviction of crime; exceptions
(1) For the purpose of attacking the credibility of a witness, evidence that the witness has been convicted of a crime shall be admitted if elicited from the witness or established by public record, but only if the crime:
Terms Used In Oregon Statutes 40.355
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(a) Was punishable by death or imprisonment in excess of one year under the law under which the witness was convicted; or
(b) Involved false statement or dishonesty.
(2)(a) If a defendant is charged with one or more of the crimes listed in paragraph (b) of this subsection, and the defendant is a witness, evidence that the defendant has been convicted of committing one or more of the following crimes against a family or household member, as defined in ORS § 135.230, may be elicited from the defendant, or established by public record, and admitted into evidence for the purpose of attacking the credibility of the defendant:
(A) Assault in the fourth degree under ORS § 163.160.
(B) Menacing under ORS § 163.190.
(C) Harassment under ORS § 166.065.
(D) Attempted assault in the fourth degree under ORS § 163.160 (1).
(E) Attempted assault in the fourth degree under ORS § 163.160 (3).
(F) Strangulation under ORS § 163.187.
(G) The statutory counterpart in another jurisdiction to a crime listed in this paragraph.
(b) Evidence may be admitted into evidence for the purpose of attacking the credibility of a defendant under the provisions of this subsection only if the defendant is charged with committing one or more of the following crimes against a family or household member, as defined in ORS § 135.230:
(A) Aggravated murder under ORS § 163.095.
(B) Murder in the first degree under ORS § 163.107.
(C) Murder in the second degree under ORS § 163.115.
(D) Manslaughter in the first degree under ORS § 163.118.
(E) Manslaughter in the second degree under ORS § 163.125.
(F) Assault in the first degree under ORS § 163.185.
(G) Assault in the second degree under ORS § 163.175.
(H) Assault in the third degree under ORS § 163.165.
(I) Assault in the fourth degree under ORS § 163.160.
(J) Rape in the first degree under ORS § 163.375 (1)(a).
(K) Sodomy in the first degree under ORS § 163.405 (1)(a).
(L) Unlawful sexual penetration in the first degree under ORS § 163.411 (1)(a).
(M) Sexual abuse in the first degree under ORS § 163.427 (1)(a)(B).
(N) Kidnapping in the first degree under ORS § 163.235.
(O) Kidnapping in the second degree under ORS § 163.225.
(P) Burglary in the first degree under ORS § 164.225.
(Q) Coercion under ORS § 163.275.
(R) Stalking under ORS § 163.732.
(S) Violating a court’s stalking protective order under ORS § 163.750.
(T) Menacing under ORS § 163.190.
(U) Harassment under ORS § 166.065.
(V) Strangulation under ORS § 163.187.
(W) Attempting to commit a crime listed in this paragraph.
(3) Evidence of a conviction under this section is not admissible if:
(a) A period of more than 15 years has elapsed since the date of the conviction or of the release of the witness from the confinement imposed for that conviction, whichever is the later date; or
(b) The conviction has been expunged by pardon, reversed, set aside or otherwise rendered nugatory.
(4) When the credibility of a witness is attacked by evidence that the witness has been convicted of a crime, the witness shall be allowed to explain briefly the circumstances of the crime or former conviction; once the witness explains the circumstances, the opposing side shall have the opportunity to rebut the explanation.
(5) The pendency of an appeal therefrom does not render evidence of a conviction inadmissible. Evidence of the pendency of an appeal is admissible.
(6) An adjudication by a juvenile court that a child is within its jurisdiction is not a conviction of a crime.
(7) A conviction of any of the statutory counterparts of offenses designated as violations as described in ORS § 153.008 may not be used to impeach the character of a witness in any criminal or civil action or proceeding. [1981 c.892 § 53; 1987 c.2 § 9; subsection (6) of 1993 Edition enacted as 1993 c.379 § 4; 1999 c.1051 § 121; 2001 c.714 § 1; 2003 c.577 § 3; 2009 c.56 § 1; 2019 c.635 § 6]
40.355 (7) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS Chapter 40 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.