In any prosecution for a crime in which criminal liability is based upon the conduct of another person pursuant to ORS § 161.155, it is no defense that:

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Terms Used In Oregon Statutes 161.160

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100

(1) Such other person has not been prosecuted for or convicted of any crime based upon the conduct in question or has been convicted of a different crime or degree of crime; or

(2) The crime, as defined, can be committed only by a particular class or classes of persons to which the defendant does not belong, and the defendant is for that reason legally incapable of committing the crime in an individual capacity. [1971 c.743 § 14]