Skip to main content
Loading…
This section is included in your selections.

A. When a defense, other than an affirmative defense, is raised at trial, the City has the burden of disproving the defense beyond a reasonable doubt.

B. When a defense, declared to be an affirmative defense by Chapter 743, Oregon Laws 1971, as now constituted, is raised at a trial, the defendant has the burden of proving the defense by a preponderance of the evidence.

C. The City is not required to negate a defense unless it is raised by the defendant, either by providing the City, before commencement of trial, with written notice of intent to rely on the defense, or by providing affirmative evidence of the defense by a defense witness in the defendant’s case in chief.

D. ORS 161.475, defenses to solicitation and conspiracy, as now constituted, is hereby incorporated into this code.

E. ORS 161.485, multiple convictions barred in inchoate crimes, as now constituted, is hereby incorporated into this code.

F. ORS 164.035, defenses to theft, as now constituted, is hereby incorporated into this code.

G. ORS 167.335, exemption from ORS 167.315 to 167.330, as now constituted, is hereby incorporated into this code. Reference therein to ORS 167.315 to 167.330 shall be deemed a reference to BC 5.08.702 to 5.08.706. [BC 5.08.020, added by Ordinance No. 3534; amended by Ordinance No. 3957, 6/10/96]