ORS 40.252: Rule 504-5. Communications revealing intent to commit certain crimes.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) In addition to any other limitations on privilege that may be imposed by law, there is no privilege under ORS 40.225, 40.230, 40.250, 40.264 or 40.274 for communications if: (a) In the professional judgment of the person receiving the communications, the communications reveal that the declarant has a clear and serious intent at the time the communications are made to subsequently commit a crime involving physical injury, a threat to the physical safety of any person, sexual abuse or death or involving an act described in ORS 167.322; (b) In the professional judgment of the person receiving the communications, the declarant poses a danger of committing the crime; and (c) The person receiving the communications makes a report to another person based on the communications. (2) The provisions of this section do not create a duty to report any communication to any person. (3) A person who discloses a communication described in subsection (1) of this section, or fails to disclose a communication described in subsection (1) of this section, is not liable to any other person in a civil action for any damage or injury arising out of the disclosure or failure to disclose. [2001 c.640 §2; 2007 c.731 §4; 2015 c.265 §3; 2019 c.604 §18]
Official history and status
History: Note: 40.252 was added to and made a part of 40.225 to 40.295 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
This rule cites
- ORS 40.225 — resolved
- 40.230 — resolved
- 40.250 — resolved
- 40.264 — resolved
- 40.274 — resolved
- ORS 167.322 — resolved
Cited by
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors040.html