1. (1) When a defendant is charged with a crime punishable as a misdemeanor for which the person injured by the act constituting the crime has a remedy by a civil action, the crime may be compromised, as provided in ORS 135.705, except when it was committed:

   1. (a) By or upon a peace officer while in the execution of the duties of office;
   2. (b) Riotously;
   3. (c) With an intent to commit a crime punishable only as a felony; or

   4. (d) By one family or household member upon another family or household member, as defined in ORS 107.705, or by a person upon an elderly person or a person with a disability as defined in ORS 124.005 and the crime was:

      1. (A) Assault in the fourth degree under ORS 163.160;
      2. (B) Assault in the third degree under ORS 163.165;
      3. (C) Menacing under ORS 163.190;
      4. (D) Recklessly endangering another person under ORS 163.195;
      5. (E) Harassment under ORS 166.065; or
      6. (F) Strangulation under ORS 163.187.
2. (2) Notwithstanding subsection (1) of this section, when a defendant is charged with violating ORS 811.700, the crime may be compromised as provided in ORS 135.705.

[Formerly 134.010; 1991 c.938 §1; 1995 c.657 §21; 1995 c.666 §26; 1999 c.738 §9; 2003 c.264 §9; 2003 c.577 §5; 2007 c.70 §35]