ORS § 163.454 — OR Code / Title 16 / Chapter 163 / Section 163.454
163.454 Custodial sexual misconduct in the second degree
Status: in_force

(1) A person commits the crime of custodial sexual misconduct in the second degree if the person:

(a) Engages in sexual contact with another person knowing that the other person is:

(A) In the custody of a law enforcement agency following arrest;

(B) Confined or detained in a correctional facility;

(C) Participating in an adult in custody or offender work crew or work release program; or

(D) On probation, parole, post-prison supervision or other form of conditional or supervised release; and

(b) Is employed by or under contract with the state or local agency that:

(A) Employs the officer who arrested the other person;

(B) Operates the correctional facility in which the other person is confined or detained;

(C) Is responsible for supervising the other person in a work crew or work release program or on probation, parole, post-prison supervision or other form of conditional or supervised release; or

(D) Engages the other person in work or on-the-job training pursuant to ORS 421.354 (Authority of Oregon Corrections Enterprises) (1).

(2) Consent of the other person to sexual contact is not a defense to a prosecution under this section.

(3) Lack of supervisory authority over the other person is an affirmative defense to a prosecution under this section when the other person is on probation, parole, post-prison supervision or other form of conditional or supervised release.

(4) Custodial sexual misconduct in the second degree is a Class A misdemeanor. [2005 c.488 §4; 2019 c.213 §42]

Source: Section 163.454 — Custodial sexual misconduct in the second degree , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 167.365 — OR Code / Title 16 / Chapter 167 / Section 167.365
167.365 Dogfighting
Status: in_force

(1) A person commits the crime of dogfighting if the person knowingly does any of the following:

(a) Owns, possesses, keeps, breeds, trains, buys, sells or offers to sell a fighting dog, including but not limited to any advertisement by the person to sell such a dog.

(b) Promotes, conducts or participates in, or performs any service in the furtherance of, an exhibition of dogfighting, including but not limited to refereeing of a dogfight, handling of dogs at a dogfight, transportation of spectators to a dogfight, organizing a dogfight, advertising a dogfight, providing or serving as a stakes holder for any money wagered on a fight.

(c) Keeps, uses or manages, or accepts payment of admission to, any place kept or used for the purpose of dogfighting.

(d) Suffers or permits any place over which the person has possession or control to be occupied, kept or used for the purpose of an exhibition of dogfighting.

(2) Dogfighting is a Class C felony. [1987 c.249 §2]

Source: Section 167.365 — Dogfighting , https://www.­oregonlegislature.­gov/bills_laws/ors/ors167.­html (accessed May 26, 2025).
ORS § 163.150 — OR Code / Title 16 / Chapter 163 / Section 163.150
163.150 Sentencing for aggravated murder
Status: in_force

(1) Intentionally left blank —Ed.

(a) Upon a finding that the defendant is guilty of aggravated murder, the court, except as otherwise provided in subsection (3) of this section, shall conduct a separate sentencing proceeding to determine whether the defendant shall be sentenced to life imprisonment, as described in ORS 163.105 (Sentencing options for aggravated murder) (1)(c), life imprisonment without the possibility of release or parole, as described in ORS 163.105 (Sentencing options for aggravated murder) (1)(b), or death. The proceeding shall be conducted in the trial court before the trial jury as soon as practicable. If a juror for any reason is unable to perform the function of a juror, the juror shall be dismissed from the sentencing proceeding. The court shall cause to be drawn the name of one of the alternate jurors, who shall then become a member of the jury for the sentencing proceeding notwithstanding the fact that the alternate juror did not deliberate on the issue of guilt. If the defendant has pleaded guilty, the sentencing proceeding shall be conducted before a jury impaneled for that purpose. In the proceeding, evidence may be presented as to any matter that the court deems relevant to sentence including, but not limited to, victim impact evidence relating to the personal characteristics of the victim or the impact of the crime on the victim’s family and any aggravating or mitigating evidence relevant to the issue in paragraph (b)(C) of this subsection; however, neither the state nor the defendant shall be allowed to introduce repetitive evidence that has previously been offered and received during the trial on the issue of guilt. The court shall instruct the jury that all evidence previously offered and received may be considered for purposes of the sentencing hearing. This paragraph shall not be construed to authorize the introduction of any evidence secured in violation of the Constitution of the United States or of the State of Oregon. The state and the defendant or the counsel of the defendant shall be permitted to present arguments for or against a sentence of death and for or against a sentence of life imprisonment with or without the possibility of release or parole.

(b) Upon the conclusion of the presentation of the evidence, the court shall submit the following issues to the jury:

(A) Whether the conduct of the defendant that caused the death of the deceased was committed deliberately and with the reasonable expectation that death of the deceased or another would result;

(B) If raised by the evidence, whether the conduct of the defendant in killing the deceased was unreasonable in response to the provocation, if any, by the deceased; and

(C) Whether the defendant should receive a death sentence.

(c) Intentionally left blank —Ed.

(A) The court shall instruct the jury to consider, in determining the issues in paragraph (b) of this subsection, any mitigating circumstances offered in evidence, including but not limited to the defendant’s age, the extent and severity of the defendant’s prior criminal conduct and the extent of the mental and emotional pressure under which the defendant was acting at the time the offense was committed.

(B) The court shall instruct the jury to answer the question in paragraph (b)(C) of this subsection “no” if, after considering any aggravating evidence and any mitigating evidence concerning any aspect of the defendant’s character or background, or any circumstances of the offense and any victim impact evidence as described in paragraph (a) of this subsection, one or more of the jurors believe that the defendant should not receive a death sentence.

(d) The state must prove each issue submitted under paragraph (b) of this subsection beyond a reasonable doubt, and the jury shall return a special verdict of “yes” or “no” on each issue considered.

(e) The court shall charge the jury that it may not answer any issue “yes,” under paragraph (b) of this subsection unless it agrees unanimously.

(f) If the jury returns an affirmative finding on each issue considered under paragraph (b) of this subsection, the trial judge shall sentence the defendant to death.

(2) Intentionally left blank —Ed.

(a) Upon the conclusion of the presentation of the evidence, the court shall also instruct the jury that if it reaches a negative finding on any issue under subsection (1)(b) of this section, the trial court shall sentence the defendant to life imprisonment without the possibility of release or parole, as described in ORS 163.105 (Sentencing options for aggravated murder) (1)(b), unless 10 or more members of the jury further find that there are sufficient mitigating circumstances to warrant life imprisonment, in which case the trial court shall sentence the defendant to life imprisonment as described in ORS 163.105 (Sentencing options for aggravated murder) (1)(c).

(b) If the jury returns a negative finding on any issue under subsection (1)(b) of this section and further finds that there are sufficient mitigating circumstances to warrant life imprisonment, the trial court shall sentence the defendant to life imprisonment in the custody of the Department of Corrections as provided in ORS 163.105 (Sentencing options for aggravated murder) (1)(c).

(3) Intentionally left blank —Ed.

(a) When the defendant is found guilty of aggravated murder, and ORS 137.707 (Mandatory minimum sentences for certain juvenile offenders waived to adult court) (2) applies or the state advises the court on the record that the state declines to present evidence for purposes of sentencing the defendant to death, the court:

(A) Shall not conduct a sentencing proceeding as described in subsection (1) of this section, and a sentence of death shall not be ordered.

(B) Shall conduct a sentencing proceeding to determine whether the defendant shall be sentenced to life imprisonment without the possibility of release or parole as described in ORS 163.105 (Sentencing options for aggravated murder) (1)(b) or life imprisonment as described in ORS 163.105 (Sentencing options for aggravated murder) (1)(c). If the defendant waives all rights to a jury sentencing proceeding, the court shall conduct the sentencing proceeding as the trier of fact. The procedure for the sentencing proceeding, whether before a court or a jury, shall follow the procedure of subsection (1)(a) of this section, as modified by this subsection. In the proceeding, evidence may be presented as to any matter that the court deems relevant to sentence, including, but not limited to, victim impact evidence relating to the personal characteristics of the victim or the impact of the crime on the victim’s family.

(b) Following the presentation of evidence and argument under paragraph (a) of this subsection, the court shall instruct the jury that the trial court shall sentence the defendant to life imprisonment without the possibility of release or parole as described in ORS 163.105 (Sentencing options for aggravated murder) (1)(b), unless after considering all of the evidence submitted, 10 or more members of the jury find there are sufficient mitigating circumstances to warrant life imprisonment with the possibility of parole as described in ORS 163.105 (Sentencing options for aggravated murder) (1)(c). If 10 or more members of the jury find there are sufficient mitigating circumstances to warrant life imprisonment with the possibility of parole, the trial court shall sentence the defendant to life imprisonment as described in ORS 163.105 (Sentencing options for aggravated murder) (1)(c).

(c) Nothing in this subsection shall preclude the court from sentencing the defendant to life imprisonment, as described in ORS 163.105 (Sentencing options for aggravated murder) (1)(c), or life imprisonment without the possibility of release or parole, as described in ORS 163.105 (Sentencing options for aggravated murder) (1)(b), pursuant to a stipulation of sentence or stipulation of sentencing facts agreed to and offered by both parties if the defendant waives all rights to a jury sentencing proceeding.

(4) If any part of subsection (2) of this section is held invalid and as a result thereof a defendant who has been sentenced to life imprisonment without possibility of release or parole will instead be sentenced to life imprisonment in the custody of the Department of Corrections as provided in ORS 163.105 (Sentencing options for aggravated murder) (2), the defendant shall be confined for a minimum of 30 years without possibility of parole, release on work release or any form of temporary leave or employment at a forest or work camp. Subsection (2) of this section shall apply only to trials commencing on or after July 19, 1989.

(5) Notwithstanding subsection (1)(a) of this section, if the trial court grants a mistrial during the sentencing proceeding, the trial court, at the election of the state, shall either:

(a) Sentence the defendant to imprisonment for life in the custody of the Department of Corrections as provided in ORS 163.105 (Sentencing options for aggravated murder) (1)(c); or

(b) Impanel a new sentencing jury for the purpose of conducting a new sentencing proceeding to determine if the defendant should be sentenced to:

(A) Death;

(B) Imprisonment for life without the possibility of release or parole as provided in ORS 163.105 (Sentencing options for aggravated murder) (1)(b); or

(C) Imprisonment for life in the custody of the Department of Corrections as provided in ORS 163.105 (Sentencing options for aggravated murder) (1)(c). [1985 c.3 §3; 1987 c.320 §86; 1987 c.557 §1; 1989 c.720 §2; 1989 c.790 §135b; 1991 c.725 §2; 1991 c.885 §2; 1995 c.531 §2; 1995 c.657 §23; 1997 c.784 §1; 1999 c.1055 §1; 2001 c.306 §1; 2005 c.480 §1; 2017 c.359 §4; 2019 c.635 §5]

Source: Section 163.150 — Sentencing for aggravated murder; proceedings; issues for jury , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 166.416 — OR Code / Title 16 / Chapter 166 / Section 166.416
166.416 Providing false information in connection with a transfer of a firearm
Status: in_force

(1) A person commits the crime of providing false information in connection with a transfer of a firearm if the person knowingly provides a false name or false information or presents false identification in connection with a purchase or transfer of a firearm.

(2) Providing false information in connection with a transfer of a firearm is a Class A misdemeanor. [1995 c.729 §3; 2001 c.1 §9]

Note: See second note under 166.412 (Definitions) .

Source: Section 166.416 — Providing false information in connection with a transfer of a firearm , https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html (accessed May 26, 2025).
ORS § 169.053 — OR Code / Title 16 / Chapter 169 / Section 169.053
169.053 Agreements with other counties or Department of Corrections for confinement and detention of offenders
Status: in_force

(1) A county may enter into an agreement with one or more other counties of this state under ORS 190.010 (Authority of local governments to make intergovernmental agreement) for the confinement and detention of offenders subject to the legal and physical custody of the county. The agreement may provide for the reception, detention, care and maintenance, and work assignment of:

(a) Pretrial detainees;

(b) Offenders convicted of a misdemeanor; and

(c) Offenders convicted of a felony who are:

(A) Sentenced, on or after January 1, 1997, to 12 months or less incarceration; or

(B) Sanctioned, on or after January 1, 1997, by a court or the State Board of Parole and Post-Prison Supervision to 12 months or less incarceration for a violation of a condition of parole, probation or post-prison supervision.

(2) A county may enter into an agreement with the Department of Corrections under ORS 190.110 (Authority of units of local government and state agencies to cooperate) for the confinement and detention of offenders subject to the legal and physical custody of the county. The agreement may provide for the reception, detention, care and maintenance, and work assignment of:

(a) Offenders convicted of a misdemeanor; and

(b) Offenders convicted of a felony who are:

(A) Sentenced, on or after January 1, 1997, to 12 months or less incarceration; or

(B) Sanctioned, on or after January 1, 1997, by a court or the State Board of Parole and Post-Prison Supervision to 12 months or less incarceration for a violation of a condition of parole, probation or post-prison supervision.

(3) An agreement entered into under ORS 190.110 (Authority of units of local government and state agencies to cooperate) and subsection (2) of this section shall include a provision that the county reimburse the Department of Corrections for its costs incurred in confining the county adult in custody. Reimbursement shall be made on a per diem basis at a rate determined by the department to be its average daily incarceration cost per adult in custody. In lieu of reimbursement, the department and county may enter into an agreement providing for the comparable exchange of adults in custody as determined by the department. [1996 c.4 §1; 2019 c.213 §45]

Note: 169.053 (Agreements with other counties or Department of Corrections for confinement and detention of offenders) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 169 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 169.053 — Agreements with other counties or Department of Corrections for confinement and detention of offenders , https://www.­oregonlegislature.­gov/bills_laws/ors/ors169.­html (accessed May 26, 2025).
ORS § 164.015 — OR Code / Title 16 / Chapter 164 / Section 164.015
164.015 “Theft” described
Status: in_force

A person commits theft when, with intent to deprive another of property or to appropriate property to the person or to a third person, the person:

(1) Takes, appropriates, obtains or withholds such property from an owner thereof;

(2) Commits theft of property lost, mislaid or delivered by mistake as provided in ORS 164.065 (Theft of lost, mislaid property) ;

(3) Commits extortion as provided in ORS 164.075 (Extortion) by compelling or inducing another person to deliver property;

(4) Commits theft by deception as provided in ORS 164.085 (Theft by deception) ; or

(5) Commits theft by receiving as provided in ORS 164.095 (Theft by receiving) . [1971 c.743 §123; 2007 c.71 §47; 2016 c.47 §7]

Source: Section 164.015 — “Theft” described , https://www.­oregonlegislature.­gov/bills_laws/ors/ors164.­html (accessed May 26, 2025).
ORS § 166.435 — OR Code / Title 16 / Chapter 166 / Section 166.435
166.435 Firearm transfers by unlicensed persons
Status: in_force

(1) As used in this section:

(a) “Transfer” means the delivery of a firearm from a transferor to a transferee, including, but not limited to, the sale, gift, loan or lease of the firearm. “Transfer” does not include the temporary provision of a firearm to a transferee if the transferor has no reason to believe the transferee is prohibited from possessing a firearm or intends to use the firearm in the commission of a crime, and the provision occurs:

(A) At a shooting range, shooting gallery or other area designed for the purpose of target shooting, for use during target practice, a firearms safety or training course or class or a similar lawful activity;

(B) For the purpose of hunting, trapping or target shooting, during the time in which the transferee is engaged in activities related to hunting, trapping or target shooting;

(C) Under circumstances in which the transferee and the firearm are in the presence of the transferor;

(D) To a transferee who is in the business of repairing firearms, for the time during which the firearm is being repaired;

(E) To a transferee who is in the business of making or repairing custom accessories for firearms, for the time during which the accessories are being made or repaired; or

(F) For the purpose of preventing imminent death or serious physical injury, and the provision lasts only as long as is necessary to prevent the death or serious physical injury.

(b) “Transferee” means a person who is not a gun dealer or licensed as a manufacturer or importer under 18 U.S.C. 923 and who intends to receive a firearm from a transferor.

(c) “Transferor” means a person who is not a gun dealer or licensed as a manufacturer or importer under 18 U.S.C. 923 and who intends to deliver a firearm to a transferee.

(2) Except as provided in ORS 166.436 (Department of State Police criminal background checks for gun show firearm transfers) and 166.438 (Transfer of firearms at gun shows) and subsection (4) of this section, a transferor may not transfer a firearm to a transferee unless the transfer is completed through a gun dealer as described in subsection (3) of this section.

(3) Intentionally left blank —Ed.

(a) A transferor may transfer a firearm to a transferee only as provided in this section. Except as provided in paragraph (b) of this subsection, prior to the transfer both the transferor and the transferee must appear in person before a gun dealer, with the firearm and a valid permit-to-purchase issued to the transferee under ORS 166.505 (Permits to purchase firearms) , and request that the gun dealer perform a criminal background check on the transferee.

(b) If the transferor and the transferee reside over 40 miles from each other, the transferor may ship or deliver the firearm to a gun dealer located near the transferee or a gun dealer designated by the transferee, and the transferor need not appear before the gun dealer in person.

(c) A gun dealer who agrees to complete a transfer of a firearm under this section shall request a criminal history record check on the transferee as described in ORS 166.412 (Definitions) and shall comply with all requirements of federal law.

(d) If, upon completion of a criminal background check, the gun dealer:

(A) Receives a unique approval number from the Department of State Police indicating that the transferee is qualified to complete the transfer, the gun dealer shall notify the transferor, enter the firearm into the gun dealer’s inventory and transfer the firearm to the transferee.

(B) Receives notification that the transferee is prohibited by state or federal law from possessing or receiving the firearm or that the department is unable to determine if the transferee is qualified or disqualified from completing the transfer, the gun dealer shall notify the transferor and neither the transferor nor the gun dealer shall transfer the firearm to the transferee. If the transferor shipped or delivered the firearm to the gun dealer pursuant to paragraph (b) of this subsection, the gun dealer shall comply with federal law when returning the firearm to the transferor.

(e) A gun dealer may charge a reasonable fee for facilitating a firearm transfer pursuant to this section.

(4) The requirements of subsections (2) and (3) of this section do not apply to:

(a) The transfer of a firearm by or to a law enforcement agency, or by or to a law enforcement officer, private security professional or member of the Armed Forces of the United States, while that person is acting within the scope of official duties.

(b) The transfer of a firearm as part of a firearm turn-in or buyback event, in which a law enforcement agency receives or purchases firearms from members of the public.

(c) The transfer of a firearm to:

(A) A transferor’s spouse or domestic partner;

(B) A transferor’s parent or stepparent;

(C) A transferor’s child or stepchild;

(D) A transferor’s sibling;

(E) A transferor’s grandparent;

(F) A transferor’s grandchild;

(G) A transferor’s aunt or uncle;

(H) A transferor’s first cousin;

(I) A transferor’s niece or nephew; or

(J) The spouse or domestic partner of a person specified in subparagraphs (B) to (I) of this paragraph.

(d) The transfer of a firearm that occurs because of the death of the firearm owner, provided that:

(A) The transfer is conducted or facilitated by a personal representative, as defined in ORS 111.005 (Definitions for probate law) , or a trustee of a trust created in a will; and

(B) The transferee is related to the deceased firearm owner in a manner specified in paragraph (c) of this subsection.

(5) Intentionally left blank —Ed.

(a) A transferor who fails to comply with the requirements of this section commits a Class A misdemeanor.

(b) Notwithstanding paragraph (a) of this subsection, a transferor who fails to comply with the requirements of this section commits a Class B felony if the transferor has a previous conviction under this section at the time of the offense. [2015 c.50 §2; 2023 c.1 §7]

Note: See first note under 166.355 (Manufacture, importation, possession, use, purchase, sale or transfer of large-capacity magazine) .

Note: Section 1, chapter 50, Oregon Laws 2015, provides:

Sec. 1. Section 2 of this 2015 Act [ 166.435 (Firearm transfers by unlicensed persons) ] and the amendments to ORS 166.250 (Unlawful possession of firearms) , 166.291 (Issuance of concealed handgun license) , 166.412 (Definitions) , 166.422 (Enforcement of ORS 166.412) , 166.432 (Definitions for ORS 166.412 and 166.433 to 166.441) , 166.433 (Findings regarding transfers of firearms) , 166.434 (Requirements for criminal background checks) , 166.436 (Department of State Police criminal background checks for gun show firearm transfers) , 166.438 (Transfer of firearms at gun shows) , 166.460 (Antique firearms excepted) , 166.470 (Limitations and conditions for sales of firearms) , 181.150, 181.740 and 426.133 (Assisted outpatient treatment) by sections 3 to 19 of this 2015 Act shall be known and may be cited as the “Oregon Firearms Safety Act.” [2015 c.50 §1]

Note: 166.435 (Firearm transfers by unlicensed persons) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 166 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Note: See second note under 166.355 (Manufacture, importation, possession, use, purchase, sale or transfer of large-capacity magazine) .

Note: See third note under 166.355 (Manufacture, importation, possession, use, purchase, sale or transfer of large-capacity magazine) .

Source: Section 166.435 — Firearm transfers by unlicensed persons; requirements; exceptions; penalties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html (accessed May 26, 2025).
ORS § 165.581 — OR Code / Title 16 / Chapter 165 / Section 165.581
165.581 Cellular counterfeiting in the first degree
Status: in_force

(1) A person commits the crime of cellular counterfeiting in the first degree if the person knowingly possesses or distributes, and knows the unlawful nature of using, any cloning paraphernalia or any instrument capable of intercepting electronic serial numbers, mobile identification numbers, other identifiable data or a combination thereof and agrees with, encourages, solicits or permits one or more other persons to engage in or cause, or obtain cellular telephone service through, cellular counterfeiting and:

(a) Causes more than $100 in losses or damages; or

(b) Intercepts, obtains or causes to be obtained cellular telephone service of more than $100 in value.

(2) Cellular counterfeiting in the first degree is a Class B felony. [1995 c.524 §4]

Source: Section 165.581 — Cellular counterfeiting in the first degree , https://www.­oregonlegislature.­gov/bills_laws/ors/ors165.­html (accessed May 26, 2025).
ORS § 166.414 — OR Code / Title 16 / Chapter 166 / Section 166.414
166.414 Fees for conducting criminal history record checks
Status: in_force

(1) The Department of State Police may adopt a fee schedule for criminal history record checks required under ORS 166.412 (Definitions) and collect a fee for each criminal history record check requested. The fee schedule shall be calculated to recover the cost of performing criminal history record checks required under ORS 166.412 (Definitions) , but may not exceed $10 per record check.

(2) Fees collected under this section shall be paid into the State Treasury and deposited in the General Fund to the credit of the State Police Account. [1995 c.729 §2]

Note: See second note under 166.412 (Definitions) .

Source: Section 166.414 — Fees for conducting criminal history record checks , https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html (accessed May 26, 2025).
ORS § 167.343 — OR Code / Title 16 / Chapter 167 / Section 167.343
167.343 Unlawful tethering
Status: in_force

(1) A person commits the offense of unlawful tethering if the person tethers a domestic animal in the person’s custody or control:

(a) With a tether that is not a reasonable length given the size of the domestic animal and available space and that allows the domestic animal to become entangled in a manner that risks the health or safety of the domestic animal;

(b) With a collar that pinches or chokes the domestic animal when pulled;

(c) For more than 10 hours in a 24-hour period; or

(d) For more than 15 hours in a 24-hour period if the tether is attached to a running line, pulley or trolley system.

(2) A person does not violate this section if the person tethers a domestic animal:

(a) While the domestic animal remains in the physical presence of the person who owns, possesses, controls or otherwise has charge of the domestic animal;

(b) Pursuant to the requirements of a campground or other recreational area;

(c) For the purpose of engaging in an activity that requires licensure in this state, including but not limited to hunting;

(d) To allow the person to transport the domestic animal; or

(e) That is a dog kept for herding, protecting livestock or dogsledding.

(3) Unlawful tethering is a Class B violation. [2013 c.382 §2]

Source: Section 167.343 — Unlawful tethering , https://www.­oregonlegislature.­gov/bills_laws/ors/ors167.­html (accessed May 26, 2025).
ORS § 161.371 — OR Code / Title 16 / Chapter 161 / Section 161.371
161.371 Procedures upon commitment of defendant
Status: in_force

(1) The superintendent of a state mental hospital or director of a facility to which the defendant is committed under ORS 161.370 (Determination of fitness to proceed) shall cause the defendant to be evaluated within 60 days from the defendant’s delivery into the superintendent’s or director’s custody, for the purpose of determining whether there is a substantial probability that, in the foreseeable future, the defendant will have fitness to proceed. In addition, the superintendent or director shall:

(a) Immediately notify the committing court if the defendant, at any time, gains or regains fitness to proceed or if there is no substantial probability that, within the foreseeable future, the defendant will gain or regain fitness to proceed.

(b) Within 90 days of the defendant’s delivery into the superintendent’s or director’s custody, notify the committing court that:

(A) The defendant has present fitness to proceed;

(B) There is no substantial probability that, in the foreseeable future, the defendant will gain or regain fitness to proceed; or

(C) There is a substantial probability that, in the foreseeable future, the defendant will gain or regain fitness to proceed. If the probability exists, the superintendent or director shall give the court an estimate of the time in which the defendant, with appropriate treatment, is expected to gain or regain fitness to proceed.

(c) Notify the court if court-ordered involuntary medication is necessary for the defendant to gain or regain fitness to proceed and, if appropriate, submit a report to the court under ORS 161.372 (Involuntary administration of medication for fitness to proceed) .

(2) Intentionally left blank —Ed.

(a) If the superintendent of the state mental hospital or director of the facility to which the defendant is committed determines that there is a substantial probability that, in the foreseeable future, the defendant will gain or regain fitness to proceed, unless the court otherwise orders, the defendant shall remain in the superintendent’s or director’s custody where the defendant shall receive treatment designed for the purpose of enabling the defendant to gain or regain fitness to proceed. In keeping with the notice requirement under subsection (1)(b) of this section, the superintendent or director shall, for the duration of the defendant’s period of commitment, submit a progress report to the committing court, concerning the defendant’s fitness to proceed, at least once every 180 days as measured from the date of the defendant’s delivery into the superintendent’s or director’s custody.

(b) A progress report described in paragraph (a) of this subsection may consist of an update to:

(A) The original examination report conducted under ORS 161.365 (Procedure for determining issue of fitness to proceed) ; or

(B) An evaluation conducted under subsection (1) of this section, if the defendant did not receive an examination under ORS 161.365 (Procedure for determining issue of fitness to proceed) .

(3) Intentionally left blank —Ed.

(a) Notwithstanding subsection (2) of this section, if the most serious offense in the charging instrument is a felony, and the superintendent of the state mental hospital or director of the facility to which the defendant is committed determines that a hospital level of care is no longer necessary due to present public safety concerns and the acuity of symptoms of the defendant’s qualifying mental disorder, the superintendent or director may file notice of the determination with the court. Upon receipt of the notice, the court shall order that a community mental health program director or the director’s designee, within five judicial days:

(A) Consult with the defendant and with any local entity that would be responsible for providing community restoration services, if the defendant were to be released in the community, to determine whether community restoration services are present and available in the community; and

(B) Provide the court and the parties with recommendations from the consultation.

(b) Notwithstanding subsection (2) of this section, if the most serious offense in the charging instrument is a felony, and the community mental health program director determines that community restoration services that would mitigate any risk posed by the defendant are present and available in the community, the community mental health program director may file notice of the determination with the court. Upon receipt of the notice, the court shall order that the superintendent of the state mental hospital or director of the facility to which the defendant is committed, within five judicial days:

(A) Evaluate the defendant to determine whether a hospital level of care is no longer necessary due to present public safety concerns, or no longer necessary due to the acuity of symptoms of the defendant’s qualifying mental disorder; and

(B) Provide the court and the parties with recommendations from the evaluation.

(c) Within 10 judicial days of receiving the recommendations described in paragraph (a) or (b) of this subsection, the court shall hold a hearing to determine an appropriate action in accordance with ORS 161.370 (Determination of fitness to proceed) (2)(c) as follows:

(A) If, after consideration of the factors and possible actions described in ORS 161.370 (Determination of fitness to proceed) (2)(c) and any recommendations received under paragraph (a) or (b) of this subsection, the court determines that a hospital level of care is necessary due to public safety concerns or the acuity of symptoms of the defendant’s qualifying mental disorder, and that based on the consultation or evaluation described in paragraph (a) or (b) of this subsection, any information provided by community-based mental health providers or any other sources, primary and secondary release criteria as defined in ORS 135.230 (Definitions for ORS 135.230 to 135.290) , and any other information the court finds to be trustworthy and reliable, the appropriate community restoration services are not present and available in the community, the court may continue the commitment of the defendant.

(B) If the court does not make the determination described in subparagraph (A) of this paragraph, the court shall terminate the commitment and shall set a review hearing seven days from the date of the commitment termination for any defendant remaining in custody. At the review hearing, the court shall consider all relevant information, determine an appropriate action in the case as described in ORS 161.370 (Determination of fitness to proceed) (2)(c) and enter an order in accordance with the defendant’s constitutional rights to due process.

(4) Intentionally left blank —Ed.

(a) Notwithstanding subsection (2) of this section, if the most serious offense in the charging instrument is a misdemeanor, and the superintendent of the state mental hospital or director of the facility to which the defendant is committed determines that the defendant no longer needs a hospital level of care due to the acuity of symptoms of the defendant’s qualifying mental disorder or there are not present public safety concerns, the superintendent or director shall file notice of the determination with the court, along with recommendations regarding the necessary community restoration services that would mitigate any risk presented by the defendant. Upon receipt of the notice, the court shall order that a community mental health program director or the director’s designee, within five judicial days:

(A) Consult with the defendant and with any local entity that would be responsible for providing community restoration services, if the defendant were to be released in the community, to determine whether appropriate community restoration services are present and available in the community; and

(B) Provide the court and the parties with recommendations from the consultation.

(b) Notwithstanding subsection (2) of this section, if the most serious offense in the charging instrument is a misdemeanor, and the community mental health program director determines that the community restoration services that would mitigate any risk posed by the defendant are present and available in the community, the community mental health program director may file notice of the determination with the court. Upon receipt of the notice, the court shall order that the superintendent of the state mental hospital or director of the facility to which the defendant is committed, within five judicial days:

(A) Evaluate the defendant to determine whether a hospital level of care is no longer necessary due to present public safety concerns, or no longer necessary due to the acuity of symptoms of the defendant’s qualifying mental disorder; and

(B) Provide the court and the parties with recommendations from the evaluation.

(c) Within 10 judicial days of receiving the recommendations described in paragraph (a) or (b) of this subsection, the court shall hold a hearing to determine an appropriate action in accordance with ORS 161.370 (Determination of fitness to proceed) (2)(c) as follows:

(A) After consideration of the factors and possible actions described in ORS 161.370 (Determination of fitness to proceed) (2)(c), the consultation or evaluation and any recommendations described in paragraph (a) or (b) of this subsection, and any other information the court finds to be trustworthy and reliable, the court may continue the commitment of the defendant if the court makes written findings that a hospital level of care is necessary due to public safety concerns and the acuity of symptoms of the defendant’s qualifying mental disorder, and that appropriate community restoration services are not present and available in the community.

(B) If the court does not make the findings described in subparagraph (A) of this paragraph, the court shall terminate the commitment and shall set a review hearing seven days from the date of the commitment termination for any defendant remaining in custody. At the review hearing, the court shall consider all relevant information, determine an appropriate action in the case as described in ORS 161.370 (Determination of fitness to proceed) (2)(c) and enter an order in accordance with the defendant’s constitutional rights to due process.

(5) Intentionally left blank —Ed.

(a) If a defendant remains committed under this section, the court shall determine within a reasonable period of time whether there is a substantial probability that, in the foreseeable future, the defendant will gain or regain fitness to proceed. However, regardless of the number of charges with which the defendant is accused, in no event shall the defendant be committed for longer than whichever of the following, measured from the defendant’s initial custody date, is shorter:

(A) Three years; or

(B) A period of time equal to the maximum sentence the court could have imposed if the defendant had been convicted.

(b) For purposes of calculating the maximum period of commitment described in paragraph (a) of this subsection:

(A) The initial custody date is the date on which the defendant is first committed under this section on any charge alleged in the accusatory instrument; and

(B) The defendant shall be given credit against each charge alleged in the accusatory instrument:

(i) For each day the defendant is committed under this section, whether the days are consecutive or are interrupted by a period of time during which the defendant has gained or regained fitness to proceed; and

(ii) Unless the defendant is charged on any charging instrument with aggravated murder or a crime listed in ORS 137.700 (Offenses requiring imposition of mandatory minimum sentences) (2), for each day the defendant is held in jail before and after the date the defendant is first committed, whether the days are consecutive or are interrupted by a period of time during which the defendant lacks fitness to proceed.

(c) The superintendent of the state mental hospital or director of the facility to which the defendant is committed shall notify the committing court of the defendant’s impending discharge 30 days before the date on which the superintendent or director is required to discharge the defendant under this subsection.

(6) Intentionally left blank —Ed.

(a) All notices required under this section shall be filed with the court and may be filed electronically. The clerk of the court shall cause copies of the notices to be delivered to both the district attorney and the counsel for the defendant.

(b) When the committing court receives a notice from the superintendent or director under subsection (1) of this section concerning the defendant’s progress or lack thereof, or under subsection (5) of this section concerning the defendant’s impending discharge, the committing court shall determine, after a hearing if a hearing is requested, whether the defendant presently has fitness to proceed.

(7) If at any time the court determines that the defendant lacks fitness to proceed, the court shall further determine whether the defendant is entitled to discharge under subsection (5) of this section. If the court determines that the defendant is entitled to discharge under subsection (5) of this section, the court shall dismiss, without prejudice and in accordance with ORS 161.367 (Gaining or regaining fitness) (6), all charges against the defendant and:

(a) Order that the defendant be discharged; or

(b) Initiate commitment proceedings under ORS 426.070 (Initiation) , 426.701 (Commitment of “extremely dangerous” person with qualifying mental disorder) or 427.235 (Notice to court of need for commitment) to 427.292 (Parental consent required for involuntary commitment of minor child) . [2021 c.395 §5; 2023 c.227 §3]

Source: Section 161.371 — Procedures upon commitment of defendant; maximum term of commitment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors161.­html (accessed May 26, 2025).
ORS § 166.438 — OR Code / Title 16 / Chapter 166 / Section 166.438
166.438 Transfer of firearms at gun shows
Status: in_force

(1) A transferor who is not a gun dealer may not transfer a firearm at a gun show unless the transferor:

(a) Intentionally left blank —Ed.

(A) Verifies with the department that the recipient has a valid permit-to-purchase issued under ORS 166.505 (Permits to purchase firearms) ;

(B) Requests a criminal background check under ORS 166.436 (Department of State Police criminal background checks for gun show firearm transfers) prior to completing the transfer;

(C) Receives a unique approval number from the department indicating that the recipient is qualified to complete the transfer; and

(D) Has the recipient complete the form described in ORS 166.441 (Form for transfer of firearm at gun show) ; or

(b) Completes the transfer through a gun dealer.

(2) The transferor shall retain the completed form referred to in subsection (1) of this section for at least five years and shall make the completed form available to law enforcement agencies for the purpose of criminal investigations.

(3) A person who organizes a gun show shall post in a prominent place at the gun show a notice explaining the requirements of subsections (1) and (2) of this section. The person shall provide the form required by subsection (1) of this section to any person transferring a firearm at the gun show.

(4) Subsection (1) of this section does not apply if the transferee is licensed as a dealer under 18 U.S.C. 923.

(5) Intentionally left blank —Ed.

(a) Failure to comply with the requirements of subsection (1), (2) or (3) of this section is a Class A misdemeanor.

(b) Notwithstanding paragraph (a) of this subsection, failure to comply with the requirements of subsection (1), (2) or (3) of this section is a Class C felony if the person has two or more previous convictions under this section at the time of the offense.

(6) It is an affirmative defense to a charge of violating subsection (1) or (3) of this section that the person did not know, or reasonably could not know, that more than 25 firearms were at the site and available for transfer. [2001 c.1 §7; 2015 c.50 §9; 2023 c.1 §9]

Note: See first note under 166.355 (Manufacture, importation, possession, use, purchase, sale or transfer of large-capacity magazine) .

Note: See second note under 166.355 (Manufacture, importation, possession, use, purchase, sale or transfer of large-capacity magazine) .

Note: See third note under 166.355 (Manufacture, importation, possession, use, purchase, sale or transfer of large-capacity magazine) .

Source: Section 166.438 — Transfer of firearms at gun shows; penalties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html (accessed May 26, 2025).
ORS § 161.270 — OR Code / Title 16 / Chapter 161 / Section 161.270
161.270 Duress
Status: in_force

(1) The commission of acts which would otherwise constitute an offense, other than murder, is not criminal if the actor engaged in the proscribed conduct because the actor was coerced to do so by the use or threatened use of unlawful physical force upon the actor or a third person, which force or threatened force was of such nature or degree to overcome earnest resistance.

(2) Duress is not a defense for one who intentionally or recklessly places oneself in a situation in which it is probable that one will be subjected to duress.

(3) It is not a defense that a spouse acted on the command of the other spouse, unless the spouse acted under such coercion as would establish a defense under subsection (1) of this section. [1971 c.743 §34; 1987 c.158 §22]

Source: Section 161.270 — Duress , https://www.­oregonlegislature.­gov/bills_laws/ors/ors161.­html (accessed May 26, 2025).
ORS § 164.278 — OR Code / Title 16 / Chapter 164 / Section 164.278
164.278 Criminal trespass at a sports event
Status: in_force

(1) A person commits the crime of criminal trespass at a sports event if the person:

(a) Is a coach, team player or spectator at a sports event;

(b) Engages in inappropriate behavior;

(c) Has been ordered by a sports official to leave the premises at which the sports event is taking place; and

(d) Fails to leave the premises or returns to the premises during the period of time when reentry has been prohibited.

(2) Criminal trespass at a sports event is a Class C misdemeanor. [2003 c.629 §3]

Note: See note under 164.274 (Definitions for ORS 164.276 and 164.278) .

ARSON, CRIMINAL MISCHIEF AND RELATED OFFENSES

Source: Section 164.278 — Criminal trespass at a sports event , https://www.­oregonlegislature.­gov/bills_laws/ors/ors164.­html (accessed May 26, 2025).
ORS § 163.412 — OR Code / Title 16 / Chapter 163 / Section 163.412
163.412 Exceptions to unlawful sexual penetration prohibition
Status: in_force

Nothing in ORS 163.408 (Unlawful sexual penetration in the second degree) , 163.411 (Unlawful sexual penetration in the first degree) or 163.452 (Custodial sexual misconduct in the first degree) prohibits a penetration described in those sections when:

(1) The penetration is part of a medically recognized treatment or diagnostic procedure and is for a legitimate medical purpose; or

(2) The penetration is accomplished by a peace officer or a corrections officer acting in official capacity, or by medical personnel at the request of such an officer, in order to search for weapons, contraband or evidence of crime. [1981 c.549 §4; 2005 c.488 §5; 2023 c.200 §3a]

Source: Section 163.412 — Exceptions to unlawful sexual penetration prohibition , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 166.360 — OR Code / Title 16 / Chapter 166 / Section 166.360
166.360 Definitions for ORS 166.360 to 166.380
Status: in_force

As used in ORS 166.360 (Definitions for ORS 166.360 to 166.380) to 166.380 (Examination of firearm by peace officer) , unless the context requires otherwise:

(1) “Capitol building” means the Capitol, the State Office Building, the State Library Building, the Labor and Industries Building, the State Transportation Building, the Agriculture Building or the Public Service Building and includes any new buildings which may be constructed on the same grounds as an addition to the group of buildings listed in this subsection.

(2) “Court facility” means a courthouse or that portion of any other building occupied by a circuit court, the Court of Appeals, the Supreme Court or the Oregon Tax Court or occupied by personnel related to the operations of those courts, or in which activities related to the operations of those courts take place.

(3) “Judge” means a judge of a circuit court, the Court of Appeals, the Supreme Court, the Oregon Tax Court, a municipal court, a probate court or a juvenile court or a justice of the peace.

(4) “Judicial district” means a circuit court district established under ORS 3.012 (Judicial districts) or a justice of the peace district established under ORS 51.020 (Justice of the peace districts) .

(5) “Juvenile court” has the meaning given that term in ORS 419A.004 (Definitions) .

(6) “Loaded firearm” means:

(a) A breech-loading firearm in which there is an unexpended cartridge or shell in or attached to the firearm including but not limited to, in a chamber, magazine or clip which is attached to the firearm.

(b) A muzzle-loading firearm which is capped or primed and has a powder charge and ball, shot or projectile in the barrel or cylinder.

(7) “Local court facility” means the portion of a building in which a justice court, a municipal court, a probate court or a juvenile court conducts business, during the hours in which the court operates.

(8) “Probate court” has the meaning given that term in ORS 111.005 (Definitions for probate law) .

(9) “Public building” means:

(a) A hospital, a capitol building, a public or private school, as defined in ORS 339.315 (Report required if person has unlawful firearm or destructive device) , a college or university, a city hall or the residence of any state official elected by the state at large, and the grounds adjacent to each such building. The term also includes that portion of any other building occupied by an agency of the state or by a city, a county, a district as defined in ORS 198.010 (“District” defined for chapter) or any other entity that falls within the definition of “municipal corporation” in ORS 297.405 (Definitions for ORS 297.020, 297.230, 297.405 to 297.740 and 297.990) , other than a court facility; or

(b) The passenger terminal of a commercial service airport with over one million passenger boardings per year.

(10) “Weapon” means:

(a) A firearm;

(b) Any dirk, dagger, ice pick, slingshot, metal knuckles or any similar instrument or a knife, other than an ordinary pocketknife with a blade less than four inches in length, the use of which could inflict injury upon a person or property;

(c) Mace, tear gas, pepper mace or any similar deleterious agent as defined in ORS 163.211 (Definitions for ORS 163.211 to 163.213) ;

(d) An electrical stun gun or any similar instrument;

(e) A tear gas weapon as defined in ORS 163.211 (Definitions for ORS 163.211 to 163.213) ;

(f) A club, bat, baton, billy club, bludgeon, knobkerrie, nunchaku, nightstick, truncheon or any similar instrument, the use of which could inflict injury upon a person or property; or

(g) A dangerous or deadly weapon as those terms are defined in ORS 161.015 (General definitions) . [1969 c.705 §1; 1977 c.769 §2; 1979 c.398 §1; 1989 c.982 §4; 1993 c.741 §2; 1999 c.577 §2; 1999 c.782 §6; 2001 c.201 §1; 2015 c.351 §1; 2021 c.146 §9]

Source: Section 166.360 — Definitions for ORS 166.360 to 166.380 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html (accessed May 26, 2025).
ORS § 161.398 — OR Code / Title 16 / Chapter 161 / Section 161.398
161.398 Restorative justice program
Status: in_force

(1) Intentionally left blank —Ed.

(a) The Psychiatric Security Review Board may develop a restorative justice program to assist the recovery of crime victims when a person is found guilty except for insanity of a crime or responsible except for insanity for an act.

(b) The board may enter into a contract with a nonprofit educational institution or other nonprofit organization that provides for the administration of the restorative justice program by the institution or organization.

(2) Any documents or oral communications created, submitted or provided for use in the restorative justice program are confidential, exempt from public disclosure and:

(a) May not be disclosed to or used by board members.

(b) May not be used or disclosed by restorative justice program staff, volunteers or participants for any purpose unrelated to the program.

(c) Are not admissible as evidence in any subsequent administrative or judicial proceeding, including board proceedings and deliberations.

(3) The board may adopt rules to carry out the provisions of this section. [2017 c.442 §1]

Source: Section 161.398 — Restorative justice program; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors161.­html (accessed May 26, 2025).
ORS § 165.810 — OR Code / Title 16 / Chapter 165 / Section 165.810
165.810 Unlawful possession of a personal identification device
Status: in_force

(1) A person commits the crime of unlawful possession of a personal identification device if the person possesses a personal identification device with the intent to use the device to commit a crime. As used in this subsection, “personal identification device” means a device that is used to manufacture or print:

(a) A driver license or permit or an identification card issued by any state or the federal government;

(b) An employee identification card issued by an employer; or

(c) A credit or debit card.

(2) Unlawful possession of a personal identification device is a Class C felony. [2003 c.632 §1]

Source: Section 165.810 — Unlawful possession of a personal identification device , https://www.­oregonlegislature.­gov/bills_laws/ors/ors165.­html (accessed May 26, 2025).
ORS § 163.755 — OR Code / Title 16 / Chapter 163 / Section 163.755
163.755 Conduct for which stalking protective order may not be issued
Status: in_force

(1) Nothing in ORS 30.866 (Action for issuance or violation of stalking protective order) or 163.730 (Definitions for ORS 30.866 and 163.730 to 163.750) to 163.750 (Violating a court’s stalking protective order) shall be construed to permit the issuance of a court’s stalking protective order under ORS 30.866 (Action for issuance or violation of stalking protective order) or 163.738 (Effect of citation) , the issuance of a citation under ORS 163.735 (Citation) , a criminal prosecution under ORS 163.732 (Stalking) or a civil action under ORS 30.866 (Action for issuance or violation of stalking protective order) :

(a) For conduct that is authorized or protected by the labor laws of this state or of the United States.

(b) By or on behalf of a person who is in the legal or physical custody of a law enforcement unit or is in custody under ORS chapter 419C.

(c) By or on behalf of a person not described in paragraph (b) of this subsection to or against another person who:

(A) Is a parole and probation officer or an officer, employee or agent of a law enforcement unit, a county juvenile department or the Oregon Youth Authority; and

(B) Is acting within the scope of the other person’s official duties.

(2) As used in this section, “law enforcement unit” and “parole and probation officer” have the meanings given those terms in ORS 181A.355 (Definitions for ORS 181A.355 to 181A.689) . [1995 c.353 §8; 2003 c.292 §1]

Note: 163.755 (Conduct for which stalking protective order may not be issued) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 163.755 — Conduct for which stalking protective order may not be issued , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 167.810 — OR Code / Title 16 / Chapter 167 / Section 167.810
167.810 Creating a hazard
Status: in_force

(1) A person commits the crime of creating a hazard if:

(a) The person intentionally maintains or leaves in a place accessible to children a container with a compartment of more than one and one-half cubic feet capacity and a door or lid which locks or fastens automatically when closed and which cannot easily be opened from the inside; or

(b) Being the owner or otherwise having possession of property upon which there is a well, cistern, cesspool, excavation or other hole of a depth of four feet or more and a top width of 12 inches or more, the owner intentionally fails or refuses to cover or fence it with a suitable protective construction.

(2) Creating a hazard is a Class B misdemeanor. [1971 c.743 §284]

Source: Section 167.810 — Creating a hazard , https://www.­oregonlegislature.­gov/bills_laws/ors/ors167.­html (accessed May 26, 2025).
ORS § 169.070 — OR Code / Title 16 / Chapter 169 / Section 169.070
169.070 Coordination of state services by Department of Corrections
Status: in_force

(1) The Department of Corrections shall provide and coordinate state services to local governments with respect to local correctional facilities and juvenile detention facilities. The Director of the Department of Corrections shall designate staff to provide technical assistance to local governmental agencies in the planning and operation of local correctional facilities, lockups, temporary holds and juvenile detention facilities, and advice on provisions of state law applicable to these facilities. The department shall inspect local correctional facilities, lockups, temporary holds and juvenile detention facilities, to ensure compliance with the standards established in ORS 169.076 (Standards for local correctional facilities) to 169.078 (Standards for temporary hold facilities) , 169.740 (Standards for juvenile detention facilities) and 419A.059 (Designation of detention and shelter facilities) .

(2) In carrying out its duties under subsection (1) of this section, the department may enter into agreements with public or private entities to conduct inspections of local correctional facilities, lockups, temporary holds and juvenile detention facilities.

(3) When a county that operates a local correctional facility has conducted, or caused a public or private entity to conduct, an inspection of the local correctional facility within 24 months before an inspection would be conducted under subsection (1) of this section, the department is not required to conduct the next inspection required under subsection (1) of this section if:

(a) The standards meet or exceed the standards established in ORS 169.076 (Standards for local correctional facilities) ;

(b) The inspection is conducted in a manner that allows the county to satisfy the requirement of paragraph (c) of this subsection; and

(c) Within 45 days after the inspection is completed, the county provides to the department:

(A) A statement or copy of the standards used to conduct the inspection and the date the standards were adopted; and

(B) A portion of the findings and recommendations of the inspection that is the equivalent of the information that would have been obtained in an inspection conducted under subsection (1) of this section.

(4) The information provided to the department under subsection (3) of this section is a public record for the purposes of ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) and is subject to the same disclosure requirements and retention schedule that applies to an inspection conducted under subsection (1) of this section. [1973 c.740 §2; 1979 c.338 §2; 1979 c.487 §2; 1987 c.320 §91; 1993 c.33 §310; 2003 c.475 §1; 2013 c.63 §1; 2019 c.382 §19]

Source: Section 169.070 — Coordination of state services by Department of Corrections; inspections to determine compliance with standards , https://www.­oregonlegislature.­gov/bills_laws/ors/ors169.­html (accessed May 26, 2025).
ORS § 169.673 — OR Code / Title 16 / Chapter 169 / Section 169.673
169.673 Conversion of state correctional institutions into regional correctional facilities
Status: in_force

(1) The Department of Corrections shall negotiate with Marion County and Umatilla County, respectively, the conversion of Oregon State Correctional Institution and Eastern Oregon Correctional Institution into regional correctional facilities to house both state and county prisoners. The department shall include in the negotiations any other nearby counties desiring to participate in the operation of the regional correctional facility.

(2) If agreement is reached with Marion County, in the case of the Oregon State Correctional Institution, and with Umatilla County, in the case of Eastern Oregon Correctional Institution, the department shall proceed to operate those institutions, or either of them as to which agreement is negotiated, as regional correctional facilities according to the terms of the agreement. [1985 c.708 §6; 1987 c.320 §103]

Source: Section 169.673 — Conversion of state correctional institutions into regional correctional facilities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors169.­html (accessed May 26, 2025).
ORS § 162.265 — OR Code / Title 16 / Chapter 162 / Section 162.265
162.265 Bribing a witness
Status: in_force

(1) A person commits the crime of bribing a witness if the person offers, confers or agrees to confer any pecuniary benefit upon a witness in any official proceeding, or a person the person believes may be called as a witness, with the intent that:

(a) The testimony of the person as a witness will thereby be influenced; or

(b) The person will avoid legal process summoning the person to testify; or

(c) The person will be absent from any official proceeding to which the person has been legally summoned.

(2) Bribing a witness is a Class C felony. [1971 c.743 §201]

Source: Section 162.265 — Bribing a witness , https://www.­oregonlegislature.­gov/bills_laws/ors/ors162.­html (accessed May 26, 2025).
ORS § 163a.015 — OR Code / Title 16 / Chapter 163a / Section 163a.015
163A.015 Reporting by sex offender discharged, released or placed on probation by court or another United States jurisdiction
Status: in_force

(1) The agency to which a person reports under subsection (4) of this section shall complete a sex offender registration form concerning the person when the person reports under subsection (4) of this section.

(2) Subsection (4) of this section applies to a person who is discharged, released or placed on probation:

(a) By the court after being convicted in this state of a sex crime;

(b) By a federal court after being convicted of a crime for which the person would have to register as a sex offender under federal law, regardless of whether the crime would constitute a sex crime in this state; or

(c) To or in this state under ORS 144.610 (Out-of-state supervision of parolees) after being convicted in another United States court of a crime:

(A) That would constitute a sex crime if committed in this state; or

(B) For which the person would have to register as a sex offender in that court’s jurisdiction, regardless of whether the crime would constitute a sex crime in this state.

(3) The court shall ensure that the person completes a form that documents the person’s obligation to report under ORS 163A.010 (Reporting by sex offender discharged, paroled or released from correctional facility or another United States jurisdiction) or this section. No later than three working days after the person completes the form required by this subsection, the court shall ensure that the form is sent to the Department of State Police.

(4) Intentionally left blank —Ed.

(a) A person described in subsection (2) of this section shall report, in person, to the Department of State Police, a city police department or a county sheriff’s office, in the county to which the person was discharged or released or in which the person was placed on probation:

(A) Within 10 days following discharge, release or placement on probation;

(B) Within 10 days of a change of residence;

(C) Within 10 days of a legal change of name;

(D) Once each year within 10 days of the person’s birth date, regardless of whether the person changed residence;

(E) Within 10 days of the first day the person works at, carries on a vocation at or attends an institution of higher education;

(F) Within 10 days of a change in work, vocation or attendance status at an institution of higher education; and

(G) At least 21 days prior to any intended travel outside of the United States.

(b) If a person required to report under this subsection has complied with the initial reporting requirement under paragraph (a)(A) of this subsection, the person shall subsequently report, in person, in the circumstances specified in paragraph (a) of this subsection, as applicable, to the Department of State Police, a city police department or a county sheriff’s office, in the county of the person’s last reported residence.

(c) The obligation to report under this subsection terminates if the conviction or adjudication that gave rise to the obligation is reversed or vacated or if the registrant is pardoned.

(5) As part of the registration and reporting requirements of this section:

(a) The person required to report shall:

(A) Provide the information necessary to complete the sex offender registration form and sign the form as required; and

(B) Submit to the requirements described in paragraph (b) of this subsection.

(b) The Department of State Police, the city police department or the county sheriff’s office:

(A) Shall photograph the person when the person initially reports under this section and each time the person reports annually under this section;

(B) May photograph the person or any identifying scars, marks or tattoos located on the person when the person reports under any of the circumstances described in this section; and

(C) Shall fingerprint the person if the person’s fingerprints are not included in the record file of the Department of State Police. [Formerly 181.807; 2019 c.430 §12]

Source: Section 163A.015 — Reporting by sex offender discharged, released or placed on probation by court or another United States jurisdiction , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163A.­html (accessed May 26, 2025).
ORS § 164.868 — OR Code / Title 16 / Chapter 164 / Section 164.868
164.868 Unlawful labeling of a sound recording
Status: in_force

(1) A person commits unlawful labeling of a sound recording if the person:

(a) Fails to disclose the origin of a sound recording when the person knowingly advertises or offers for sale or resale, sells, resells, rents, leases, or lends or possesses for any of these purposes, any sound recording that does not contain the true name and address of the manufacturer in a prominent place on the cover, jacket or label of the sound recording; and

(b) Possesses five or more duplicate copies or 20 or more individual copies of recordings produced without consent of the owner or performer and the recordings are intended for sale or distribution in violation of this section.

(2) Unlawful labeling of a sound recording is a Class C felony. [1993 c.95 §7]

Note: See note under 164.864 (Definitions for ORS 164.864 to 164.882) .

Source: Section 164.868 — Unlawful labeling of a sound recording , https://www.­oregonlegislature.­gov/bills_laws/ors/ors164.­html (accessed May 26, 2025).
ORS § 166.266 — OR Code / Title 16 / Chapter 166 / Section 166.266
166.266 Sale, transfer or possession of firearm without serial number
Status: in_force

(1) Intentionally left blank —Ed.

(a) A person may not knowingly offer for sale, sell or transfer a firearm unless the firearm has been imprinted with a serial number by a federally licensed firearm manufacturer, importer or dealer, or a gunsmith with a federal firearms license, in accordance with federal law.

(b) A person may not knowingly possess a firearm unless the firearm has been imprinted with a serial number by a federally licensed firearm manufacturer, importer or dealer, or a gunsmith with a federal firearms license, in accordance with federal law.

(2) This section does not apply to:

(a) Antique firearms;

(b) Firearms manufactured prior to October 22, 1968;

(c) Firearms rendered permanently inoperable;

(d) The sale, offer to sell, or transfer of a firearm to, or possession of a firearm by, a person licensed as a firearm manufacturer, importer or dealer under 18 U.S.C. 923; or

(e) A gunsmith taking possession of a firearm for the purpose of imprinting the firearm with a serial number in accordance with federal law.

(3) Intentionally left blank —Ed.

(a) A violation of subsection (1)(a) of this section constitutes a Class B violation.

(b) Notwithstanding paragraph (a) of this subsection, a violation of subsection (1)(a) of this section is a Class A misdemeanor if, at the time of the offense, the person has a prior conviction under this section or ORS 166.265 (Manufacture, importation, sale or transfer of undetectable firearm) or 166.267 (Importation, sale, transfer or possession of unfinished frame or receiver) .

(c) Notwithstanding paragraphs (a) and (b) of this subsection, a violation of subsection (1)(a) of this section is a Class B felony if, at the time of the offense, the person has two or more prior convictions under this section or ORS 166.265 (Manufacture, importation, sale or transfer of undetectable firearm) or 166.267 (Importation, sale, transfer or possession of unfinished frame or receiver) .

(d) A violation of subsection (1)(b) of this section occurring before September 1, 2024, does not constitute an offense.

(4) A person convicted of any offense under this section shall forfeit the firearm.

(5) As used in this section, “prior conviction” includes a conviction for a violation offense. [2023 c.229 §4]

Note: The amendments to 166.266 (Sale, transfer or possession of firearm without serial number) by section 8, chapter 229, Oregon Laws 2023, become operative September 1, 2024. See section 10, chapter 229, Oregon Laws 2023. The text that is operative on and after September 1, 2024, is set forth for the user’s convenience.

166.266 (Sale, transfer or possession of firearm without serial number) . (1) A person may not knowingly possess, offer for sale, sell or transfer a firearm unless the firearm has been imprinted with a serial number by a federally licensed firearm manufacturer, importer or dealer, or a gunsmith with a federal firearms license, in accordance with federal law.

(2) This section does not apply to:

(a) Antique firearms;

(b) Firearms manufactured prior to October 22, 1968;

(c) Firearms rendered permanently inoperable;

(d) The sale, offer to sell, or transfer of a firearm to, or possession of a firearm by, a person licensed as a firearm manufacturer, importer or dealer under 18 U.S.C. 923; or

(e) A gunsmith taking possession of a firearm for the purpose of imprinting the firearm with a serial number in accordance with federal law.

(3) Intentionally left blank —Ed.

(a) A violation of subsection (1) of this section constitutes a Class B violation.

(b) Notwithstanding paragraph (a) of this subsection, a violation of subsection (1) of this section is a Class A misdemeanor if, at the time of the offense, the person has a prior conviction under this section or ORS 166.265 (Manufacture, importation, sale or transfer of undetectable firearm) or 166.267 (Importation, sale, transfer or possession of unfinished frame or receiver) .

(c) Notwithstanding paragraphs (a) and (b) of this subsection, a violation of subsection (1) of this section is a Class B felony if, at the time of the offense, the person has two or more prior convictions under this section or ORS 166.265 (Manufacture, importation, sale or transfer of undetectable firearm) or 166.267 (Importation, sale, transfer or possession of unfinished frame or receiver) .

(4) A person convicted of any offense under this section shall forfeit the firearm.

(5) As used in this section, “prior conviction” includes a conviction for a violation offense.

Source: Section 166.266 — Sale, transfer or possession of firearm without serial number , https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html (accessed May 26, 2025).
ORS § 166.403 — OR Code / Title 16 / Chapter 166 / Section 166.403
166.403 Duty to supervise upon transfer of firearm to minor
Status: in_force

(1) Except as provided in subsections (3) and (4) of this section, a person who delivers or otherwise transfers a firearm to a minor shall directly supervise the minor’s use of the firearm.

(2) Intentionally left blank —Ed.

(a) If a person delivers or otherwise transfers a firearm to a minor and fails to directly supervise the minor’s use of the firearm as required by subsection (1) of this section, in an action against the person to recover damages for injury to a person or property caused by the minor’s use of the firearm, the failure to supervise constitutes negligence per se, and the presumption of negligence may not be overcome by a showing that the person acted reasonably.

(b) Paragraph (a) of this subsection does not apply if the injury results from a lawful act of self-defense or defense of another person.

(3) A person who delivers or otherwise transfers a firearm to a minor may delegate to another person, with the consent of the other person and the minor’s parent or guardian, the duty to supervise the minor’s use of the firearm. If the duty to supervise is delegated under this subsection, subsection (2) of this section applies to the person assuming the duty to supervise.

(4) Intentionally left blank —Ed.

(a) This section does not apply, with respect to a particular firearm other than a handgun, if:

(A) The firearm is transferred to a minor in accordance with ORS 166.470 (Limitations and conditions for sales of firearms) , and, as a result of the transfer, the minor is the owner of the firearm; or

(B) The firearm is temporarily transferred to a minor by the minor’s parent or guardian or by another person with the consent of the minor’s parent or guardian, for the purpose of hunting in accordance with ORS 497.360 (Hunter safety certificate) , hunting of a predatory animal as defined in ORS 610.002 or target shooting at a shooting range, shooting gallery or other area designed for the purpose of target shooting.

(b) The exception described in paragraph (a)(B) of this subsection applies only during the time in which the minor is engaged in activities related to hunting or target shooting. [2021 c.146 §6]

Source: Section 166.403 — Duty to supervise upon transfer of firearm to minor; civil liability , https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html (accessed May 26, 2025).
ORS § 162.415 — OR Code / Title 16 / Chapter 162 / Section 162.415
162.415 Official misconduct in the first degree
Status: in_force

(1) A public servant commits the crime of official misconduct in the first degree if:

(a) With intent to obtain a benefit or to harm another:

(A) The public servant knowingly fails to perform a duty imposed upon the public servant by law or one clearly inherent in the nature of office; or

(B) The public servant knowingly performs an act constituting an unauthorized exercise in official duties; or

(b) The public servant, while acting as a supervisory employee, violates ORS 162.405 (Official misconduct in the second degree) and is aware of and consciously disregards the fact that the violation creates a risk of:

(A) Physical injury to a vulnerable person;

(B) The commission of a sex crime as defined in ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235) against a vulnerable person; or

(C) The withholding from a vulnerable person of necessary and adequate food, physical care or medical attention.

(2) Official misconduct in the first degree is a Class A misdemeanor.

(3) As used in this section:

(a) “Supervisory employee” means a person having the authority, in the interest of an employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline other employees.

(b) “Vulnerable person” has the meaning given that term in ORS 136.427 (Confessions) . [1971 c.743 §215; 2017 c.519 §1]

Source: Section 162.415 — Official misconduct in the first degree , https://www.­oregonlegislature.­gov/bills_laws/ors/ors162.­html (accessed May 26, 2025).
ORS § 166.715 — OR Code / Title 16 / Chapter 166 / Section 166.715
166.715 Definitions for ORS 166.715 to 166.735
Status: in_force

As used in ORS 166.715 (Definitions for ORS 166.715 to 166.735) to 166.735 (Short title) , unless the context requires otherwise:

(1) “Documentary material” means any book, paper, document, writing, drawing, graph, chart, photograph, phonograph record, magnetic tape, computer printout, other data compilation from which information can be obtained or from which information can be translated into usable form, or other tangible item.

(2) “Enterprise” includes any individual, sole proprietorship, partnership, corporation, business trust or other profit or nonprofit legal entity, and includes any union, association or group of individuals associated in fact although not a legal entity, and both illicit and licit enterprises and governmental and nongovernmental entities.

(3) “Investigative agency” means the Department of Justice or any district attorney.

(4) “Pattern of racketeering activity” means engaging in at least two incidents of racketeering activity that have the same or similar intents, results, accomplices, victims or methods of commission or otherwise are interrelated by distinguishing characteristics, including a nexus to the same enterprise, and are not isolated incidents, provided at least one of such incidents occurred after November 1, 1981, and that the last of such incidents occurred within five years after a prior incident of racketeering activity. Notwithstanding ORS 131.505 (Definitions for ORS 131.505 to 131.525) to 131.525 (Previous prosecution) or 419A.190 (Effect of adjudicatory hearing or admission) or any other provision of law providing that a previous prosecution is a bar to a subsequent prosecution, conduct that constitutes an incident of racketeering activity may be used to establish a pattern of racketeering activity without regard to whether the conduct previously has been the subject of a criminal prosecution or conviction or a juvenile court adjudication, unless the prosecution resulted in an acquittal or the adjudication resulted in entry of an order finding the youth not to be within the jurisdiction of the juvenile court.

(5) “Person” means any individual or entity capable of holding a legal or beneficial interest in real or personal property.

(6) “Racketeering activity” includes conduct of a person committed both before and after the person attains the age of 18 years, and means to commit, to attempt to commit, to conspire to commit, or to solicit, coerce or intimidate another person to commit:

(a) Any conduct that constitutes a crime, as defined in ORS 161.515 (“Crime” described) , under any of the following provisions of the Oregon Revised Statutes:

(A) ORS 59.005 (Short title) to 59.505 (Provision of records to law enforcement and certain state agencies) , 59.710 (Definitions for ORS 59.710 to 59.830) to 59.830 (Self-incrimination by witness) , 59.991 (Criminal penalties for ORS 59.005 to 59.505, 59.710 to 59.830, 59.991 and 59.995) and 59.995 (Civil penalties for ORS 59.005 to 59.505, 59.710 to 59.830 and 59.991) , relating to securities;

(B) ORS 162.015 (Bribe giving) , 162.025 (Bribe receiving) and 162.065 (Perjury) to 162.085 (Unsworn falsification) , relating to bribery and perjury;

(C) ORS 162.235 (Obstructing governmental or judicial administration) , 162.265 (Bribing a witness) to 162.305 (Tampering with public records) , 162.325 (Hindering prosecution) , 162.335 (Compounding) , 162.355 (Simulating legal process) and 162.365 (Criminal impersonation of a public servant) , relating to obstructing governmental administration;

(D) ORS 162.405 (Official misconduct in the second degree) to 162.425 (Misuse of confidential information) , relating to abuse of public office;

(E) ORS 162.455 (Interfering with legislative operations) , relating to interference with legislative operation;

(F) ORS 163.095 (“Aggravated murder” defined) to 163.115 (Murder in the second degree) , 163.118 (Manslaughter in the first degree) , 163.125 (Manslaughter in the second degree) and 163.145 (Criminally negligent homicide) , relating to criminal homicide;

(G) ORS 163.160 (Assault in the fourth degree) to 163.205 (Criminal mistreatment in the first degree) , relating to assault and related offenses;

(H) ORS 163.225 (Kidnapping in the second degree) and 163.235 (Kidnapping in the first degree) , relating to kidnapping;

(I) ORS 163.275 (Coercion) , relating to coercion;

(J) ORS 163.665 (Definitions) to 163.693 (Failure to report child pornography) , relating to sexual conduct of children;

(K) ORS 164.015 (“Theft” described) , 164.043 (Theft in the third degree) , 164.045 (Theft in the second degree) , 164.055 (Theft in the first degree) , 164.057 (Aggravated theft in the first degree) , 164.075 (Extortion) to 164.095 (Theft by receiving) , 164.098 (Organized retail theft) , 164.125 (Theft of services) , 164.135 (Unauthorized use of a vehicle) , 164.140 (Criminal possession of rented or leased personal property) , 164.215 (Burglary in the second degree) , 164.225 (Burglary in the first degree) and 164.245 (Criminal trespass in the second degree) to 164.270 (Closure of premises to motor-propelled vehicles) , relating to theft, burglary, criminal trespass and related offenses;

(L) ORS 164.315 (Arson in the second degree) to 164.335 (Reckless burning) , relating to arson and related offenses;

(M) ORS 164.345 (Criminal mischief in the third degree) to 164.365 (Criminal mischief in the first degree) , relating to criminal mischief;

(N) ORS 164.395 (Robbery in the third degree) to 164.415 (Robbery in the first degree) , relating to robbery;

(O) ORS 164.865 (Unlawful sound recording) , 164.875 (Unlawful videotape recording) and 164.868 (Unlawful labeling of a sound recording) to 164.872 (Unlawful labeling of a videotape recording) , relating to unlawful recording or labeling of a recording;

(P) ORS 165.007 (Forgery in the second degree) to 165.022 (Criminal possession of a forged instrument in the first degree) , 165.032 (Criminal possession of a forgery device) to 165.042 (Fraudulently obtaining a signature) and 165.055 (Fraudulent use of a credit card) to 165.070 (Possessing fraudulent communications device) , relating to forgery and related offenses;

(Q) ORS 165.080 (Falsifying business records) to 165.109 (Failing to maintain a cedar purchase record) , relating to business and commercial offenses;

(R) ORS 165.540 (Obtaining contents of communications) and 165.555 (Unlawful telephone solicitation of contributions for charitable purposes) , relating to communication crimes;

(S) ORS 166.180 (Negligently wounding another) , 166.190 (Pointing firearm at another) , 166.220 (Unlawful use of weapon) , 166.250 (Unlawful possession of firearms) , 166.270 (Possession of weapons by certain felons) , 166.275 (Possession of weapons by inmates of institutions) , 166.410 (Manufacture, importation or sale of firearms) , 166.450 (Obliteration or change of identification number on firearms) and 166.470 (Limitations and conditions for sales of firearms) , relating to firearms and other weapons;

(T) ORS 164.377 (Computer crime) (2) to (4), as punishable under ORS 164.377 (Computer crime) (5)(b), 167.007 (Prostitution) to 167.017 (Compelling prostitution) , 167.057 (Luring a minor) , 167.062 (Sadomasochistic abuse or sexual conduct in live show) to 167.080 (Displaying obscene materials to minors) , 167.090 (Publicly displaying nudity or sex for advertising purposes) , 167.122 (Unlawful gambling in the second degree) to 167.137 (Possession of gambling records in the first degree) , 167.147 (Possession of a gambling device) , 167.164 (Possession of a gray machine) , 167.167 (Cheating) , 167.212 (Tampering with drug records) , 167.355 (Involvement in animal fighting) , 167.365 (Dogfighting) , 167.370 (Participation in dogfighting) , 167.428 (Cockfighting) , 167.431 (Participation in cockfighting) and 167.439 (Forcible recovery of a fighting bird) , relating to prostitution, obscenity, sexual conduct, gambling, computer crimes involving the Oregon State Lottery, animal fighting, forcible recovery of a fighting bird and related offenses;

(U) ORS 171.990 (Penalty for witness failing to appear or to give testimony in legislative proceeding) , relating to legislative witnesses;

(V) ORS 260.575 (Use of threats and intimidation for purpose of extorting money) and 260.665 (Undue influence to affect registration, voting, candidacy, signing petitions) , relating to election offenses;

(W) ORS 314.075 (Evading requirements of law prohibited) , relating to income tax;

(X) ORS 180.440 (Prohibited conduct) (2) and 180.486 (Prohibited conduct) (2) and ORS chapter 323, relating to cigarette and tobacco products taxes and the directories developed under ORS 180.425 (Attorney General’s directory) and 180.477 (Attorney General’s directory) ;

(Y) ORS 411.630 (Unlawfully obtaining public assistance or medical assistance) , 411.675 (Submitting wrongful claim for payment of public assistance or medical assistance) , 411.690 (Liability of person wrongfully receiving payment of public assistance or medical assistance) and 411.840 (Unlawfully obtaining or disposing of supplemental nutrition assistance) , relating to public assistance payments or medical assistance benefits, and ORS 411.990 (Penalties) (2) and (3);

(Z) ORS 462.140 (Prohibitions concerning bookmaking, betting) , 462.415 (Animals prohibited from racing) and 462.420 (Stimulating or depressing participating animal prohibited) to 462.520 (Penalty for falsely using name of racing official as source of information in commission of touting) , relating to racing;

(AA) ORS 463.995 (Penalties) , relating to entertainment wrestling and unarmed combat sports, as defined in ORS 463.015 (Definitions) ;

(BB) ORS 471.305 (Delivery of alcoholic beverages) , 471.360 (Service permit required) , 471.392 (Definitions for ORS 471.392 to 471.400) to 471.400 (Exceptions to prohibition of financial assistance) , 471.403 (License required to produce alcoholic liquor) , 471.404 (Importing liquor without license prohibited) , 471.405 (Prohibited sales, purchases, possession, transportation, importation or solicitation in general) , 471.425 (Misrepresentations by licensee and others) , 471.442 (Wine compliance with standards) , 471.445 (Use of misleading mark or label on container) , 471.446 (Seals on wine and cider containers) , 471.485 (Payment required on or before delivery of liquor) , 471.490 (Delivery or acceptance of instrument drawn upon insufficient funds or not payable according to terms) and 471.675 (Resisting arrest or interfering with enforcement) , relating to alcoholic liquor, and any of the provisions of ORS chapter 471 relating to licenses issued under the Liquor Control Act;

(CC) ORS 475C.005 (Short title) to 475C.525 (Severability of ORS 475C.005 to 475C.525) , relating to marijuana items as defined in ORS 475C.009 (Definitions for ORS 475C.005 to 475C.525) ;

(DD) ORS 475.005 (Definitions for ORS 475.005 to 475.285 and 475.752 to 475.980) to 475.285 (Short title) and 475.752 (Prohibited acts generally) to 475.980 (Affirmative defense to ORS 475.969, 475.971, 475.975 (1) and 475.976 (1)) , relating to controlled substances;

(EE) ORS 480.070 (Fire bombs prohibited) , 480.210 (Certificate, license or permit required) , 480.215 (Transfer of explosives limited) , 480.235 (Waiting period for issuance of certificate of possession) and 480.265 (Report of loss, theft or unlawful removal of explosives required) , relating to explosives;

(FF) ORS 819.010 (Failure to comply with requirements for destruction of vehicle) , 819.040 (Illegal salvage procedures) , 822.100 (Conducting a motor vehicle dismantling business without a certificate) , 822.135 (Improperly conducting motor vehicle dismantling business) and 822.150 (Failure to return revoked, canceled or suspended certificate or identification card) , relating to motor vehicles;

(GG) ORS 658.452 (Prohibitions relating to discharge of or discrimination against employee) or 658.991 (Criminal penalties) (2) to (4), relating to labor contractors;

(HH) ORS chapter 706, relating to banking law administration;

(II) ORS chapter 714, relating to branch banking;

(JJ) ORS chapter 716, relating to mutual savings banks;

(KK) ORS chapter 723, relating to credit unions;

(LL) ORS chapter 726, relating to pawnbrokers;

(MM) ORS 166.382 (Possession of destructive device prohibited) and 166.384 (Unlawful manufacture of destructive device) , relating to destructive devices;

(NN) ORS 165.074 (Unlawful factoring of payment card transaction) ;

(OO) ORS 86A.095 (Short title) to 86A.198 (Materials in languages other than English) , relating to mortgage bankers and mortgage brokers;

(PP) ORS chapter 496, 497 or 498, relating to wildlife;

(QQ) ORS 163.355 (Rape in the third degree) to 163.427 (Sexual abuse in the first degree) , relating to sexual offenses;

(RR) ORS 166.015 (Riot) , relating to riot;

(SS) ORS 166.155 (Bias crime in the second degree) and 166.165 (Bias crime in the first degree) , relating to bias crimes;

(TT) ORS chapter 696, relating to real estate and escrow;

(UU) ORS chapter 704, relating to outfitters and guides;

(VV) ORS 165.692 (Making false claim for health care payment) , relating to making a false claim for health care payment;

(WW) ORS 162.117 (Public investment fraud) , relating to public investment fraud;

(XX) ORS 164.170 (Laundering a monetary instrument) or 164.172 (Engaging in a financial transaction in property derived from unlawful activity) ;

(YY) ORS 647.140 (Trademark counterfeiting in third degree) , 647.145 (Trademark counterfeiting in second degree) or 647.150 (Trademark counterfeiting in first degree) , relating to trademark counterfeiting;

(ZZ) ORS 164.886 (Unlawful tree spiking) ;

(AAA) ORS 167.312 (Research and animal interference) and 167.388 (Interference with livestock production) ;

(BBB) ORS 164.889 (Interference with agricultural research) ;

(CCC) ORS 165.800 (Identity theft) ; or

(DDD) ORS 163.263 (Subjecting another person to involuntary servitude in the second degree) , 163.264 (Subjecting another person to involuntary servitude in the first degree) or 163.266 (Trafficking in persons) .

(b) Any conduct defined as “racketeering activity” under 18 U.S.C. 1961 (1)(B), (C), (D) and (E).

(7) “Unlawful debt” means any money or other thing of value constituting principal or interest of a debt that is legally unenforceable in the state in whole or in part because the debt was incurred or contracted:

(a) In violation of any one of the following:

(A) ORS chapter 462, relating to racing;

(B) ORS 167.108 (Definitions for ORS 167.109 and 167.112) to 167.164 (Possession of a gray machine) , relating to gambling; or

(C) ORS 82.010 (Legal rate of interest) to 82.170 (Notice to borrower of lender authority to refuse to accept repayment prior to date for repayment in loan agreement) , relating to interest and usury.

(b) In gambling activity in violation of federal law or in the business of lending money at a rate usurious under federal or state law.

(8) Notwithstanding contrary provisions in ORS 174.060 (Effect of amendment of statute adopted by reference) , when this section references a statute in the Oregon Revised Statutes that is substantially different in the nature of its essential provisions from what the statute was when this section was enacted, the reference shall extend to and include amendments to the statute. [1981 c.769 §2; 1983 c.338 §898; 1983 c.715 §1; 1985 c.176 §5; 1985 c.557 §8; 1987 c.158 §31; 1987 c.249 §7; 1987 c.789 §20; 1987 c.907 §12; 1989 c.384 §2; 1989 c.839 §27; 1989 c.846 §13; 1989 c.982 §6; 1991 c.398 §3; 1991 c.962 §6; 1993 c.95 §13; 1993 c.215 §1; 1993 c.508 §45; 1993 c.680 §29; 1995 c.301 §35; 1995 c.440 §13; 1995 c.768 §10; 1997 c.631 §420; 1997 c.789 §1; 1997 c.867 §23; 1999 c.722 §8; 1999 c.878 §4; 2001 c.146 §1; 2001 c.147 §3; 2003 c.111 §1; 2003 c.484 §8; 2003 c.801 §15; 2003 c.804 §66; 2007 c.498 §3; 2007 c.585 §26; 2007 c.811 §7; 2007 c.869 §7; 2009 c.717 §25; 2011 c.597 §166; 2011 c.681 §6; 2013 c.584 §27; 2013 c.688 §23; 2017 c.21 §46; 2017 c.235 §21; 2019 c.553 §15]

Source: Section 166.715 — Definitions for ORS 166.715 to 166.735 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html (accessed May 26, 2025).
ORS § 166.382 — OR Code / Title 16 / Chapter 166 / Section 166.382
166.382 Possession of destructive device prohibited
Status: in_force

(1) A person commits the crime of unlawful possession of a destructive device if the person possesses:

(a) Any of the following devices with an explosive, incendiary or poison gas component:

(A) Bomb;

(B) Grenade;

(C) Rocket having a propellant charge of more than four ounces;

(D) Missile having an explosive or incendiary charge of more than one-quarter ounce; or

(E) Mine; or

(b) Any combination of parts either designed or intended for use in converting any device into any destructive device described in paragraph (a) of this subsection and from which a destructive device may be readily assembled.

(2) As used in this section:

(a) “Destructive device” does not include any device which is designed primarily or redesigned primarily for use as a signaling, pyrotechnic, line throwing, safety or similar device.

(b) “Possess” has the meaning given that term in ORS 161.015 (General definitions) .

(3) This section does not apply to:

(a) Persons who possess explosives as provided in ORS 480.200 (Definitions for ORS 480.200 to 480.290) to 480.290 (Requirements for person driving vehicle transporting explosives) .

(b) The possession of an explosive by a member of the Armed Forces of the United States while on active duty and engaged in the performance of official duties or by a member of a regularly organized fire or police department of a public agency while engaged in the performance of official duties.

(c) The possession of an explosive in the course of transportation by way of railroad, water, highway or air while under the jurisdiction of, or in conformity with, regulations adopted by the United States Department of Transportation.

(d) The possession, sale, transfer or manufacture of an explosive by a person acting in accordance with the provisions of any applicable federal law or regulation that provides substantially the same requirements as the comparable provisions of ORS 480.200 (Definitions for ORS 480.200 to 480.290) to 480.290 (Requirements for person driving vehicle transporting explosives) .

(4) Possession of a destructive device is a Class C felony. [1989 c.982 §1]

Source: Section 166.382 — Possession of destructive device prohibited; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html (accessed May 26, 2025).
ORS § 161.348 — OR Code / Title 16 / Chapter 161 / Section 161.348
161.348 Judicial review
Status: in_force

(1) When a person over whom the Psychiatric Security Review Board exercises jurisdiction under ORS 161.315 (Right of state to obtain mental examination of defendant) to 161.351 (Discharge by board) or 419C.544 (Transfer of cases from juvenile panel to adult panel of Psychiatric Security Review Board) is adversely affected or aggrieved by a final order of the board, the person is entitled to judicial review of the final order. The person is entitled on judicial review to suitable counsel possessing skills and experience commensurate with the nature and complexity of the case. If the person is financially eligible, suitable counsel shall be appointed by the reviewing court in the manner provided in ORS 138.500 (Appointment of counsel and furnishing of transcript for appellant without funds) (1). If the person is financially eligible, the executive director of the Oregon Public Defense Commission shall determine and pay, as provided in ORS 138.500 (Appointment of counsel and furnishing of transcript for appellant without funds) , the cost of briefs, any other expenses of the person necessary to the review and compensation for counsel appointed for the person. The costs, expenses and compensation so allowed shall be paid as provided in ORS 138.500 (Appointment of counsel and furnishing of transcript for appellant without funds) .

(2) The order and the proceedings underlying the order are subject to review by the Court of Appeals upon petition to that court filed within 60 days of the order for which review is sought. The board shall submit to the court the record of the proceeding or, if the person agrees, a shortened record. The record may include a certified true copy of a tape recording of the proceedings at a hearing in accordance with ORS 161.346 (Hearings on discharge, conditional release, commitment or modification) . A copy of the record transmitted shall be delivered to the person by the board.

(3) The court may affirm, reverse or remand the order on the same basis as provided in ORS 183.482 (Jurisdiction for review of contested cases) (8).

(4) The filing of the petition does not stay the order of the board, but the board or the Court of Appeals may order a stay upon application on such terms as are deemed proper. [2011 c.708 §9; 2017 c.442 §8; 2023 c.281 §42]

Source: Section 161.348 — Judicial review , https://www.­oregonlegislature.­gov/bills_laws/ors/ors161.­html (accessed May 26, 2025).
ORS § 169.155 — OR Code / Title 16 / Chapter 169 / Section 169.155
169.155 Definitions for ORS 169.155 and 169.166
Status: in_force

As used in ORS 169.166 (Liability for costs of medical services) and this section:

(1) “Local correctional facility” includes lockups and temporary hold facilities.

(2) “Reasonable efforts to collect the charges and expenses” means that the provider has billed the individual to whom the emergency medical services were provided or the insurer or health care service contractor of the individual before seeking to collect from the keeper of the local correctional facility. [1979 c.530 §4; 1993 c.196 §6]

Source: Section 169.155 — Definitions for ORS 169.155 and 169.166 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors169.­html (accessed May 26, 2025).
ORS § 161.346 — OR Code / Title 16 / Chapter 161 / Section 161.346
161.346 Hearings on discharge, conditional release, commitment or modification
Status: in_force

(1) When the Psychiatric Security Review Board conducts a hearing under ORS 161.315 (Right of state to obtain mental examination of defendant) to 161.351 (Discharge by board) , the board shall enter an order and make findings in support of the order. If the board finds that a person under the jurisdiction of the board:

(a) Is no longer affected by a qualifying mental disorder, or, if so affected, no longer presents a substantial danger to others, the board shall order the person discharged from commitment and conditional release.

(b) Is still affected by a qualifying mental disorder and is a substantial danger to others, but can be controlled adequately if conditionally released with treatment as a condition of release, the board shall order the person conditionally released as provided in ORS 161.336 (Conditional release by board) .

(c) Has not recovered from the qualifying mental disorder, is a substantial danger to others and cannot adequately be controlled if conditionally released on supervision, the board shall order the person committed to, or retained in, a state hospital, or if the person is under 18 years of age, a secure intensive community inpatient facility, for care, custody and treatment.

(2) To assist the board in making the determination described in subsection (1) of this section, the board may, at any time, appoint a psychiatrist or licensed psychologist to examine the person and to submit a report to the board. The report must include an opinion as to the mental condition of the person, whether the person presents a substantial danger to others and whether the person could be adequately controlled with treatment as a condition of release.

(3) The board may make the determination regarding discharge or conditional release based upon the written reports submitted pursuant to this section. If any member of the board desires further information from the examining psychiatrist or licensed psychologist who submitted the report, the board shall summon the person to give testimony. The board shall consider all evidence available to it that is material, relevant and reliable regarding the issues before the board. The evidence may include but is not limited to the record of trial, the information supplied by the attorney representing the state or by any other interested party, including the person, and information concerning the person’s mental condition and the entire psychiatric and criminal history of the person. All evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their serious affairs shall be admissible at hearings. Testimony shall be taken upon oath or affirmation of the witness from whom received. The officer presiding at the hearing shall administer oaths or affirmations to witnesses.

(4) The board shall furnish to the person about whom the hearing is being conducted, the attorney representing the person, the Attorney General and the district attorney of the county from which the person was committed written notice of any hearing pending under this section within a reasonable time prior to the hearing. The notice shall include:

(a) The time, place and location of the hearing.

(b) The nature of the hearing and the specific action for which a hearing has been requested, the issues to be considered at the hearing and a reference to the particular sections of the statutes and rules involved.

(c) A statement of the legal authority and jurisdiction under which the hearing is to be held.

(d) A statement of all rights under subsection (6) of this section.

(5) Prior to the commencement of the hearing, the board shall serve personally or by mail a written notice to each party as provided in ORS 183.413 (Notice to parties before hearing of rights and procedure) (2).

(6) At the hearing, the person about whom the hearing is being held shall have the right:

(a) To appear at all proceedings held pursuant to this section, except for deliberations.

(b) To cross-examine all witnesses appearing to testify at the hearing.

(c) To subpoena witnesses and documents as provided in ORS 161.395 (Subpoena power) .

(d) To be represented by suitable legal counsel possessing skills and experience commensurate with the nature and complexity of the case, to consult with counsel prior to the hearing and, if financially eligible, to have suitable counsel appointed at state expense.

(e) To examine all information, documents and reports that the board considers. If then available to the board, the information, documents and reports shall be disclosed to the person so as to allow examination prior to the hearing.

(7) A record shall be kept of all hearings conducted under ORS 161.315 (Right of state to obtain mental examination of defendant) to 161.351 (Discharge by board) , except for deliberations.

(8) Upon request of any party, or on motion of the board, the hearing may be continued for a reasonable period not to exceed 60 days to obtain additional information or testimony or for other good cause shown.

(9) Within 30 days following the conclusion of the hearing, the board shall provide to the person, the attorney representing the person, the Attorney General or other attorney representing the state, if any, written notice of the order entered by the board.

(10) The burden of proof on all issues at hearings under ORS 161.315 (Right of state to obtain mental examination of defendant) to 161.351 (Discharge by board) shall be by a preponderance of the evidence.

(11) If the board determines that the person about whom the hearing is being held is financially eligible, the board shall appoint suitable counsel to represent the person. Counsel so appointed shall be an attorney who satisfies the minimum standards established by the Oregon Public Defense Commission under ORS 151.216 (Commission duties) . The executive director of the commission shall determine and allow fair compensation for counsel appointed under this subsection and the reasonable expenses of the person in respect to the hearing. Compensation payable to appointed counsel shall not be less than the applicable compensation level established under ORS 151.216 (Commission duties) . The compensation and expenses so allowed shall be paid by the executive director from funds available for the purpose.

(12) The Attorney General may represent the state at contested hearings under ORS 161.315 (Right of state to obtain mental examination of defendant) to 161.351 (Discharge by board) unless the district attorney of the county from which the person was committed elects to represent the state. The district attorney of the county from which the person was committed shall cooperate with the Attorney General in securing the material necessary for presenting a contested hearing. If the district attorney elects to represent the state, the district attorney shall give timely written notice of such election to the Attorney General, the board and the attorney representing the person. [1977 c.380 §15 (enacted in lieu of 161.345); 1979 c.867 §6; 1979 c.885 §5; 1981 c.711 §7; 1981 s.s. c.3 §130; 1983 c.430 §1; 1985 c.502 §23; 1987 c.803 §19; 1991 c.827 §3; 2001 c.962 §40; 2003 c.449 §32; 2005 c.685 §4; 2007 c.288 §7; 2009 c.595 §105; 2011 c.708 §1; 2017 c.232 §1; 2017 c.442 §2; 2017 c.634 §12; 2023 c.281 §41]

Source: Section 161.346 — Hearings on discharge, conditional release, commitment or modification; psychiatric reports; notice of hearing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors161.­html (accessed May 26, 2025).
ORS § 165.032 — OR Code / Title 16 / Chapter 165 / Section 165.032
165.032 Criminal possession of a forgery device
Status: in_force

(1) A person commits the crime of criminal possession of a forgery device if:

(a) The person makes or possesses with knowledge of its character any plate, die or other device, apparatus, equipment or article specifically designed for use in counterfeiting or otherwise forging written instruments; or

(b) With intent to use, or to aid or permit another to use, the same for purposes of forgery, the person makes or possesses any device, apparatus, equipment or article capable of or adaptable to such use.

(2) Criminal possession of a forgery device is a Class C felony. [1971 c.743 §156]

Source: Section 165.032 — Criminal possession of a forgery device , https://www.­oregonlegislature.­gov/bills_laws/ors/ors165.­html (accessed May 26, 2025).
ORS § 166.540 — OR Code / Title 16 / Chapter 166 / Section 166.540
166.540 Return of surrendered deadly weapons
Status: in_force

(1) If an extreme risk protection order is terminated or expires without renewal, a law enforcement agency holding any deadly weapon or concealed handgun license that has been surrendered pursuant to the order shall return the surrendered items as requested by the respondent of the order only after:

(a) Confirming through a criminal background check, if the deadly weapon is a firearm, that the respondent is legally eligible to own or possess firearms under state and federal law; and

(b) Confirming that the extreme risk protection order is no longer in effect.

(2) The owner of a deadly weapon, if the deadly weapon is a firearm, in the custody of a law enforcement agency pursuant to ORS 166.537 (Surrender of deadly weapons pursuant to order) who does not wish to have the firearm returned is entitled to sell or transfer title of any firearm to a licensed gun dealer as defined in ORS 166.412 (Definitions) , provided that the firearm is lawful to own or possess and the person has a legal right to transfer title of the firearm.

(3) A deadly weapon surrendered by a person pursuant to ORS 166.537 (Surrender of deadly weapons pursuant to order) that remains unclaimed by the owner shall be disposed of in accordance with the law enforcement agency’s policies and procedures for the disposal of deadly weapons in the agency’s custody. [2017 c.737 §7]

Source: Section 166.540 — Return of surrendered deadly weapons , https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html (accessed May 26, 2025).
ORS § 163.476 — OR Code / Title 16 / Chapter 163 / Section 163.476
163.476 Unlawfully being in a location where children regularly congregate
Status: in_force

(1) A person commits the crime of unlawfully being in a location where children regularly congregate if the person:

(a) Intentionally left blank —Ed.

(A) Has been designated a sexually violent dangerous offender under ORS 137.765 (Sexually violent dangerous offenders) ;

(B) Has been classified as a level three sex offender under ORS 163A.100 (Risk assessment methodology) (3), and does not have written approval from the State Board of Parole and Post-Prison Supervision or the person’s supervisory authority or supervising officer to be in or upon the specific premises;

(C) Has been sentenced as a dangerous offender under ORS 161.725 (Standards for sentencing of dangerous offenders) upon conviction of a sex crime; or

(D) Has been given a similar designation or been sentenced under a similar law of another jurisdiction; and

(b) Knowingly enters or remains in or upon premises where persons under 18 years of age regularly congregate.

(2) As used in this section:

(a) “Premises where persons under 18 years of age regularly congregate” means schools, child care centers, playgrounds, other places intended for use primarily by persons under 18 years of age and places where persons under 18 years of age gather for regularly scheduled educational and recreational programs.

(b) “Sex crime” has the meaning given that term in ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235) .

(3) Unlawfully being in a location where children regularly congregate is a Class A misdemeanor. [2005 c.811 §1; 2013 c.708 §12; 2015 c.820 §§17,24; 2017 c.442 §34; 2019 c.430 §§5,9]

Note: 163.476 (Unlawfully being in a location where children regularly congregate) and 163.479 (Unlawful contact with a child) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 163.476 — Unlawfully being in a location where children regularly congregate , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 165.545 — OR Code / Title 16 / Chapter 165 / Section 165.545
165.545 Prohibitions not applicable to fire or police activities
Status: in_force

Nothing in ORS 165.535 (Definitions applicable to obtaining contents of communications) , 165.540 (Obtaining contents of communications) and this section, shall be construed as preventing fire or police governmental entities from recording, replaying or broadcasting telecommunication or radio communication that directly concern police or fire operation at the telephone or radio operation center or centers of such governmental entity. [1959 c.681 §6; 1981 c.806 §2; 1983 c.740 §36]

Source: Section 165.545 — Prohibitions not applicable to fire or police activities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors165.­html (accessed May 26, 2025).
ORS § 164.886 — OR Code / Title 16 / Chapter 164 / Section 164.886
164.886 Unlawful tree spiking
Status: in_force

(1) A person commits the crime of unlawful tree spiking if the person knowingly drives or places in any tree or saw log, without the prior consent of the owner thereof, any iron, steel or other substance sufficiently hard to damage saws or wood manufacturing or processing equipment with intent to cause inconvenience, annoyance or alarm to any other person.

(2) Except as provided in subsection (3) of this section, unlawful tree spiking is a Class C felony.

(3) Unlawful tree spiking that results in serious physical injury to another person is a Class B felony.

(4) Any person who possesses, with the intent to use in violation of subsections (1) to (3) of this section, any iron, steel or other substance sufficiently hard to damage saws or wood manufacturing or processing equipment is guilty of a Class A misdemeanor. [Formerly 164.877]

Source: Section 164.886 — Unlawful tree spiking; unlawful possession of substance that can damage certain wood processing equipment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors164.­html (accessed May 26, 2025).
ORS § 164.045 — OR Code / Title 16 / Chapter 164 / Section 164.045
164.045 Theft in the second degree
Status: in_force

(1) A person commits the crime of theft in the second degree if:

(a) By means other than extortion, the person commits theft as defined in ORS 164.015 (“Theft” described) ; and

(b) The total value of the property in a single or aggregate transaction is $100 or more and less than $1,000.

(2) Theft in the second degree is a Class A misdemeanor. [1971 c.743 §124; 1987 c.907 §3; 1993 c.680 §19; 2009 c.11 §12; 2009 c.16 §2]

Source: Section 164.045 — Theft in the second degree , https://www.­oregonlegislature.­gov/bills_laws/ors/ors164.­html (accessed May 26, 2025).
ORS § 164.305 — OR Code / Title 16 / Chapter 164 / Section 164.305
164.305 Definitions for ORS 164.305 to 164.377
Status: in_force

As used in ORS 164.305 (Definitions for ORS 164.305 to 164.377) to 164.377 (Computer crime) , except as the context requires otherwise:

(1) “Protected property” means any structure, place or thing customarily occupied by people, including “public buildings” as defined by ORS 479.168 (Definitions for ORS 479.168 to 479.190 and 479.990) and “forestland,” as defined by ORS 477.001 (Definitions) .

(2) “Property of another” means property in which anyone other than the actor has a legal or equitable interest that the actor has no right to defeat or impair, even though the actor may also have such an interest in the property. [1971 c.743 §141; 1977 c.640 §1; 1989 c.584 §1; 2003 c.543 §1]

Source: Section 164.305 — Definitions for ORS 164.305 to 164.377 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors164.­html (accessed May 26, 2025).
ORS § 166.167 — OR Code / Title 16 / Chapter 166 / Section 166.167
166.167 Community service as sentence for bias crime
Status: in_force

If a court sentences a person to community service for a violation of ORS 166.155 (Bias crime in the second degree) or 166.165 (Bias crime in the first degree) and the conduct that was the subject of the violation occurred while on the waters of this state or on publicly owned land used for outdoor recreation, the community service may include:

(1) Habitat restoration or restoration or maintenance of outdoor recreation facilities under the supervision of the State Parks and Recreation Department, the State Department of Fish and Wildlife or the State Marine Board; and

(2) Anti-bias training. [2021 c.393 §3]

Source: Section 166.167 — Community service as sentence for bias crime , https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html (accessed May 26, 2025).
ORS § 166.293 — OR Code / Title 16 / Chapter 166 / Section 166.293
166.293 Denial or revocation of license
Status: in_force

(1) If the application for the concealed handgun license is denied, the sheriff shall set forth in writing the reasons for the denial. The denial shall be sent to the applicant by certified mail, restricted delivery, within 45 days after the application was made. If no decision is issued within 45 days, the person may seek review under the procedures in subsection (5) of this section.

(2) Notwithstanding ORS 166.291 (Issuance of concealed handgun license) (1), and subject to review as provided in subsection (5) of this section, a sheriff may deny a concealed handgun license if the sheriff has reasonable grounds to believe that the applicant has been or is reasonably likely to be a danger to self or others, or to the community at large, as a result of the applicant’s mental or psychological state or as demonstrated by the applicant’s past pattern of behavior involving unlawful violence or threats of unlawful violence.

(3) Intentionally left blank —Ed.

(a) Any act or condition that would prevent the issuance of a concealed handgun license is cause for revoking a concealed handgun license.

(b) A sheriff may revoke a concealed handgun license by serving upon the licensee a notice of revocation. The notice must contain the grounds for the revocation and must be served either personally or by certified mail, restricted delivery. The notice and return of service shall be included in the file of the licensee. The revocation is effective upon the licensee’s receipt of the notice.

(4) Any peace officer or corrections officer may seize a concealed handgun license and return it to the issuing sheriff if the license is held by a person who has been arrested or cited for a crime that can or would otherwise disqualify the person from being issued a concealed handgun license. The issuing sheriff shall hold the license for 30 days. If the person is not charged with a crime within the 30 days, the sheriff shall return the license unless the sheriff revokes the license as provided in subsection (3) of this section.

(5) A person denied a concealed handgun license or whose license is revoked or not renewed under ORS 166.291 (Issuance of concealed handgun license) to 166.295 (Renewal of license) may petition the circuit court in the petitioner’s county of residence to review the denial, nonrenewal or revocation. The petition must be filed within 30 days after the receipt of the notice of denial or revocation.

(6) The judgment affirming or overturning the sheriff’s decision shall be based on whether the petitioner meets the criteria that are used for issuance of a concealed handgun license and, if the petitioner was denied a concealed handgun license, whether the sheriff has reasonable grounds for denial under subsection (2) of this section. Whenever the petitioner has been previously sentenced for a crime under ORS 161.610 (Enhanced penalty for use of firearm during commission of felony) or for a crime of violence for which the person could have received a sentence of more than 10 years, the court shall grant relief only if the court finds that relief should be granted in the interest of justice.

(7) Notwithstanding the provisions of ORS 9.320 (Necessity for employment of attorney) , a party that is not a natural person, the state or any city, county, district or other political subdivision or public corporation in this state, without appearance by attorney, may appear as a party to an action under this section.

(8) Petitions filed under this section shall be heard and disposed of within 15 judicial days of filing or as soon as practicable thereafter.

(9) Filing fees for actions shall be as for any civil action filed in the court. If the petitioner prevails, the amount of the filing fee shall be paid by the respondent to the petitioner and may be incorporated into the court order.

(10) Initial appeals of petitions shall be heard de novo.

(11) Any party to a judgment under this section may appeal to the Court of Appeals in the same manner as for any other civil action.

(12) If the governmental entity files an appeal under this section and does not prevail, it shall be ordered to pay the attorney fees for the prevailing party. [1989 c.839 §9a ( 166.291 (Issuance of concealed handgun license) to 166.293 (Denial or revocation of license) enacted in lieu of 166.290); 1993 c.735 §6; 1995 c.518 §3; 1995 c.658 §89; 1999 c.1052 §7; 2003 c.14 §65; 2007 c.202 §1; 2007 c.368 §3; 2015 c.7 §8]

Source: Section 166.293 — Denial or revocation of license; review , https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html (accessed May 26, 2025).
ORS § 163.702 — OR Code / Title 16 / Chapter 163 / Section 163.702
163.702 Exceptions to ORS 163.700 and 163.701
Status: in_force

(1) The provisions of ORS 163.700 (Invasion of personal privacy in the second degree) and 163.701 (Invasion of personal privacy in the first degree) do not apply to:

(a) Any legitimate medical procedure performed by or under the direction of a person licensed to provide medical service for the purpose of medical diagnosis, treatment, education or research, including, but not limited to, the recording of medical procedures; and

(b) Any activity undertaken in the course of bona fide law enforcement or corrections activity or necessary to the proper functioning of the criminal justice system, including but not limited to the operation and management of jails, prisons and other youth and adult corrections facilities.

(2) The provisions of ORS 163.701 (Invasion of personal privacy in the first degree) (1)(a) do not apply to a visual recording of a person under 12 years of age if:

(a) The person who makes or records the visual recording is the father, mother, sibling, grandparent, aunt, uncle or first cousin, by blood, adoption or marriage, of the person under 12 years of age; and

(b) The visual recording is made or recorded for a purpose other than arousing or gratifying the sexual desire of the person or another person. [1997 c.697 §2; 2009 c.877 §2; 2015 c.645 §7]

Note: See note under 163.700 (Invasion of personal privacy in the second degree) .

Source: Section 163.702 — Exceptions to ORS 163.700 and 163.701 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 166.125 — OR Code / Title 16 / Chapter 166 / Section 166.125
166.125 Domestic terrorism in the first degree
Status: in_force

(1) A person commits the crime of domestic terrorism in the first degree if the person, with the intent to cause widespread sickness, contagion, serious physical injury, death or the disruption of services provided by critical infrastructure:

(a) Intentionally destroys or substantially damages critical infrastructure; or

(b) Intentionally introduces, releases or disperses a toxic substance into widespread contact with human beings.

(2) Domestic terrorism in the first degree is a Class B felony.

(3) The Oregon Criminal Justice Commission shall classify domestic terrorism in the first degree as crime category 9 of the sentencing guidelines grid of the commission. [2023 c.608 §2]

Source: Section 166.125 — Domestic terrorism in the first degree , https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html (accessed May 26, 2025).
ORS § 169.677 — OR Code / Title 16 / Chapter 169 / Section 169.677
169.677 Converted facilities to house felony or misdemeanant prisoners
Status: in_force

If a Department of Corrections institution is made to operate as a regional correctional facility pursuant to agreement under ORS 169.673 (Conversion of state correctional institutions into regional correctional facilities) , the purposes of the institution shall include the imprisonment of either felony or misdemeanant prisoners, or both, of the parties to the agreement under which the facility is operated. [1985 c.708 §7; 1987 c.320 §104]

Source: Section 169.677 — Converted facilities to house felony or misdemeanant prisoners , https://www.­oregonlegislature.­gov/bills_laws/ors/ors169.­html (accessed May 26, 2025).
ORS § 166.436 — OR Code / Title 16 / Chapter 166 / Section 166.436
166.436 Department of State Police criminal background checks for gun show firearm transfers
Status: in_force

(1) The Department of State Police shall make the telephone number established under ORS 166.412 (Definitions) (5) available for requests for criminal background checks under this section from persons who are not gun dealers and who are transferring firearms at gun shows.

(2) Prior to transferring a firearm at a gun show, a transferor who is not a gun dealer shall by telephone verify that the transferee has a valid permit-to-purchase a firearm under ORS 166.505 (Permits to purchase firearms) , and request that the department conduct a criminal background check on the recipient upon providing the following information to the department:

(a) The name, address and telephone number of the transferor;

(b) The make, model, caliber and manufacturer’s number of the firearm being transferred;

(c) The name, date of birth, race, sex and address of the recipient;

(d) The Social Security number of the recipient if the recipient voluntarily provides that number;

(e) The address of the place where the transfer is occurring; and

(f) The type, issuer and identification number of a current piece of identification bearing a recent photograph of the recipient presented by the recipient. The identification presented by the recipient must meet the requirements of ORS 166.412 (Definitions) (4)(a).

(3) Intentionally left blank —Ed.

(a) Upon receipt of a request for a criminal background check under this section, the department shall immediately, during the telephone call or by return call:

(A) Determine from criminal records and other information available to it whether the recipient is disqualified under ORS 166.470 (Limitations and conditions for sales of firearms) from completing the transfer or is otherwise prohibited by state or federal law from possessing a firearm; and

(B) Notify the transferor when a recipient is disqualified from completing the transfer or provide the transferor with a unique approval number indicating that the recipient is qualified to complete the transfer. The unique approval number is a permit valid for 24 hours for the requested transfer. If the firearm is not transferred from the transferor to the recipient within 24 hours after receipt of the unique approval number, a new request must be made by the transferor.

(b) If the department is unable to determine whether the recipient is qualified for or disqualified from completing the transfer within 30 minutes of receiving the request, the department shall notify the transferor and provide the transferor with an estimate of the time when the department will provide the requested information.

(c) The transferor may not transfer the firearm unless the transferor receives a unique approval number from the department and, within 48 hours of the completed transfer, the transferor shall notify the state that the transfer to the permit holder was completed.

(4) A public employee or public agency incurs no criminal or civil liability for performing the criminal background checks required by this section, provided the employee or agency acts in good faith and without malice.

(5) Intentionally left blank —Ed.

(a) The department may retain a record of the information obtained during a request for a criminal background check under this section for the period of time provided in ORS 166.412 (Definitions) (7), as amended by section 6, chapter 1, Oregon Laws 2023.

(b) The record of the information obtained during a request for a criminal background check under this section is exempt from disclosure under public records law.

(c) If the department determines that a recipient is prohibited from possessing a firearm under ORS 166.250 (Unlawful possession of firearms) (1)(c), the department shall report the attempted transfer, the recipient’s name and any other personally identifiable information to all federal, state and local law enforcement agencies and district attorneys that have jurisdiction over the location or locations where the attempted transfer was made and where the recipient resides.

(d) If the department determines that, based on the judgment of conviction, the recipient is prohibited from possessing a firearm as a condition of probation or that the recipient is currently on post-prison supervision or parole, the department shall report the attempted transfer to the recipient’s supervising officer and the district attorney of the county in which the conviction occurred.

(e) If the department determines that the recipient is prohibited from possessing a firearm due to a court order described in ORS 166.255 (Possession of firearm or ammunition by certain persons prohibited) (1)(a), the department shall report the attempted transfer to the court that issued the order.

(f) If the department determines that the recipient is under the jurisdiction of the Psychiatric Security Review Board, the department shall report the attempted transfer to the board.

(g) Reports required by paragraphs (c) to (f) of this subsection shall be made within 24 hours after the determination is made, unless a report would compromise an ongoing investigation, in which case the report may be delayed as long as necessary to avoid compromising the investigation.

(h) On or before January 31 of each year, a law enforcement agency or a prosecuting attorney’s office that received a report pursuant to paragraph (c) of this subsection during the previous calendar year shall inform the department of any action that was taken concerning the report and the outcome of the action.

(i) The department shall annually publish a written report, based on any information received under paragraph (h) of this subsection, detailing the following information for the previous year:

(A) The number of recipients whom the department determined were prohibited from possessing a firearm under ORS 166.250 (Unlawful possession of firearms) (1)(c), arranged by category of prohibition;

(B) The number of reports made pursuant to paragraph (c) of this subsection;

(C) The number of investigations arising from the reports made pursuant to paragraph (c) of this subsection, the number of investigations concluded and the number of investigations referred for prosecution, all arranged by category of prohibition; and

(D) The number of criminal charges arising from the reports made pursuant to paragraph (c) of this subsection and the disposition of the charges, both arranged by category of prohibition.

(6) The recipient of the firearm must be present when the transferor requests a criminal background check under this section.

(7) Intentionally left blank —Ed.

(a) Except as otherwise provided in paragraph (b) of this subsection, a transferor who receives notification under this section that the recipient is qualified to complete the transfer of a firearm, has the recipient fill out the form required by ORS 166.438 (Transfer of firearms at gun shows) (1)(a) and retains the form as required by ORS 166.438 (Transfer of firearms at gun shows) (2) is immune from civil liability for any use of the firearm from the time of the transfer unless the transferor knows, or reasonably should know, that the recipient is likely to commit an unlawful act involving the firearm.

(b) The immunity provided by paragraph (a) of this subsection does not apply:

(A) If the transferor knows, or reasonably should know, that the recipient of the firearm intends to deliver the firearm to a third person who the transferor knows, or reasonably should know, may not lawfully possess the firearm; or

(B) In any product liability civil action under ORS 30.900 (“Product liability civil action” defined) to 30.920 (When seller or lessor of product liable) . [2001 c.1 §6; 2015 c.50 §3; 2018 c.5 §5; 2018 c.120 §16; 2023 c.1 §8]

Note: See first note under 166.355 (Manufacture, importation, possession, use, purchase, sale or transfer of large-capacity magazine) .

Note: See second note under 166.355 (Manufacture, importation, possession, use, purchase, sale or transfer of large-capacity magazine) .

Note: See third note under 166.355 (Manufacture, importation, possession, use, purchase, sale or transfer of large-capacity magazine) .

Source: Section 166.436 — Department of State Police criminal background checks for gun show firearm transfers; prohibited transfer report; liability , https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html (accessed May 26, 2025).
ORS § 166.259 — OR Code / Title 16 / Chapter 166 / Section 166.259
166.259 Relinquishment of firearm upon conviction of certain offenses
Status: in_force

(1) When a person is convicted of an offense described in ORS 166.255 (Possession of firearm or ammunition by certain persons prohibited) (1)(b) or (c), the court shall, at the time of conviction:

(a) Indicate in the judgment of conviction that the person is prohibited from possessing firearms and ammunition under ORS 166.250 (Unlawful possession of firearms) and 166.255 (Possession of firearm or ammunition by certain persons prohibited) ;

(b) Inform the person, orally and in writing, that the person is prohibited from possessing firearms and ammunition;

(c) Order in writing that the person transfer all firearms and ammunition in the person’s possession in accordance with subsection (2) of this section; and

(d) Order that the person file a declaration as described in subsection (4) of this section.

(2) Intentionally left blank —Ed.

(a) Within 24 hours of the court’s order under subsection (1) of this section, the person shall transfer all firearms and ammunition in the person’s possession to a local law enforcement agency, to a gun dealer as defined in ORS 166.412 (Definitions) or to a third party who does not reside with the person, and shall obtain a proof of transfer under paragraph (b) of this subsection. A transfer to a third party under this subsection must be in accordance with ORS 166.435 (Firearm transfers by unlicensed persons) , except that the criminal background check exceptions in ORS 166.435 (Firearm transfers by unlicensed persons) (4) do not apply.

(b) A law enforcement agency, gun dealer or third party receiving a firearm or ammunition pursuant to this subsection shall issue to the person a written proof of transfer. The proof of transfer must include the person’s name, the date of transfer and the serial number, make and model of each transferred firearm. A proof of transfer issued by a third party must also include the unique approval number from the Department of State Police from the criminal background check conducted under ORS 166.435 (Firearm transfers by unlicensed persons) .

(c) A person transferring a firearm or ammunition to a third party under this subsection shall additionally obtain from the third party a declaration under penalty of perjury confirming receipt of the firearm or ammunition and attesting that:

(A) The third party understands that the person is prohibited from possessing firearms and ammunition; and

(B) The third party is subject to criminal penalties if the third party allows the person access to the firearm or ammunition during the prohibition.

(3) Intentionally left blank —Ed.

(a) A law enforcement agency may accept a firearm or ammunition transferred under this section.

(b) A gun dealer may purchase or may accept for storage a firearm or ammunition transferred under this section.

(4) Intentionally left blank —Ed.

(a) Within two judicial days of the court’s order under subsection (1) of this section, the person shall file with the court a declaration under penalty of perjury attesting that:

(A) All firearms and ammunition in the person’s possession have been transferred under subsection (2) of this section to:

(i) A law enforcement agency;

(ii) A gun dealer; or

(iii) A third party;

(B) The person was not in possession of any firearms at the time of the court’s order and continues to not possess any firearms; or

(C) The person is asserting the person’s constitutional right against self-incrimination.

(b) The person shall file with the declaration a copy of the proof of transfer, if applicable, and a copy of the third party declaration, if applicable.

(5) The person shall concurrently file with the district attorney copies of the declaration, proof of transfer and third party declaration filed with the court under subsection (4) of this section.

(6) A person in possession of a firearm or ammunition in violation of ORS 166.255 (Possession of firearm or ammunition by certain persons prohibited) (1)(b) or (c) may not be prosecuted under ORS 166.250 (Unlawful possession of firearms) if:

(a) The person is in possession of a court order described in subsection (1) of this section issued within the previous 24 hours;

(b) The firearm is unloaded; and

(c) The person is transporting the firearm or ammunition to a law enforcement agency, gun dealer or third party for transfer in accordance with subsection (2) of this section.

(7) If the person does not file the declaration required under subsection (4) of this section, the district attorney may commence contempt proceedings under ORS 33.015 (Definitions for ORS 33.015 to 33.155) to 33.155 (Applicability) . [2019 c.201 §3]

Source: Section 166.259 — Relinquishment of firearm upon conviction of certain offenses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html (accessed May 26, 2025).
ORS § 163.730 — OR Code / Title 16 / Chapter 163 / Section 163.730
163.730 Definitions for ORS 30.866 and 163.730 to 163.750
Status: in_force

As used in ORS 30.866 (Action for issuance or violation of stalking protective order) and 163.730 (Definitions for ORS 30.866 and 163.730 to 163.750) to 163.750 (Violating a court’s stalking protective order) , unless the context requires otherwise:

(1) “Alarm” means to cause apprehension or fear resulting from the perception of danger.

(2) “Coerce” means to restrain, compel or dominate by force or threat.

(3) “Contact” includes but is not limited to:

(a) Coming into the visual or physical presence of the other person;

(b) Following the other person;

(c) Waiting outside the home, property, place of work or school of the other person or of a member of that person’s family or household;

(d) Sending or making written or electronic communications in any form to the other person;

(e) Speaking with the other person by any means;

(f) Communicating with the other person through a third person;

(g) Committing a crime against the other person;

(h) Communicating with a third person who has some relationship to the other person with the intent of affecting the third person’s relationship with the other person;

(i) Communicating with business entities with the intent of affecting some right or interest of the other person;

(j) Damaging the other person’s home, property, place of work or school;

(k) Delivering directly or through a third person any object to the home, property, place of work or school of the other person; or

(L) Service of process or other legal documents unless the other person is served as provided in ORCP 7 or 9.

(4) “Household member” means any person residing in the same residence as the victim.

(5) “Immediate family” means father, mother, child, sibling, spouse, grandparent, stepparent and stepchild.

(6) “Law enforcement officer” means:

(a) A person employed in this state as a police officer by:

(A) A county sheriff, constable or marshal;

(B) A police department established by a university under ORS 352.121 (University police departments and officers) or 353.125 (Creation of police department and commission of police officers) ; or

(C) A municipal or state police agency; or

(b) An authorized tribal police officer as defined in ORS 181A.940 (Definitions for ORS 181A.940 to 181A.946) .

(7) “Repeated” means two or more times.

(8) “School” means a public or private institution of learning or a child care facility. [1993 c.626 §1; 1995 c.278 §27; 1995 c.353 §1; 2001 c.870 §1; 2007 c.71 §46; 2009 c.359 §2; 2011 c.644 §§24,66,73; 2013 c.180 §§25,26; 2015 c.174 §12]

Note: 163.730 (Definitions for ORS 30.866 and 163.730 to 163.750) to 163.753 (Immunity of officer acting in good faith) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 163.730 — Definitions for ORS 30.866 and 163.730 to 163.750 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 161.740 — OR Code / Title 16 / Chapter 161 / Section 161.740
161.740 Sentencing of juvenile offenders
Status: in_force

(1) A court may not impose a sentence of life imprisonment without the possibility of release or parole on a person who was under 18 years of age at the time of committing the offense.

(2) In determining the appropriate sentence for a person who was under 18 years of age at the time of committing the offense, if the court is provided information concerning the following circumstances, or any other relevant circumstances, the court shall consider those circumstances in imposing the sentence:

(a) The person’s age, intellectual capacity and impetuousness at the time of the offense.

(b) The person’s family and community environment, history of trauma and prior involvement in the juvenile dependency system at the time of the offense.

(c) The person’s ability at the time of the offense to appreciate the risks and consequences of the conduct constituting the offense.

(d) The person’s community involvement prior to the offense.

(e) Any peer or familial pressure to which the person was subjected at the time of the offense.

(f) Whether and to what extent an adult was involved in the commission of the offense.

(g) The person’s capacity for rehabilitation.

(h) The person’s school records and special education evaluations.

(i) Any other mitigating factors or circumstances presented by the person.

(3) Intentionally left blank —Ed.

(a) If the court is provided with a report of a mental health evaluation of the person, the court shall give the evaluation substantial weight in imposing the sentence if:

(A) The evaluation was conducted by a psychiatrist or psychologist whose primary practice involves the treatment of adolescents; and

(B) The report includes the assessment of the person’s degree of insight, judgment, self-awareness, emotional regulation and impulse control.

(b) Paragraph (a) of this subsection does not constitute a requirement that a person obtain or submit an evaluation for sentencing.

(4) When sentencing a person who was under 18 years of age at the time of committing the offense, under no circumstances may the court consider the age of the person as an aggravating factor.

(5) When sentencing a person who was under 18 years of age at the time of committing an offense to a term of imprisonment, the court shall indicate in the judgment:

(a) The age of the person at the time of committing the offense; and

(b) That the person is eligible for a hearing and release under ORS 144.397 (Release eligibility for juvenile offenders after 15 years of imprisonment) . [2019 c.634 §24]

Note: Section 32, chapter 634, Oregon Laws 2019, provides:

Sec. 32. (1) Sections 24 [ 161.740 (Sentencing of juvenile offenders) ] and 25 [ 144.397 (Release eligibility for juvenile offenders after 15 years of imprisonment) ], chapter 634, Oregon Laws 2019, and the amendments to ORS 137.071 (Requirements for judgment documents) , 137.124 (Commitment of defendant to Department of Corrections or county) , 137.705 (Definitions) , 137.707 (Mandatory minimum sentences for certain juvenile offenders waived to adult court) , 137.712 (Exceptions to ORS 137.700 and 137.707) , 144.185 (Records and information available to board) , 161.610 (Enhanced penalty for use of firearm during commission of felony) , 161.620 (Sentences imposed upon waiver) , 163.105 (Sentencing options for aggravated murder) , 163.115 (Murder in the second degree) , 163.155 (Sentencing for murder of pregnant victim) , 163A.130 (Relief from reporting obligation for juvenile offenders adjudicated in Oregon) , 163A.135 (Relief from reporting obligation for juvenile offenders adjudicated in another United States jurisdiction) , 339.317 (Notice to school district of person charged with crime) , 339.319 (Notice to school district of person convicted of crime) , 339.321 (Notice to school district and law enforcement agencies of release or discharge of person) , 419C.005 (Jurisdiction) , 419C.050 (Transfer to juvenile court from another court) , 419C.346 (Juvenile court’s retention of authority over parent) , 419C.349 (Grounds for waiving youth to adult court) , 419C.352 (Grounds for waiving youth under 15 years of age) , 419C.355 (Written findings required) , 419C.358 (Consolidation of nonwaivable and waivable charges) , 419C.361 (Disposition of nonwaivable consolidated charges and lesser included offenses) , 420.011 (Admissions to youth correction facilities) , 420.081 (Population limits) and 420A.203 (Eligibility for second look) and section 3, chapter 635, Oregon Laws 2019 [ 163.107 (Murder in the first degree) ], by sections 1 to 23 and 26 to 29, chapter 634, Oregon Laws 2019, and section 3a, chapter 635, Oregon Laws 2019, apply to sentences imposed on or after January 1, 2020.

(2) Notwithstanding subsection (1) of this section, sections 24 and 25, chapter 634, Oregon Laws 2019, and the amendments to ORS 137.071 (Requirements for judgment documents) , 137.124 (Commitment of defendant to Department of Corrections or county) , 137.705 (Definitions) , 137.707 (Mandatory minimum sentences for certain juvenile offenders waived to adult court) , 137.712 (Exceptions to ORS 137.700 and 137.707) , 144.185 (Records and information available to board) , 161.610 (Enhanced penalty for use of firearm during commission of felony) , 161.620 (Sentences imposed upon waiver) , 163.105 (Sentencing options for aggravated murder) , 163.115 (Murder in the second degree) , 163.155 (Sentencing for murder of pregnant victim) , 163A.130 (Relief from reporting obligation for juvenile offenders adjudicated in Oregon) , 163A.135 (Relief from reporting obligation for juvenile offenders adjudicated in another United States jurisdiction) , 339.317 (Notice to school district of person charged with crime) , 339.319 (Notice to school district of person convicted of crime) , 339.321 (Notice to school district and law enforcement agencies of release or discharge of person) , 419C.005 (Jurisdiction) , 419C.050 (Transfer to juvenile court from another court) , 419C.346 (Juvenile court’s retention of authority over parent) , 419C.349 (Grounds for waiving youth to adult court) , 419C.352 (Grounds for waiving youth under 15 years of age) , 419C.355 (Written findings required) , 419C.358 (Consolidation of nonwaivable and waivable charges) , 419C.361 (Disposition of nonwaivable consolidated charges and lesser included offenses) , 420.011 (Admissions to youth correction facilities) , 420.081 (Population limits) and 420A.203 (Eligibility for second look) and section 3, chapter 635, Oregon Laws 2019, by sections 1 to 23 and 26 to 29, chapter 634, Oregon Laws 2019, and section 3a, chapter 635, Oregon Laws 2019, do not apply to persons who were originally sentenced before January 1, 2020, and who are subsequently resentenced on or after January 1, 2020, as the result of an appellate decision or a post-conviction relief proceeding or for any other reason. [2019 c.634 §32; 2019 c.635 §3c; 2019 c.685 §4]

Source: Section 161.740 — Sentencing of juvenile offenders , https://www.­oregonlegislature.­gov/bills_laws/ors/ors161.­html (accessed May 26, 2025).
ORS § 162.185 — OR Code / Title 16 / Chapter 162 / Section 162.185
162.185 Supplying contraband
Status: in_force

(1) A person commits the crime of supplying contraband if:

(a) The person knowingly introduces any contraband into a correctional facility, youth correction facility or state hospital; or

(b) Being confined in a correctional facility, youth correction facility or state hospital, the person knowingly makes, obtains or possesses any contraband.

(2) Supplying contraband is a Class C felony. [1971 c.743 §194; 1983 c.815 §9; 1997 c.249 §48]

Source: Section 162.185 — Supplying contraband , https://www.­oregonlegislature.­gov/bills_laws/ors/ors162.­html (accessed May 26, 2025).
ORS § 166.210 — OR Code / Title 16 / Chapter 166 / Section 166.210
166.210 Definitions
Status: in_force

As used in ORS 166.250 (Unlawful possession of firearms) to 166.270 (Possession of weapons by certain felons) , 166.291 (Issuance of concealed handgun license) to 166.295 (Renewal of license) and 166.410 (Manufacture, importation or sale of firearms) to 166.470 (Limitations and conditions for sales of firearms) :

(1) “Antique firearm” means:

(a) Any firearm, including any firearm with a matchlock, flintlock, percussion cap or similar type of ignition system, manufactured in or before 1898; and

(b) Any replica of any firearm described in paragraph (a) of this subsection if the replica:

(A) Is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition; or

(B) Uses rimfire or conventional centerfire fixed ammunition that is no longer manufactured in the United States and that is not readily available in the ordinary channels of commercial trade.

(2) “Corrections officer” has the meaning given that term in ORS 181A.355 (Definitions for ORS 181A.355 to 181A.689) .

(3) “Firearm” means a weapon, by whatever name known, which is designed to expel a projectile by the action of powder.

(4) “Firearms silencer” means any device for silencing, muffling or diminishing the report of a firearm.

(5) “Frame” has the meaning given that term in 27 C.F.R. 478.12.

(6) “Handgun” means any pistol or revolver using a fixed cartridge containing a propellant charge, primer and projectile, and designed to be aimed or fired otherwise than from the shoulder.

(7) “Machine gun” means a weapon of any description by whatever name known, loaded or unloaded, which is designed or modified to allow two or more shots to be fired by a single pressure on the trigger device.

(8) “Major component” has the meaning given that term in 18 U.S.C. 922.

(9) “Minor” means a person under 18 years of age.

(10) “Offense” has the meaning given that term in ORS 161.505 (“Offense” described) .

(11) “Parole and probation officer” has the meaning given that term in ORS 181A.355 (Definitions for ORS 181A.355 to 181A.689) .

(12) “Peace officer” has the meaning given that term in ORS 133.005 (Definitions for ORS 133.005 to 133.400 and 133.410 to 133.450) .

(13) “Receiver” has the meaning given that term in 27 C.F.R. 478.12.

(14) “Security exemplar” has the meaning given that term in 18 U.S.C. 922.

(15) “Short-barreled rifle” means a rifle having one or more barrels less than 16 inches in length and any weapon made from a rifle if the weapon has an overall length of less than 26 inches.

(16) “Short-barreled shotgun” means a shotgun having one or more barrels less than 18 inches in length and any weapon made from a shotgun if the weapon has an overall length of less than 26 inches.

(17) “Undetectable firearm” means a firearm:

(a) Constructed or produced, including through a three-dimensional printing process, entirely of nonmetal substances;

(b) That, after removal of grips, stocks and magazines, is not as detectable as a security exemplar by a walk-through metal detector calibrated to detect the security exemplar; or

(c) That includes a major component that, if subjected to inspection by the types of X-ray machines commonly used at airports, would not generate an image that accurately depicts the shape of the component.

(18) Intentionally left blank —Ed.

(a) “Unfinished frame or receiver” means a forging, casting, printing, extrusion, machined body or similar item that:

(A) Is designed to or may readily be completed, assembled or otherwise converted to function as a frame or receiver; or

(B) Is marketed or sold to the public to be completed, assembled or otherwise converted to function as a frame or receiver.

(b) “Unfinished frame or receiver” does not include a component designed and intended for use in an antique firearm. [Amended by 1977 c.769 §1; 1979 c.779 §3; 1989 c.839 §1; 1993 c.735 §14; 1995 c.670 §3; 1999 c.1040 §2; 2001 c.666 §§32,44; 2003 c.614 §7; 2007 c.368 §1; 2009 c.610 §4; 2023 c.229 §1]

Source: Section 166.210 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html (accessed May 26, 2025).
ORS § 167.112 — OR Code / Title 16 / Chapter 167 / Section 167.112
167.112 Liability of certain entities engaged in certain financial transactions
Status: in_force

Notwithstanding any other provision of law, a creditor, credit card issuer, financial institution, operator of a terminal at which an electronic funds transfer may be initiated, money transmission business or any national, regional or local network utilized to effect a credit transaction, electronic funds transfer or money transmission service that is not liable under ORS 167.109 (Internet gambling) :

(1) May collect on any debt arising out of activities that are illegal under ORS 167.109 (Internet gambling) ;

(2) Shall not be deemed to be participating in any activities that are illegal under ORS 167.109 (Internet gambling) by reason of their processing transactions arising out of such activities or collecting debts arising out of such activities; and

(3) Shall not be liable under any provision of ORS 166.715 (Definitions for ORS 166.715 to 166.735) to 166.735 (Short title) , 336.184 (Oregon Student Information Protection Act) or 646.605 (Definitions for ORS 336.184 and 646.605 to 646.652) to 646.652 (District attorney’s reports to Attorney General) by reason of their processing transactions arising out of activities that are illegal under ORS 167.109 (Internet gambling) or collecting debts arising out of such activities. [2001 c.502 §3]

Source: Section 167.112 — Liability of certain entities engaged in certain financial transactions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors167.­html (accessed May 26, 2025).
ORS § 164.335 — OR Code / Title 16 / Chapter 164 / Section 164.335
164.335 Reckless burning
Status: in_force

(1) A person commits the crime of reckless burning if the person recklessly damages property of another by fire or explosion.

(2) Reckless burning is a Class A misdemeanor. [1971 c.743 §142]

Source: Section 164.335 — Reckless burning , https://www.­oregonlegislature.­gov/bills_laws/ors/ors164.­html (accessed May 26, 2025).
ORS § 166.505 — OR Code / Title 16 / Chapter 166 / Section 166.505
166.505 Permits to purchase firearms
Status: in_force

(1) Intentionally left blank —Ed.

(a) A person may apply for a permit-to-purchase a firearm or firearms under this section to the police chief or county sheriff with jurisdiction over the residence of the person making the application, or their designees, hereinafter referred to as “permit agent.”

(b) A person is qualified to be issued a permit-to-purchase under this section if the person:

(A) Is not prohibited from purchasing or acquiring a firearm under state or federal law, including but not limited to successfully completing a criminal background check as described under paragraph (e) of this subsection;

(B) Is not the subject of an order described in ORS 166.525 (Definitions) to 166.543 (Criminal penalties) ;

(C) Does not present reasonable grounds for a permit agent to conclude that the applicant has been or is reasonably likely to be a danger to self or others, or to the community at large, as a result of the applicant’s mental or psychological state or as demonstrated by the applicant’s past pattern of behavior involving unlawful violence or threats of unlawful violence;

(D) Provides proof of completion of a firearm safety course as defined in subsection (8) of this section; and

(E) Pays the fee described in subsection (3)(b) of this section.

(c) An application for a permit under this section must state the applicant’s legal name, current address and telephone number, date and place of birth, physical description, and any additional information determined necessary by department rules. The application must be signed by the applicant in front of the permit agent.

(d) The permit agent shall verify the applicant’s identity with a government-issued form of identification bearing a photograph of the applicant.

(e) The applicant must submit to fingerprinting and photographing by the permit agent. The permit agent shall fingerprint and photograph the applicant and shall conduct any investigation necessary to determine whether the applicant meets the qualifications described in paragraph (b) of this subsection. The permit agent shall request the department to conduct a criminal background check, including but not limited to a fingerprint identification, through the Federal Bureau of Investigation. The Federal Bureau of Investigation shall return the fingerprint cards used to conduct the criminal background check and may not keep any record of the fingerprints. Upon completion of the criminal background check and determination of whether the permit applicant is qualified or disqualified from purchasing or otherwise acquiring a firearm the department shall report the results, including the outcome of the fingerprint-based criminal background check, to the permit agent.

(2) Intentionally left blank —Ed.

(a) If during the background check, the department determines that:

(A) A purchaser is prohibited from possessing a firearm under ORS 166.250 (Unlawful possession of firearms) (1)(c), the department shall report the attempted application for a permit, the purchaser’s name and any other personally identifiable information to all federal, state and local law enforcement agencies and district attorneys that have jurisdiction over the location or locations where the attempted application for a permit was made and where the permit applicant resides.

(B) Based on the judgment of conviction, the permit applicant is prohibited from possessing a firearm as a condition of probation or that the permit applicant is currently on post-prison supervision or parole, the department shall report the attempted application for a permit to the permit applicant’s supervising officer and the district attorney of the county in which the conviction occurred.

(C) The permit applicant is prohibited from possessing a firearm due to a court order described in ORS 166.255 (Possession of firearm or ammunition by certain persons prohibited) (1)(a), the department shall report the attempted application for a permit to the court that issued the order.

(D) The permit applicant is under the jurisdiction of the Psychiatric Security Review Board, the department shall report the attempted application for a permit to the board.

(b) Reports required by paragraph (a)(A) to (D) of this subsection shall be made within 24 hours after the determination is made, unless a report would compromise an ongoing investigation, in which case the report may be delayed as long as necessary to avoid compromising the investigation.

(c) On or before January 31 of each year, beginning in 2024, the department shall annually publish a report indicating for each county the number of applications made to any permit agent, the number of permits-to-purchase issued and the number of permits-to-purchase denied and the reasons for denial. The department may, by rule, include any additional information that it determines would be helpful to ensuring the permit-to-purchase process is being administered in a consistent and equitable manner.

(3) Intentionally left blank —Ed.

(a) Within 30 days of receiving an application for a permit under this section, if the permit agent has verified the applicant’s identity and determined that the applicant has met each of the qualifications described in subsection (1)(b) of this section, the permit agent shall issue the permit-to-purchase.

(b) The permit agent may charge a reasonable fee reflecting the actual cost of the process but shall not exceed $65, including the cost of fingerprinting, photographing and obtaining a criminal background check.

(4) Intentionally left blank —Ed.

(a) The department shall develop:

(A) A standardized application form for a permit under this section; and

(B) A form in quadruplicate for use by permit agents in issuing permits under this section.

(b) The issuing permit agent shall maintain a copy of each permit issued under this section.

(c) The person named in a permit shall:

(A) Maintain a copy of the permit as long as the permit is valid.

(B) Present a copy of the permit to the gun dealer or transferor of a firearm when required under ORS 166.412 (Definitions) , 166.435 (Firearm transfers by unlicensed persons) , 166.436 (Department of State Police criminal background checks for gun show firearm transfers) or 166.438 (Transfer of firearms at gun shows) .

(5) Intentionally left blank —Ed.

(a) The permit agent shall report the issuance of a permit under this section to the department, and shall provide to the department a copy of the permit and any information necessary for the department to maintain an electronic searchable database of all permits issued under this section. A permit agent revoking a permit shall report the revocation to the department at the time that notice of the revocation has been sent to the permit holder.

(b) The department shall maintain the electronic database described in paragraph (a) of this subsection by ensuring that new permits are added to the database, renewed permits are assigned a new expiration date, and expired or revoked permits are marked expired or revoked but retained in the database.

(6) Intentionally left blank —Ed.

(a) A permit-to-purchase issued under this section does not create any right of the permit holder to receive a firearm.

(b) A permit-to-purchase issued under this section is not a limit on the number of firearms the permit holder may purchase or acquire during the time period when the permit is valid.

(7) Intentionally left blank —Ed.

(a) A permit-to-purchase issued under this section is valid for five years from the date of issuance, unless revoked.

(b) A person may renew an unexpired permit issued under this section by repeating the procedures set forth in subsection (1) of this section, except:

(A) A full fingerprint set does not need to be taken again if the original set has been retained by the permit agent or is otherwise available; and

(B) The training course does not need to be completed, provided the course previously taken fully complies with each of the requirements set forth in subsection (8) of this section.

(c) The permit agent may charge a reasonable fee for renewal of the permit, reflecting the actual cost of the process but shall not exceed $50, including the cost of obtaining a criminal background check and photographing.

(8) As used in this section, “proof of completion of a firearm safety course” means the following:

(a) Proof of completion of any firearms training course or class available to the general public that is offered by law enforcement, a community college, or a private or public institution or organization or firearms training school utilizing instructors certified by a law enforcement agency, and that includes the components set forth in paragraph (c) of this subsection; or

(b) Proof of completion of any law enforcement firearms training course or class that is offered for security guards, investigators, reserve law enforcement officers, or any other law enforcement officers, and that includes the components set forth in paragraph (c) of this subsection;

(c) A firearms training course or class required for issuance of a permit-to-purchase must include:

(A) Review of federal and state laws in place at the time of the class and other safe practices related to ownership, purchase, transfer, use and transportation of firearms;

(B) Review of federal and state safe storage laws in place at the time of the class and other safe practices related to safe storage, including reporting lost and stolen guns;

(C) Prevention of abuse or misuse of firearms, including the impact of homicide and suicide on families, communities and the country as a whole; and

(D) In-person demonstration of the applicant’s ability to lock, load, unload, fire and store a firearm before an instructor certified by a law enforcement agency. This requirement may be met separately from the other course requirements in subparagraphs (A), (B) and (C) of this paragraph, which may be completed in an online course, provided the online course has been conducted by a trainer certified by law enforcement.

(d) Proof of successful completion of a training course in order to meet the requirements for a concealed handgun license issued under ORS 166.291 (Issuance of concealed handgun license) and 166.292 (Procedure for issuing) may be submitted for a permit as a substitute for the requirements in paragraph (c) of this subsection, provided the completed course included each of the components set forth in paragraph (c) of this subsection.

(9) The department may adopt rules to carry out the provisions of this section. [2023 c.1 §4]

Note: See first note under 166.355 (Manufacture, importation, possession, use, purchase, sale or transfer of large-capacity magazine) .

Note: See second note under 166.355 (Manufacture, importation, possession, use, purchase, sale or transfer of large-capacity magazine) .

Note: See third note under 166.355 (Manufacture, importation, possession, use, purchase, sale or transfer of large-capacity magazine) .

Source: Section 166.505 — Permits to purchase firearms; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html (accessed May 26, 2025).
ORS § 166.174 — OR Code / Title 16 / Chapter 166 / Section 166.174
166.174 Authority of city, county, municipal corporation or district to regulate possession or sale of firearms
Status: in_force

Notwithstanding any other provision of law, a city, county or other municipal corporation or district may not adopt ordinances that regulate, restrict or prohibit the possession or sale of firearms in a public building that is rented or leased to a person during the term of the lease. [1995 s.s. c.1 §5]

Source: Section 166.174 — Authority of city, county, municipal corporation or district to regulate possession or sale of firearms , https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html (accessed May 26, 2025).
ORS § 163.264 — OR Code / Title 16 / Chapter 163 / Section 163.264
163.264 Subjecting another person to involuntary servitude in the first degree
Status: in_force

(1) A person commits the crime of subjecting another person to involuntary servitude in the first degree if the person knowingly and without lawful authority forces or attempts to force the other person to engage in or continue to engage in services by:

(a) Causing or threatening to cause the death of or serious physical injury to a person; or

(b) Physically restraining or threatening to physically restrain a person.

(2) When determining whether force or attempted force is present in a prosecution under this section, the finder of fact shall consider the totality of the circumstances, including but not limited to the age of the other person, the relationship between the other person and the defendant, the immigration status of the other person and any handicap or disability of the other person.

(3) Subjecting another person to involuntary servitude in the first degree is a Class B felony.

(4) The Oregon Criminal Justice Commission shall classify subjecting another person to involuntary servitude in the first degree as crime category 9 of the sentencing guidelines grid of the commission when the victim was under 18 years of age at the time of the offense. [2007 c.811 §2; 2023 c.217 §3]

Note: See note under 163.261 (Definitions for ORS 163.261, 163.263 and 163.264) .

Source: Section 163.264 — Subjecting another person to involuntary servitude in the first degree , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 164.115 — OR Code / Title 16 / Chapter 164 / Section 164.115
164.115 Value of property
Status: in_force

For the purposes of chapter 743, Oregon Laws 1971, the value of property shall be ascertained as follows:

(1) Except as otherwise specified in this section, value means the market value of the property at the time and place of the crime, or if such cannot reasonably be ascertained, the cost of replacement of the property within a reasonable time after the crime.

(2) Whether or not they have been issued or delivered, certain written instruments, not including those having a readily ascertainable market value, shall be evaluated as follows:

(a) The value of an instrument constituting an evidence of debt, including, but not limited to, a check, draft or promissory note, shall be considered the amount due or collectible thereon or thereby.

(b) The value of any other instrument which creates, releases, discharges or otherwise affects any valuable legal right, privilege or obligation shall be considered the greatest amount of economic loss which the owner might reasonably suffer because of the loss of the instrument.

(3) The value of a gambling chip, token, imitation currency or similar device is its face value.

(4) Intentionally left blank —Ed.

(a) The value of the wildlife listed in ORS 496.705 (Damage suits for unlawful killing of wildlife) is the amount of damages as specified in ORS 496.705 (Damage suits for unlawful killing of wildlife) .

(b) The value of the wildlife listed on the list of prohibited species, as defined in ORS 498.072 (Updating list of prohibited species) , is the amount of damages as specified in ORS 498.073 (Suit for violation related to list of prohibited species) .

(5) When the value of property cannot reasonably be ascertained, it shall be presumed to be an amount less than $100 in a case of theft, and less than $500 in any other case.

(6) The value of single theft transactions may be added together if the thefts were committed against the same or multiple victims within a one-year period. [1971 c.743 §131; 1987 c.907 §6; 1993 c.680 §22; 1997 c.867 §18; 2011 c.363 §2; 2019 c.399 §5; 2022 c.9 §7; 2023 c.151 §6]

Note: See note under 164.005 (Definitions) .

Source: Section 164.115 — Value of property , https://www.­oregonlegislature.­gov/bills_laws/ors/ors164.­html (accessed May 26, 2025).
ORS § 163.738 — OR Code / Title 16 / Chapter 163 / Section 163.738
163.738 Effect of citation
Status: in_force

(1) Intentionally left blank —Ed.

(a) A citation shall notify the respondent of a circuit court hearing where the respondent shall appear at the place and time set forth in the citation. The citation shall contain:

(A) The name of the court at which the respondent is to appear;

(B) The name of the respondent;

(C) A copy of the stalking complaint;

(D) The date, time and place at which the citation was issued;

(E) The name of the law enforcement officer who issued the citation;

(F) The time, date and place at which the respondent is to appear in court;

(G) Notice to the respondent that failure to appear at the time, date and place set forth in the citation shall result in the respondent’s arrest and entry of a court’s stalking protective order; and

(H) Notice to the respondent of potential liability under federal law for the possession or purchase of firearms or firearm ammunition and for other acts prohibited by 18 U.S.C. 2261 to 2262.

(b) The officer shall notify the petitioner in writing of the place and time set for the hearing.

(2) Intentionally left blank —Ed.

(a) The hearing shall be held as indicated in the citation. At the hearing, the petitioner may appear in person or by telephonic appearance. The respondent shall be given the opportunity to show cause why a court’s stalking protective order should not be entered. The hearing may be continued for up to 30 days. The court may enter:

(A) A temporary stalking protective order pending further proceedings; or

(B) A court’s stalking protective order if the court finds by a preponderance of the evidence that:

(i) The person intentionally, knowingly or recklessly engages in repeated and unwanted contact with the other person or a member of that person’s immediate family or household thereby alarming or coercing the other person;

(ii) It is objectively reasonable for a person in the victim’s situation to have been alarmed or coerced by the contact; and

(iii) The repeated and unwanted contact causes the victim reasonable apprehension regarding the personal safety of the victim or a member of the victim’s immediate family or household.

(b) In the order, the court shall specify the conduct from which the respondent is to refrain, which may include all contact listed in ORS 163.730 (Definitions for ORS 30.866 and 163.730 to 163.750) and any attempt to make contact listed in ORS 163.730 (Definitions for ORS 30.866 and 163.730 to 163.750) . The order is of unlimited duration unless limited by law. If the respondent was provided notice and an opportunity to be heard, the court shall also include in the order, when appropriate, terms and findings sufficient under 18 U.S.C. 922 (d)(8) and (g)(8) to affect the respondent’s ability to possess firearms and ammunition or engage in activities involving firearms.

(3) The circuit court may enter an order under this section against a minor respondent without appointment of a guardian ad litem.

(4) If the respondent fails to appear at the time, date and place specified in the citation, the circuit court shall issue a warrant of arrest as provided in ORS 133.110 (Issuance) in order to ensure the appearance of the respondent at court and shall enter a court’s stalking protective order.

(5) The circuit court may also order the respondent to undergo mental health evaluation and, if indicated by the evaluation, treatment. If the respondent is without sufficient resources to obtain the evaluation or treatment, or both, the court shall refer the respondent to the mental health agency designated by the community mental health director for evaluation or treatment, or both.

(6) If the circuit court, the mental health evaluator or any other persons have probable cause to believe that the respondent is dangerous to self or others or is unable to provide for basic personal needs, the court shall initiate commitment procedures as provided in ORS 426.070 (Initiation) or 426.180 (Emergency commitment of individuals in Indian country) .

(7) A law enforcement officer shall report the results of any investigation arising from a complaint under ORS 163.744 (Initiation of action seeking citation) to the district attorney within three days after presentation of the complaint.

(8) Except for purposes of impeachment, a statement made by the respondent at a hearing under this section may not be used as evidence in a prosecution for stalking as defined in ORS 163.732 (Stalking) or for violating a court’s stalking protective order as defined in ORS 163.750 (Violating a court’s stalking protective order) . [1993 c.626 §4; 1995 c.353 §4; 1997 c.863 §6; 1999 c.1052 §2; 2003 c.292 §2]

Note: See note under 163.730 (Definitions for ORS 30.866 and 163.730 to 163.750) .

Source: Section 163.738 — Effect of citation; contents; hearing; court’s order; use of statements made at hearing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 163a.150 — OR Code / Title 16 / Chapter 163a / Section 163a.150
163A.150 Procedure for relief under ORS 163A.140
Status: in_force

(1) A person who meets the criteria described in ORS 163A.140 (Relief from reporting obligation) and seeks relief from the requirement to report under ORS 163A.010 (Reporting by sex offender discharged, paroled or released from correctional facility or another United States jurisdiction) , 163A.015 (Reporting by sex offender discharged, released or placed on probation by court or another United States jurisdiction) or 163A.020 (Reporting by sex offender upon moving into state) shall:

(a) If the person was convicted in this state of the offense or adjudicated in this state for the act giving rise to the obligation to report, file a petition for relief from the requirement to report with the circuit court of the county in which the person was convicted or adjudicated and serve a copy of the petition on the district attorney for that county.

(b) If the person was convicted in another United States court of the offense or adjudicated in another United States court for the act giving rise to the obligation to report, file a petition for relief from the requirement to report and declaration of eligibility under penalty of perjury in the form required by ORCP 1 E with the circuit court of the county in which the person resides and serve a copy of the petition and declaration on the district attorney for that county.

(2) A person filing a petition under subsection (1) of this section must pay the filing fee established under ORS 21.135 (Standard filing fee) . The court shall schedule a hearing more than 90 days from the date of the filing. The court shall notify the person and the district attorney of the date of the hearing.

(3) Intentionally left blank —Ed.

(a) Upon receipt of the petition described in subsection (1)(a) of this section, or the receipt of petition and declaration described in subsection (1)(b) of this section, the district attorney shall determine whether the district attorney contests the request for relief.

(b) If the district attorney does not contest the request for relief, the district attorney shall submit an order to the court relieving the person of the reporting requirements described in ORS 163A.010 (Reporting by sex offender discharged, paroled or released from correctional facility or another United States jurisdiction) , 163A.015 (Reporting by sex offender discharged, released or placed on probation by court or another United States jurisdiction) or 163A.020 (Reporting by sex offender upon moving into state) . The court shall grant the petition.

(c) If the district attorney contests the request for relief, the district attorney shall notify the person of that determination within 90 days after receipt of the petition and, if required under subsection (1)(b) of this section, the declaration.

(4) At the hearing, the person has the burden of proving that the person meets the eligibility requirements described in ORS 163A.140 (Relief from reporting obligation) .

(5) Intentionally left blank —Ed.

(a) At the hearing, the victim of the offense or act giving rise to the obligation to report:

(A) May testify voluntarily upon request.

(B) May be compelled by the person to testify only if the court issues an order allowing a subpoena upon the motion of the person.

(b) A copy of the motion for a subpoena under this subsection must be served on the district attorney.

(c) The court may not issue an order allowing a subpoena under this subsection unless the person can demonstrate good cause by showing that the victim’s testimony is material and favorable to the person’s request for relief.

(d) If the court grants an order allowing a subpoena under this subsection, the court may allow the victim to appear by telephone or other communication device approved by the court.

(6) Intentionally left blank —Ed.

(a) If the court finds, by a preponderance of the evidence, that the person meets the eligibility requirements described in ORS 163A.140 (Relief from reporting obligation) , the court shall enter an order granting the request for relief from the requirement to report.

(b) If the court does not make the finding described in paragraph (a) of this subsection, the court shall enter an order denying the request for relief.

(7) Intentionally left blank —Ed.

(a) If the court relieves the person from the requirement to report, the person shall send a certified copy of the court order to the Department of State Police.

(b) Upon receipt of the order, the Department of State Police shall remove from the Law Enforcement Data System the sex offender information obtained from the sex offender registration form submitted under ORS 163A.010 (Reporting by sex offender discharged, paroled or released from correctional facility or another United States jurisdiction) , 163A.015 (Reporting by sex offender discharged, released or placed on probation by court or another United States jurisdiction) or 163A.020 (Reporting by sex offender upon moving into state) .

(8) The order entered under subsection (6) of this section is not subject to appeal.

(9) The Oregon Evidence Code and the Oregon Rules of Civil Procedure do not apply to the hearing described in subsection (2) of this section. [Formerly 181.833; 2021 c.274 §2]

Source: Section 163A.150 — Procedure for relief under ORS 163A.140; after conviction or adjudication; testimony of victim , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163A.­html (accessed May 26, 2025).
ORS § 166.300 — OR Code / Title 16 / Chapter 166 / Section 166.300
166.300 Killing or injuring another with firearm as cause for loss of right to bear arms
Status: in_force

(1) Any person who has committed, with firearms of any kind or description, murder in any degree, or manslaughter, either voluntary or involuntary, or who in a careless or reckless manner, kills or injures another with firearms, and who, at any time after committing murder or manslaughter or after said careless or reckless killing or injury of another, carries or bears firearms of any kind or description within this state, commits a Class A misdemeanor.

(2) Subsection (1) of this section does not deprive the people of this state of the right to bear arms for the defense of themselves and the state, and does not apply to any peace officer in the discharge of official duties or to a member of any regularly constituted military organization while on duty with such military organization. [Amended by 2011 c.597 §163]

Source: Section 166.300 — Killing or injuring another with firearm as cause for loss of right to bear arms , https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html (accessed May 26, 2025).
ORS § 167.164 — OR Code / Title 16 / Chapter 167 / Section 167.164
167.164 Possession of a gray machine
Status: in_force

(1) A person commits the crime of possession of a gray machine if the person manufactures, sells, leases, transports, places, possesses or services a gray machine or conducts or negotiates a transaction affecting or designed to affect the ownership, custody or use of a gray machine.

(2) Possession of a gray machine is a Class C felony.

(3) If any device is seized by a law enforcement agency based on a contention that the device is a gray machine, and a motion for return or restoration of the device is filed under ORS 133.633 (Motion for return or restoration of things seized) , the burden of proof is on the state to establish that the device is in fact a gray machine.

(4) Violation of, solicitation to violate, attempt to violate or conspiracy to violate subsection (1) of this section constitutes prohibited conduct for purposes of ORS chapter 131A. A device that is claimed to be a gray machine may be destroyed or otherwise disposed of only if a judgment of forfeiture has been entered under ORS 131.550 (Definitions for ORS 131.550 to 131.600) to 131.600 (Record keeping and reporting requirements) or ORS chapter 131A.

(5) It is a defense to a charge of possession of a gray machine if the machine that caused the charge to be brought was manufactured prior to 1958 and was not operated for purposes of unlawful gambling. [1991 c.962 §5; 1999 c.59 §33; 2009 c.78 §58; 2013 c.128 §1]

Source: Section 167.164 — Possession of a gray machine; disposition of machine; defense , https://www.­oregonlegislature.­gov/bills_laws/ors/ors167.­html (accessed May 26, 2025).
ORS § 161.326 — OR Code / Title 16 / Chapter 161 / Section 161.326
161.326 Notice to victim
Status: in_force

(1) If the trial court or the Psychiatric Security Review Board determines that a victim desires notification as described in ORS 161.325 (Finding of guilty except for insanity) (2), the board shall make a reasonable effort to notify the victim of hearings and orders, conditional release, discharge or escape. Nothing in this subsection authorizes the board to disseminate information that is otherwise privileged by law.

(2) When the board conducts a hearing involving a person found guilty except for insanity of a crime for which there is a victim, the board shall afford the victim an opportunity to be heard, either orally or in writing, at the hearing.

(3) Intentionally left blank —Ed.

(a) If the board fails to make a reasonable effort to notify the victim of a hearing under subsection (1) of this section or fails to afford the victim an opportunity to be heard at the hearing under subsection (2) of this section, the victim may request that the board reconsider the order of the board.

(b) If the board determines that the board failed to make a reasonable effort to notify the victim or failed to afford the victim an opportunity to be heard, except as provided in paragraph (c) of this subsection, the board shall grant the request for reconsideration. Upon reconsideration, the board shall consider the statement of the victim and may consider any other information that was not available to the board at the previous hearing.

(c) The board may not grant a request for reconsideration that is made:

(A) After the person has been discharged from the jurisdiction of the board;

(B) After the board has held a subsequent hearing involving the person; or

(C) If the board failed to make a reasonable effort to notify the victim of a hearing, more than 30 days after the victim knew or reasonably should have known of the hearing. [1981 c.711 §9; 2010 c.89 §6; 2011 c.708 §6; 2017 c.442 §7]

Note: 161.326 (Notice to victim) was enacted into law by the Legislative Assembly but was not added to or made a part of 161.290 (Incapacity due to immaturity) to 161.373 (Records for fitness to proceed examination) or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 161.326 — Notice to victim , https://www.­oregonlegislature.­gov/bills_laws/ors/ors161.­html (accessed May 26, 2025).
ORS § 164.857 — OR Code / Title 16 / Chapter 164 / Section 164.857
164.857 Unlawfully transporting metal property
Status: in_force

(1) A person commits the offense of unlawfully transporting metal property if the person transports metal property on a public highway or on premises open to the public with the intent to deliver the metal property to a scrap metal business and the person does not have a metal transportation certificate in the person’s possession.

(2) A seller or transferor of metal property that has reason to believe that a buyer or transferee intends to obtain the metal property for delivery to a scrap metal business shall provide the buyer or transferee with a metal transportation certificate.

(3) A metal transportation certificate must include:

(a) The date the metal property was acquired and the amount and type of metal property that the person is transporting;

(b) The location where the metal property was loaded and the destination of the metal property;

(c) The name, address and telephone number of the seller or the transferor;

(d) The signature of the seller or transferor or the authorized agent of the seller or transferor; and

(e) The name, address and telephone number of the person transporting the metal property.

(4) The Department of State Police shall create a form that may serve as a metal transportation certificate and shall make the form available on the department’s website.

(5) Intentionally left blank —Ed.

(a) Subject to paragraph (b) of this subsection, it is a defense to a charge of unlawfully transporting metal property that the person transporting the metal property is the owner of the property or an agent or employee of the owner of the property.

(b) A person who transports private metal property may not raise the defense described in this subsection unless at the time the person was transporting the private metal property:

(A) The person was a commercial seller or an agent or employee of a commercial seller and the person possessed the information required under ORS 165.117 (Metal property transaction records) (4)(b)(G);

(B) The person was the owner or an agent or employee of a scrap metal business that maintains a fixed place of business and the person possessed reasonable proof that the person was an owner, agent or employee;

(C) Intentionally left blank —Ed.

(i) The person was a dismantler or an agent or an employee of a dismantler;

(ii) The person possessed a valid, current dismantler certificate or an identification card issued under ORS 822.125 (Privileges granted by certificate) ; and

(iii) The stock or yard number assigned to the private metal property under ORS 822.137 (Dismantler conduct resulting in civil penalty) was legibly marked on the private metal property; or

(D) Intentionally left blank —Ed.

(i) The person had physical possession of the title or registration for the vehicle from which the private metal property was removed;

(ii) The person’s name was shown as the owner of the vehicle on the title or registration; and

(iii) The person accurately and correctly described the location of the vehicle.

(6) Unlawfully transporting metal property is a Class C misdemeanor.

(7) As used in this section:

(a) “Agent or employee of the owner of the property” includes a motor carrier as defined in ORS 825.005 (Definitions) that is operating in accordance with the provisions of ORS chapter 825.

(b) “Commercial seller,” “dismantler,” “fixed place of business,”“metal property,” “private metal property” and “scrap metal business” have the meanings given those terms in ORS 165.116 (Definitions for ORS 165.116 to 165.124) . [2009 c.811 §3; 2010 c.56 §4; 2021 c.412 §1]

Note: 164.857 (Unlawfully transporting metal property) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 164 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 164.857 — Unlawfully transporting metal property , https://www.­oregonlegislature.­gov/bills_laws/ors/ors164.­html (accessed May 26, 2025).
ORS § 167.108 — OR Code / Title 16 / Chapter 167 / Section 167.108
167.108 Definitions for ORS 167.109 and 167.112
Status: in_force

As used in ORS 167.109 (Internet gambling) and 167.112 (Liability of certain entities engaged in certain financial transactions) :

(1) “Credit” and “credit card” have the meaning given those terms under the federal Consumer Credit Protection Act (P.L. 90-321, 82 Stat. 146, 15 U.S.C. 1601).

(2) “Electronic funds transfer” has the meaning given that term in ORS 293.525 (Payments to and by state agencies by electronic funds transfers) .

(3) “Financial institution” has the meaning given that term in ORS 706.008 (Additional definitions for Bank Act) .

(4) “Money transmission” has the meaning given that term in ORS 717.200 (Definitions) . [2001 c.502 §4]

Source: Section 167.108 — Definitions for ORS 167.109 and 167.112 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors167.­html (accessed May 26, 2025).
ORS § 167.763 — OR Code / Title 16 / Chapter 167 / Section 167.763
167.763 Entry or attempted entry of premises by person under 21 years of age for purpose of assisting with investigation
Status: in_force

The prohibitions provided in ORS 471.430 (Purchase or possession of alcoholic beverages by person under 21) (3) and 475C.317 (Prohibition against person under 21 years of age possessing, attempting to purchase or purchasing marijuana item) (2) do not apply to a person who is under 21 years of age and who is acting under the direction of the Oregon Health Authority, the Oregon Liquor and Cannabis Commission, a local public health authority as defined in ORS 431.003 (Definitions) , a city or a state or local law enforcement agency for the purpose of investigating possible violations of federal, state or local laws that prohibit the sale of tobacco products or inhalant delivery systems to persons under 21 years of age. [2021 c.191 §2]

Note: See note under 167.747 (Definitions for ORS 167.750 to 167.780) .

Source: Section 167.763 — Entry or attempted entry of premises by person under 21 years of age for purpose of assisting with investigation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors167.­html (accessed May 26, 2025).
ORS § 167.780 — OR Code / Title 16 / Chapter 167 / Section 167.780
167.780 Sale or dispensing of tobacco products or inhalant delivery systems by vending machine
Status: in_force

(1) As used in this section and ORS 167.775 (Local regulation of vending machines) , “vending machine” means a device that, upon the insertion of tokens, money or another form of payment, dispenses tobacco products or inhalant delivery systems.

(2) A person may not sell or dispense tobacco products or inhalant delivery systems from a vending machine, except in an establishment where the premises are permanently and entirely off-limits to persons under 21 years of age as required by rules adopted by the Oregon Liquor and Cannabis Commission.

(3) A person who violates this section commits a Class B violation. Each day that the person commits the violation constitutes a separate offense. [Formerly 167.402; 2021 c.351 §6]

Note: See note under 167.747 (Definitions for ORS 167.750 to 167.780) .

Source: Section 167.780 — Sale or dispensing of tobacco products or inhalant delivery systems by vending machine , https://www.­oregonlegislature.­gov/bills_laws/ors/ors167.­html (accessed May 26, 2025).