ORS § 165.669 — OR Code / Title 16 / Chapter 165 / Section 165.669
165.669 Duties imposed upon certain persons upon service of order authorizing installation of pen register or trap and trace device
Status: in_force

(1) Upon service of an order issued under ORS 133.545 (Issuance of search warrant) , 133.575 (Execution of warrant) , 133.595 (List of things seized) , 133.617 (“Mobile tracking device” defined) , 133.619 (Execution of warrant authorizing mobile tracking device) , 133.721 (Definitions for ORS 41.910 and 133.721 to 133.739) , 133.724 (Order for interception of communications) , 133.729 (Recording intercepted communications) , 133.731 (Inventory) , 133.735 (Suppression of intercepted communications) , 133.737 (Disclosure and use of intercepted communications) , 133.739 (Civil damages for willful interception, disclosure or use of communications) , 165.540 (Obtaining contents of communications) and 165.657 (Definitions for ORS 165.659 to 165.669) to 165.673 (Disclosure of results prohibited) , a provider of wire or electronic communication service, landlord, custodian or other person shall furnish the investigating law enforcement agency forthwith with all information, facilities and technical assistance necessary to accomplish the installation of the pen register unobtrusively and with a minimum of interference with the services that the person so ordered by the court accords the party with respect to whom the installation and use is to take place, if such assistance is directed by the order.

(2) Under service of an order issued under ORS 133.545 (Issuance of search warrant) , 133.575 (Execution of warrant) , 133.595 (List of things seized) , 133.617 (“Mobile tracking device” defined) , 133.619 (Execution of warrant authorizing mobile tracking device) , 133.721 (Definitions for ORS 41.910 and 133.721 to 133.739) , 133.724 (Order for interception of communications) , 133.729 (Recording intercepted communications) , 133.731 (Inventory) , 133.735 (Suppression of intercepted communications) , 133.737 (Disclosure and use of intercepted communications) , 133.739 (Civil damages for willful interception, disclosure or use of communications) , 165.540 (Obtaining contents of communications) and 165.657 (Definitions for ORS 165.659 to 165.669) to 165.673 (Disclosure of results prohibited) , a provider of wire or electronic communication service, landlord, custodian or other person shall furnish the investigating law enforcement agency forthwith with all information, facilities and technical assistance necessary to accomplish the installation of the trap and trace device unobtrusively and with a minimum of interference with the services that the person so ordered by the court accords the party with respect to whom the installation and use is to take place, if such assistance is directed by the order. Unless otherwise ordered by the court, the results of the trap and trace device shall be furnished to the police officer designated in the order at reasonable intervals during regular business hours for the duration of the order.

(3) A provider of wire or electronic communication service, landlord, custodian or other person who furnishes facilities or technical assistance pursuant to ORS 133.545 (Issuance of search warrant) , 133.575 (Execution of warrant) , 133.595 (List of things seized) , 133.617 (“Mobile tracking device” defined) , 133.619 (Execution of warrant authorizing mobile tracking device) , 133.721 (Definitions for ORS 41.910 and 133.721 to 133.739) , 133.724 (Order for interception of communications) , 133.729 (Recording intercepted communications) , 133.731 (Inventory) , 133.735 (Suppression of intercepted communications) , 133.737 (Disclosure and use of intercepted communications) , 133.739 (Civil damages for willful interception, disclosure or use of communications) , 165.540 (Obtaining contents of communications) and 165.657 (Definitions for ORS 165.659 to 165.669) to 165.673 (Disclosure of results prohibited) shall be reasonably compensated for such reasonable expenses incurred in providing such facilities and assistance.

(4) No cause of action shall lie in any court against any provider of wire or electronic communication service, its officers, employees, agents or other specified persons for providing information, facilities or assistance in accordance with the terms of a court order under ORS 133.545 (Issuance of search warrant) , 133.575 (Execution of warrant) , 133.595 (List of things seized) , 133.617 (“Mobile tracking device” defined) , 133.619 (Execution of warrant authorizing mobile tracking device) , 133.721 (Definitions for ORS 41.910 and 133.721 to 133.739) , 133.724 (Order for interception of communications) , 133.729 (Recording intercepted communications) , 133.731 (Inventory) , 133.735 (Suppression of intercepted communications) , 133.737 (Disclosure and use of intercepted communications) , 133.739 (Civil damages for willful interception, disclosure or use of communications) , 165.540 (Obtaining contents of communications) and 165.657 (Definitions for ORS 165.659 to 165.669) to 165.673 (Disclosure of results prohibited) . [1989 c.983 §§20,21,22,23]

Source: Section 165.669 — Duties imposed upon certain persons upon service of order authorizing installation of pen register or trap and trace device; compensation to persons; immunity , https://www.­oregonlegislature.­gov/bills_laws/ors/ors165.­html (accessed May 26, 2025).
ORS § 167.388 — OR Code / Title 16 / Chapter 167 / Section 167.388
167.388 Interference with livestock production
Status: in_force

(1) A person commits the crime of interference with livestock production when the person, with the intent to interfere with livestock production:

(a) Takes, appropriates, obtains or withholds livestock from the owner thereof, or causes the loss, death or injury of any livestock maintained at a livestock production facility;

(b) Damages, vandalizes or steals any property located on a livestock production facility; or

(c) Obtains access to a livestock production facility to perform any act contained in this subsection or any other act not authorized by the livestock production facility.

(2) The crime of interference with livestock production is:

(a) A Class C felony if damage to the livestock production facility is $2,500 or more; or

(b) A Class A misdemeanor if there is no damage to the livestock production facility or if damage to the facility is less than $2,500.

(3) Determination of damages to a livestock production facility shall be made by the court. In making its determination, the court shall consider the reasonable costs of:

(a) Replacing lost, injured or destroyed livestock;

(b) Restoring the livestock production facility to the approximate condition of the facility before the damage occurred; and

(c) Replacing damaged or missing records, data, material, equipment or substances used in the breeding and production of livestock.

(4) In addition to any criminal sanctions, if a defendant is convicted of the crime of interference with livestock production under subsection (1) of this section, the court shall order the defendant to pay restitution to the owner of the animal or the owner of the livestock production facility. [1993 c.252 §§2,3; 2001 c.554 §2]

Source: Section 167.388 — Interference with livestock production , https://www.­oregonlegislature.­gov/bills_laws/ors/ors167.­html (accessed May 26, 2025).
ORS § 167.439 — OR Code / Title 16 / Chapter 167 / Section 167.439
167.439 Forcible recovery of a fighting bird
Status: in_force

(1) A person commits the crime of forcible recovery of a fighting bird if the person knowingly dispossesses, or knowingly attempts to dispossess, a law enforcement agency of constructive possession of a fighting bird, a source bird or an alleged fighting bird or source bird.

(2) Forcible recovery of a fighting bird is a Class C felony. [2003 c.484 §7; 2017 c.276 §5]

Note: See note under 167.426 (Definitions for ORS 167.426 to 167.439) .

Source: Section 167.439 — Forcible recovery of a fighting bird , https://www.­oregonlegislature.­gov/bills_laws/ors/ors167.­html (accessed May 26, 2025).
ORS § 163.257 — OR Code / Title 16 / Chapter 163 / Section 163.257
163.257 Custodial interference in the first degree
Status: in_force

(1) A person commits the crime of custodial interference in the first degree if the person violates ORS 163.245 (Custodial interference in the second degree) and:

(a) Causes the person taken, enticed or kept from the lawful custodian or in violation of a valid joint custody order to be removed from the state; or

(b) Exposes that person to a substantial risk of illness or physical injury.

(2) Expenses incurred by a lawful custodial parent or a parent enforcing a valid joint custody order in locating and regaining physical custody of the person taken, enticed or kept in violation of this section are “economic damages” for purposes of restitution under ORS 137.103 (Definitions for ORS 137.101 to 137.109) to 137.109 (Effect of restitution order on other remedies of victim) .

(3) Custodial interference in the first degree is a Class B felony. [1971 c.743 §101; 1981 c.774 §2; 1987 c.795 §8; 2005 c.564 §7]

Source: Section 163.257 — Custodial interference in the first degree , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 166.070 — OR Code / Title 16 / Chapter 166 / Section 166.070
166.070 Aggravated harassment
Status: in_force

(1) A person commits the crime of aggravated harassment if the person, knowing that the other person is a:

(a) Staff member, knowingly propels saliva, blood, urine, semen, feces or other dangerous substance at the staff member while the staff member is acting in the course of official duty or as a result of the staff member’s official duties;

(b) Public safety officer, knowingly propels blood, urine, semen or feces at the public safety officer while the public safety officer is acting in the course of official duty or as a result of the public safety officer’s official duties; or

(c) Public safety officer, intentionally propels saliva at the public safety officer, and the saliva comes into physical contact with the public safety officer, while the public safety officer is acting in the course of official duty or as a result of the public safety officer’s official duties.

(2) Aggravated harassment is a Class C felony. When a person is convicted of violating subsection (1)(a) of this section, in addition to any other sentence it may impose, the court shall impose a term of incarceration in a state correctional facility.

(3) As used in this section:

(a) “Public safety officer” means an emergency medical services provider as defined in ORS 682.025 (Definitions) , a regulatory specialist as defined in ORS 471.001 (Definitions for ORS chapters 471 and 473) or a fire service professional, a parole and probation officer or a police officer as those terms are defined in ORS 181A.355 (Definitions for ORS 181A.355 to 181A.689) .

(b) “Staff member” has the meaning given that term in ORS 163.165 (Assault in the third degree) . [2009 c.783 §2; 2011 c.703 §28; 2012 c.54 §27; 2013 c.477 §1; 2015 c.614 §151]

Note: 166.070 (Aggravated harassment) 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.

Source: Section 166.070 — Aggravated harassment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html (accessed May 26, 2025).
ORS § 163.405 — OR Code / Title 16 / Chapter 163 / Section 163.405
163.405 Sodomy in the first degree
Status: in_force

(1) A person who engages in oral or anal sexual intercourse with another person or causes another to engage in oral or anal sexual intercourse commits the crime of sodomy in the first degree if:

(a) The victim is subjected to forcible compulsion by the actor;

(b) The victim is under 12 years of age;

(c) The victim is under 16 years of age and is the actor’s brother or sister, of the whole or half blood, the son or daughter of the actor or the son or daughter of the actor’s spouse; or

(d) The victim is incapable of consent by reason of mental incapacitation, physical helplessness or incapability of appraising the nature of the victim’s conduct.

(2) Sodomy in the first degree is a Class A felony. [1971 c.743 §114; 1989 c.359 §4; 2017 c.318 §5; 2021 c.82 §5]

Source: Section 163.405 — Sodomy in the first degree , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 163a.200 — OR Code / Title 16 / Chapter 163a / Section 163a.200
163A.200 Provision of records by Psychiatric Security Review Board and Oregon Health Authority
Status: in_force

(1) Notwithstanding ORS 179.505 (Disclosure of written accounts by health care services provider) , the Psychiatric Security Review Board and the Oregon Health Authority shall provide to the State Board of Parole and Post-Prison Supervision any records that would assist the State Board of Parole and Post-Prison Supervision in:

(a) Performing an initial classification of a person into one of the three levels described in ORS 163A.100 (Risk assessment methodology) , as required by ORS 163A.105 (When risk assessments performed) ;

(b) Deciding whether to reclassify a person as a level one or a level two sex offender or relieve the person from the obligation to report as a sex offender, as described in ORS 163A.125 (Relief from reporting obligation for sex offenders classified under ORS 163A.100) ; or

(c) Conducting a risk assessment of a person who is an existing registrant to classify the person into one of the three levels described in ORS 163A.100 (Risk assessment methodology) , as required by section 7, chapter 708, Oregon Laws 2013.

(2) The State Board of Parole and Post-Prison Supervision may not release any records obtained pursuant to this section to any other agency or person unless authorized by law to do so. [2015 c.820 §19]

Note: 163A.200 (Provision of records by Psychiatric Security Review Board and Oregon Health Authority) to 163A.210 (Provision of records by Oregon Youth Authority and juvenile department) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 163A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 163A.200 — Provision of records by Psychiatric Security Review Board and Oregon Health Authority , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163A.­html (accessed May 26, 2025).
ORS § 165.840 — OR Code / Title 16 / Chapter 165 / Section 165.840
165.840 “Telegraphic copy” defined for ORS 165.845 and 165.850
Status: in_force

As used in ORS 165.845 (Making and drawing of checks and notes by wire) and 165.850 (Manner of expressing private and official seals in telegrams) , “telegraphic copy” means any copy of a message made or prepared for delivery at the office to which the message may have been sent by telegraph. [Formerly 757.631]

Source: Section 165.840 — “Telegraphic copy” defined for ORS 165.845 and 165.850 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors165.­html (accessed May 26, 2025).
ORS § 165.002 — OR Code / Title 16 / Chapter 165 / Section 165.002
165.002 Definitions for ORS 165.002 to 165.070
Status: in_force

As used in ORS 165.002 (Definitions for ORS 165.002 to 165.070) to 165.027 (Evidence admissible to prove forgery or possession of forged instrument) , and 165.032 (Criminal possession of a forgery device) to 165.070 (Possessing fraudulent communications device) , unless the context requires otherwise:

(1) “Written instrument” means any paper, document, instrument, article or electronic record containing written or printed matter or the equivalent thereof, whether complete or incomplete, used for the purpose of reciting, embodying, conveying or recording information or constituting a symbol or evidence of value, right, privilege or identification, which is capable of being used to the advantage or disadvantage of some person.

(2) “Complete written instrument” means one which purports to be a genuine written instrument fully drawn with respect to every essential feature thereof.

(3) “Incomplete written instrument” means one which contains some matter by way of content or authentication but which requires additional matter in order to render it a complete written instrument.

(4) To “falsely make” a written instrument means to make or draw a complete written instrument in its entirety, or an incomplete written instrument which purports to be an authentic creation of its ostensible maker, but which is not, either because the ostensible maker is fictitious or because, if real, the ostensible maker did not authorize the making or drawing thereof.

(5) To “falsely complete” a written instrument means to transform, by adding, inserting or changing matter, an incomplete written instrument into a complete one, without the authority of anyone entitled to grant it, so that the complete written instrument falsely appears or purports to be in all respects an authentic creation of its ostensible maker or authorized by the ostensible maker.

(6) To “falsely alter” a written instrument means to change, without authorization by anyone entitled to grant it, a written instrument, whether complete or incomplete, by means of erasure, obliteration, deletion, insertion of new matter, transposition of matter, or in any other manner, so that the instrument so altered falsely appears or purports to be in all respects an authentic creation of its ostensible maker or authorized by the ostensible maker.

(7) To “utter” means to issue, deliver, publish, circulate, disseminate, transfer or tender a written instrument or other object to another.

(8) “Forged instrument” means a written instrument which has been falsely made, completed or altered.

(9) “Electronic record” has the meaning given that term in ORS 84.004 (Definitions for ORS 84.001 to 84.061) .

(10) “Signature” includes, but is not limited to, an electronic signature, as defined in ORS 84.004 (Definitions for ORS 84.001 to 84.061) . [1971 c.743 §151; 2001 c.535 §27]

Source: Section 165.002 — Definitions for ORS 165.002 to 165.070 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors165.­html (accessed May 26, 2025).
ORS § 164.105 — OR Code / Title 16 / Chapter 164 / Section 164.105
164.105 Right of possession
Status: in_force

Right of possession of property is as follows:

(1) A person who has obtained possession of property by theft or other illegal means shall be deemed to have a right of possession superior to that of another person who takes, obtains or withholds the property from that person by means of theft.

(2) A joint or common owner of property shall not be deemed to have a right of possession of the property superior to that of any other joint or common owner of the property.

(3) In the absence of a specific agreement to the contrary, a person in lawful possession of property shall be deemed to have a right of possession superior to that of a person having only a security interest in the property, even if legal title to the property lies with the holder of the security interest pursuant to a conditional sale contract or other security agreement. [1971 c.743 §130; 1987 c.158 §28]

Source: Section 164.105 — Right of possession , https://www.­oregonlegislature.­gov/bills_laws/ors/ors164.­html (accessed May 26, 2025).
ORS § 161.370 — OR Code / Title 16 / Chapter 161 / Section 161.370
161.370 Determination of fitness to proceed
Status: in_force

(1) Intentionally left blank —Ed.

(a) When the defendant’s fitness to proceed is drawn in question, the issue shall be determined by the court.

(b) If neither the prosecuting attorney nor counsel for the defendant contests the finding of the report filed under ORS 161.365 (Procedure for determining issue of fitness to proceed) , the court may make the determination on the basis of the report. If the finding is contested, the court shall hold a hearing on the issue. If the report is received in evidence in the hearing, the party who contests the finding has the right to summon and to cross-examine any certified evaluator who submitted the report and to offer evidence upon the issue. Other evidence regarding the defendant’s fitness to proceed may be introduced by either party.

(2) Intentionally left blank —Ed.

(a) If the court determines that the defendant lacks fitness to proceed, the criminal proceeding against the defendant shall be suspended and the court shall proceed in accordance with this subsection.

(b) After making the determination under paragraph (a) of this subsection, the court shall receive a recommendation from a community mental health program director or the director’s designee, and from any local entity that would be responsible for treating the defendant if the defendant were to be released in the community, concerning whether appropriate community restoration services are present and available in the community.

(c) If the parties agree as to the appropriate action under this section, the court may, after making all findings required by law, enter any order authorized by this section. If the parties do not agree as to the appropriate action, the court and the parties shall, at a hearing, consider an appropriate action in the case, and the court shall make a determination and enter an order necessary to implement the action. In determining the appropriate action, the court shall consider the primary and secondary release criteria as defined in ORS 135.230 (Definitions for ORS 135.230 to 135.290) , the least restrictive option appropriate for the defendant, the needs of the defendant and the interests of justice. Actions may include but are not limited to:

(A) Commitment for the defendant to gain or regain fitness to proceed under subsection (3) or (4) of this section;

(B) An order to engage in community restoration services, as recommended by the community mental health program director or designee, under subsection (6) of this section;

(C) Commencement of a civil commitment proceeding under ORS 426.070 (Initiation) to 426.170 (Delivery of certified copy of record) , 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) ;

(D) Commencement of protective proceedings under ORS chapter 125; or

(E) Dismissal of the charges pursuant to ORS 135.755 (Dismissal on motion of court or district attorney) and in accordance with ORS 161.367 (Gaining or regaining fitness) (6).

(d) If the court, while considering or ordering an appropriate action under this subsection, does not order the defendant committed to a state mental hospital or other facility, but finds that appropriate community restoration services are not present and available in the community, for any defendant remaining in custody after such determination, the court shall set a review hearing seven days from the date of the determination under paragraph (a) of this subsection. At the review hearing, the court shall consider all relevant information and determine if commitment to the state mental hospital or other facility is appropriate under subsection (3) or (4) of this section, or if another action described in paragraph (c) of this subsection is appropriate. At the conclusion of the hearing the court shall enter an order in accordance with the defendant’s constitutional rights to due process.

(e) If the court determines that the appropriate action in the case is an order for the defendant to engage in community restoration services, but the defendant has a pending criminal case, warrant or hold in one or more other jurisdictions, the other jurisdictions shall, within two judicial days of becoming aware of the proceeding under this section, communicate with the court and the other jurisdictions, if applicable, to develop a plan to address the interests of all jurisdictions in the defendant in a timely manner.

(3) Intentionally left blank —Ed.

(a) If the most serious offense in the charging instrument is a felony, the court shall commit the defendant to the custody of the superintendent of a state mental hospital or director of a facility designated by the Oregon Health Authority if the defendant is at least 18 years of age, or to the custody of the director of a secure intensive community inpatient facility designated by the authority if the defendant is under 18 years of age, if the court makes the following findings:

(A) The defendant requires a hospital level of care due to public safety concerns if the defendant is not hospitalized or in custody or the acuity of symptoms of the defendant’s qualifying mental disorder; and

(B) Based on the findings resulting from a consultation described in ORS 161.365 (Procedure for determining issue of fitness to proceed) (1), if applicable, from any information provided by community-based mental health providers or any other sources, and primary and secondary release criteria as defined in ORS 135.230 (Definitions for ORS 135.230 to 135.290) , the appropriate community restoration services are not present and available in the community.

(b) If the defendant is committed under this subsection, the community mental health program director, or director’s designee, shall at regular intervals, during any period of commitment, review available community restoration services and maintain communication with the defendant and the superintendent of the state mental hospital or director of the facility in order to facilitate an efficient transition to treatment in the community when ordered.

(c) If the court does not order the commitment of the defendant under this subsection, the court shall proceed in accordance with subsection (2)(c) of this section to determine and order an appropriate action other than commitment.

(4) Intentionally left blank —Ed.

(a) If the most serious offense in the charging instrument is a misdemeanor, the court may not commit the defendant to the custody of the superintendent of a state mental hospital or director of a facility designated by the Oregon Health Authority if the defendant is at least 18 years of age, or to the custody of the director of a secure intensive community inpatient facility designated by the authority if the defendant is under 18 years of age, unless the court:

(A) Intentionally left blank —Ed.

(i) Receives a recommendation from a certified evaluator that the defendant requires a hospital level of care due to the acuity of symptoms of the defendant’s qualifying mental disorder; and

(ii) Receives a recommendation from a community mental health program director, or director’s designee, that the appropriate community restoration services are not present and available in the community; or

(B) Determines that the defendant requires a hospital level of care after making all of the following written findings:

(i) The defendant needs a hospital level of care due to the acuity of the symptoms of the defendant’s qualifying mental disorder;

(ii) There are public safety concerns; and

(iii) The appropriate community restoration services are not present and available in the community.

(b) If at the time of determining the appropriate action for the case, the court is considering commitment under paragraph (a)(A) of this subsection and:

(A) Has not received a recommendation from a certified evaluator as to whether the defendant requires a hospital level of care due to the acuity of symptoms of the defendant’s qualifying mental disorder, the court shall order a certified evaluator to make such a recommendation.

(B) Has not received a recommendation from the community mental health program director or designee concerning whether appropriate community restoration services are present and available in the community, the court shall order the director or designee to make such a recommendation.

(c) If the court does not order the commitment of the defendant under this subsection, the court shall proceed in accordance with subsection (2)(c) of this section to determine and order an appropriate action other than commitment.

(d) If the defendant is committed under this subsection, the community mental health program director, or director’s designee, shall at regular intervals, during any period of commitment, review available community restoration services and maintain communication with the defendant and the superintendent of the state mental hospital or director of the facility in order to facilitate an efficient transition to treatment in the community when ordered.

(5) If the most serious offense in the charging instrument is a violation, the court may not commit the defendant to the custody of the superintendent of a state mental hospital or director of a facility designated by the Oregon Health Authority if the defendant is at least 18 years of age, or to the custody of the director of a secure intensive community inpatient facility designated by the authority if the defendant is under 18 years of age.

(6) Intentionally left blank —Ed.

(a) If the court does not order the commitment of the defendant under subsection (3) or (4) of this section, if commitment is precluded under subsection (5) of this section or if the court determines that care other than commitment would better serve the defendant and the community, the court shall release the defendant, pursuant to an order that the defendant engage in community restoration services, until the defendant has gained or regained fitness to proceed, or until the court finds there is no substantial probability that the defendant will, within the foreseeable future, gain or regain fitness to proceed. The court may not order the defendant to engage in community restoration services in another county without permission from the other county.

(b) The court may order a community mental health program director coordinating the defendant’s treatment in the community to provide the court with status reports on the defendant’s progress in gaining or regaining fitness to proceed. The director shall provide a status report if the defendant is not complying with court-ordered restoration services.

(c) A community mental health program director coordinating the defendant’s treatment in the community shall notify the court if the defendant gains or regains fitness to proceed. The notice shall be filed with the court and may be filed electronically. The clerk of the court shall cause copies of the notice to be delivered to both the district attorney and the counsel for the defendant.

(d) When a defendant is ordered to engage in community restoration services under this subsection, the court may place conditions that the court deems appropriate on the release, including the requirement that the defendant regularly report to a state mental hospital or a certified evaluator for examination to determine if the defendant has gained or regained fitness to proceed.

(7) The Oregon Health Authority shall establish by rule standards for the recommendation provided to the court described in subsection (2) of this section. [1971 c.743 §52; 1975 c.380 §5; 1993 c.238 §3; 1999 c.931 §§1,2; 2005 c.685 §6; 2009 c.595 §107; 2011 c.508 §1; 2011 c.724 §8; 2015 c.130 §2; 2017 c.49 §1; 2017 c.233 §3; 2017 c.628 §1; 2017 c.634 §16; 2019 c.311 §5; 2019 c.318 §2; 2019 c.538 §2a; 2021 c.395 §7; 2023 c.227 §2]

Source: Section 161.370 — Determination of fitness to proceed; proceedings upon finding of unfitness; commitment; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors161.­html (accessed May 26, 2025).
ORS § 166.412 — OR Code / Title 16 / Chapter 166 / Section 166.412
166.412 Definitions
Status: in_force

(1) As used in this section:

(a) “Antique firearm” has the meaning given that term in 18 U.S.C. 921;

(b) “Department” means the Department of State Police;

(c) “Firearm” has the meaning given that term in ORS 166.210 (Definitions) , except that it does not include an antique firearm;

(d) “Firearms transaction record” means the firearms transaction record required by 18 U.S.C. 921 to 929;

(e) “Firearms transaction thumbprint form” means a form provided by the department under subsection (11) of this section;

(f) “Gun dealer” means a person engaged in the business, as defined in 18 U.S.C. 921, of selling, leasing or otherwise transferring a firearm, whether the person is a retail dealer, pawnbroker or otherwise;

(g) “Purchaser” means a person who buys, leases or otherwise receives a firearm or unfinished frame or receiver from a gun dealer; and

(h) “Unfinished frame or receiver” has the meaning given that term in ORS 166.210 (Definitions) .

(2) Except as provided in subsection (12) of this section, a gun dealer shall comply with the following before a firearm or unfinished frame or receiver is delivered to a purchaser:

(a) The purchaser shall present to the gun dealer current identification meeting the requirements of subsection (4) of this section and a valid permit issued under ORS 166.505 (Permits to purchase firearms) .

(b) The gun dealer shall complete the firearms transaction record and obtain the signature of the purchaser on the record.

(c) The gun dealer shall obtain the thumbprints of the purchaser on the firearms transaction thumbprint form and attach the form to the gun dealer’s copy of the firearms transaction record to be filed with that copy.

(d) The gun dealer shall, by telephone or computer, verify that the purchaser has a valid permit-to-purchase a firearm issued under ORS 166.505 (Permits to purchase firearms) , and request that the department conduct a criminal history record check on the purchaser and shall provide the following information to the department:

(A) The federal firearms license number of the gun dealer;

(B) The business name of the gun dealer;

(C) The place of transfer;

(D) The name of the person making the transfer;

(E) The make, model, caliber and manufacturer’s number of the firearm being transferred or a description of the unfinished frame or receiver being transferred;

(F) The name and date of birth of the purchaser;

(G) The Social Security number of the purchaser if the purchaser voluntarily provides this number to the gun dealer; and

(H) The type, issuer and identification number of the identification presented by the purchaser.

(e) The gun dealer shall receive a unique approval number for the transfer from the department and record the approval number on the firearms transaction record and on the firearms transaction thumbprint form.

(f) The gun dealer may destroy the firearms transaction thumbprint form five years after the completion of the firearms transaction thumbprint form.

(3) Intentionally left blank —Ed.

(a) Upon receipt of a request of the gun dealer for a criminal history record check, the department shall immediately, during the gun dealer’s telephone call or by return call:

(A) Determine, from criminal records and other information available to it, whether the purchaser is disqualified under ORS 166.470 (Limitations and conditions for sales of firearms) from completing the purchase; and

(B) Notify the gun dealer when a purchaser is disqualified from completing the transfer or provide the gun dealer with a unique approval number indicating that the purchaser is qualified to complete the transfer.

(b) If the department is unable to determine if the purchaser is qualified or disqualified from completing the transfer within 30 minutes, the department shall notify the gun dealer and provide the gun dealer with an estimate of the time when the department will provide the requested information.

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

(4) Intentionally left blank —Ed.

(a) Identification required of the purchaser under subsection (2) of this section shall include one piece of current identification bearing a photograph and the date of birth of the purchaser that:

(A) Is issued under the authority of the United States Government, a state, a political subdivision of a state, a foreign government, a political subdivision of a foreign government, an international governmental organization or an international quasi-governmental organization; and

(B) Is intended to be used for identification of an individual or is commonly accepted for the purpose of identification of an individual.

(b) If the identification presented by the purchaser under paragraph (a) of this subsection does not include the current address of the purchaser, the purchaser shall present a second piece of current identification that contains the current address of the purchaser. The Superintendent of State Police may specify by rule the type of identification that may be presented under this paragraph.

(c) The department may require that the gun dealer verify the identification of the purchaser if that identity is in question by sending the thumbprints of the purchaser to the department.

(5) The department shall establish a telephone number that shall be operational seven days a week between the hours of 8 a.m. and 10 p.m. for the purpose of responding to inquiries from gun dealers for a criminal history record check under this section.

(6) No public employee, official or agency shall be held criminally or civilly liable for performing the investigations required by this section provided the employee, official or agency acts in good faith and without malice.

(7) Intentionally left blank —Ed.

(a) The department may retain a record of the information obtained during a request for a criminal history record check for no more than five years, except for the information provided to the dealer under subsection (2)(d) of this section, sufficient to reflect each firearm or unfinished frame or receiver purchased by a permit holder, which must be attached to the electronic record of the permit stored by the department. The department may develop a system for removal of the information in subsection (2)(d)(E) of this section, upon proof of sale or transfer of the firearm or unfinished frame or receiver to another permit holder and for recording of the information to reflect the transfer of ownership to the permit of the new owner.

(b) The record of the information obtained during a request for a criminal history record check by a gun dealer is exempt from disclosure under public records law.

(c) If the department determines that a purchaser is prohibited from possessing a firearm under ORS 166.250 (Unlawful possession of firearms) (1)(c), the department shall report the attempted transfer, 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 transfer was made and where the purchaser resides.

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

(e) If the department determines that the purchaser 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 purchaser 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 purchasers 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.

(8) A law enforcement agency may inspect the records of a gun dealer relating to transfers of firearms and unfinished frames or receivers with the consent of a gun dealer in the course of a reasonable inquiry during a criminal investigation or under the authority of a properly authorized subpoena or search warrant.

(9) When a firearm is delivered, it shall be unloaded.

(10) In accordance with applicable provisions of ORS chapter 183, the Superintendent of State Police may adopt rules necessary for:

(a) The design of the firearms transaction thumbprint form;

(b) The maintenance of a procedure to correct errors in the criminal records of the department;

(c) The provision of a security system to identify gun dealers that request a criminal history record check under subsection (2) of this section; and

(d) The creation and maintenance of a database of the business hours of gun dealers.

(11) The department shall publish the firearms transaction thumbprint form and shall furnish the form to gun dealers on application at cost.

(12) This section does not apply to transactions between persons licensed as dealers under 18 U.S.C. 923.

(13) Intentionally left blank —Ed.

(a) If requested by a transferor who is not a gun dealer, a gun dealer may request a criminal background check pursuant to ORS 166.435 (Firearm transfers by unlicensed persons) or 166.438 (Transfer of firearms at gun shows) and may charge a reasonable fee for providing the service.

(b) A gun dealer that requests a criminal background check under this subsection is immune from civil liability for any use of the firearm or unfinished frame or receiver by the recipient or transferee, provided that the gun dealer requests the criminal background check as described in this section and also provided that the dealer verifies that the recipient has a valid permit-to-purchase the firearm or unfinished frame or receiver and the dealer has received a unique approval number from the department indicating successful completion of the background check.

(14) Knowingly selling or delivering a firearm or unfinished frame or receiver to a purchaser or transferee who does not have a valid permit-to-purchase a firearm in violation of subsection (2)(d) of this section, or prior to receiving a unique approval number from the department based on the criminal background check in violation of subsection (3)(c) of this section, is a Class A misdemeanor. [1995 c.729 §1; 2001 c.900 §25; 2009 c.595 §114; 2009 c.826 §17; 2015 c.50 §4; 2018 c.5 §4; 2018 c.120 §15; 2023 c.1 §6; 2023 c.229 §7]

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

Note: 166.412 (Definitions) to 166.421 (Stolen firearms) were enacted into law by the Legislative Assembly but were 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 166.412 — Definitions; firearms transaction record; criminal history record check; prohibited transfer report; liability; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html (accessed May 26, 2025).
ORS § 165.690 — OR Code / Title 16 / Chapter 165 / Section 165.690
165.690 Definitions for ORS 165.690, 165.692 and 165.694
Status: in_force

As used in ORS 165.690 (Definitions for ORS 165.690, 165.692 and 165.694) , 165.692 (Making false claim for health care payment) and 165.694 (Aggregation of claims) :

(1) “Claim for health care payment” means any request or demand for a health care payment, whether made in the form of a bill, claim form, cost report, invoice, electronic transmission or any other document. “Claim for health care payment” does not include any statement by a person on an application for coverage under a contract or certificate of health care coverage issued by an insurer, health care service contractor, health maintenance organization or other legal entity that is self-insured and provides health care benefits to its employees.

(2) “Health care payment” means money paid in compensation for the delivery of specified health care services, whether under a contract, certificate or policy of insurance, by a health care payor.

(3) “Health care payor” means:

(a) Any insurance company authorized to provide health insurance in this state;

(b) A health maintenance organization;

(c) A health care service contractor;

(d) Any legal entity that is self-insured and provides benefits for health care services to its employees;

(e) Any legal entity responsible for handling claims for health care services under a state or federal medical assistance program;

(f) The State of Oregon or any local government within this state that makes payments for health care services;

(g) Any insurer authorized under ORS chapter 731 to transact workers’ compensation or casualty insurance in this state; or

(h) Any employer authorized under ORS chapter 656 to self-insure its workers’ compensation risk.

(4) “Health care services” means any medical or remedial care or service, including supplies delivered in connection with the care or service, that is recognized under state law.

(5) “Person” means an individual, corporation, partnership or association that provides health care services or any other form of legal or business entity that provides health care services. [1995 c.496 §1; 2001 c.556 §1]

Source: Section 165.690 — Definitions for ORS 165.690, 165.692 and 165.694 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors165.­html (accessed May 26, 2025).
ORS § 163a.205 — OR Code / Title 16 / Chapter 163a / Section 163a.205
163A.205 Provision of records by Oregon Health Authority
Status: in_force

(1) Notwithstanding ORS 179.505 (Disclosure of written accounts by health care services provider) , the Oregon Health Authority shall provide to the Psychiatric Security Review Board any records that would assist the board in:

(a) Performing an initial classification of a person into one of the three levels described in ORS 163A.100 (Risk assessment methodology) , as required by ORS 163A.105 (When risk assessments performed) ;

(b) Deciding whether to reclassify a person as a level one or a level two sex offender or relieve the person from the obligation to report as a sex offender, as described in ORS 163A.125 (Relief from reporting obligation for sex offenders classified under ORS 163A.100) ; or

(c) Conducting a risk assessment of a person who is an existing registrant to classify the person into one of the three levels described in ORS 163A.100 (Risk assessment methodology) , as required by section 7, chapter 708, Oregon Laws 2013.

(2) The board may not release any records obtained pursuant to this section to any other agency or person unless authorized by law to do so. [2015 c.820 §20]

Note: See note under 163A.200 (Provision of records by Psychiatric Security Review Board and Oregon Health Authority) .

Source: Section 163A.205 — Provision of records by Oregon Health Authority , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163A.­html (accessed May 26, 2025).
ORS § 163.263 — OR Code / Title 16 / Chapter 163 / Section 163.263
163.263 Subjecting another person to involuntary servitude in the second degree
Status: in_force

(1) A person commits the crime of subjecting another person to involuntary servitude in the second 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) Abusing or threatening to abuse the law or legal process;

(b) Destroying, concealing, removing, confiscating or possessing an actual or purported passport or immigration document or another actual or purported government identification document of a person;

(c) Threatening to report a person to a government agency for the purpose of arrest or deportation;

(d) Subjecting the person to debt bondage;

(e) Instilling in the other person a fear that the actor will withhold from the other person the necessities of life, including but not limited to lodging, food, medical care and clothing;

(f) Controlling or threatening to control the other person’s access to a controlled substance; or

(g) Fraud or misrepresentation.

(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 second degree is a Class C felony.

(4) The Oregon Criminal Justice Commission shall classify subjecting another person to involuntary servitude in the second degree as crime category 8 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 §3; 2023 c.217 §2]

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

Source: Section 163.263 — Subjecting another person to involuntary servitude in the second degree , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 169.090 — OR Code / Title 16 / Chapter 169 / Section 169.090
169.090 Manual of guidelines for local correctional facility operation
Status: in_force

(1) The Director of the Department of Corrections shall publish and distribute a manual of recommended guidelines for the operation of local correctional facilities and lockups as developed by a jail standards committee appointed by the director. This manual shall be revised when appropriate with consultation and advice of the Oregon State Sheriffs’ Association, the Oregon Association Chiefs of Police, Association of Oregon Counties, the League of Oregon Cities and other appropriate groups and agencies and will be redistributed upon the approval of the Governor.

(2) The Youth Development Council established by ORS 417.847 (Youth Development Council) and the Department of Corrections shall develop guidelines pertaining to the operation of juvenile detention facilities, as defined in ORS 169.005 (Definitions for ORS 169.005 to 169.685 and 169.730 to 169.800) . Guidelines shall be revised by the Youth Development Council and the Department of Corrections, whenever appropriate. The guidelines shall be included in the manual published and distributed under subsection (1) of this section. However, the Youth Development Council may choose to publish and distribute the guidelines independently. [1973 c.740 §6; 1981 c.869 §7; 1987 c.320 §97; 1993 c.18 §28; 1993 c.676 §40; 2001 c.517 §5; 2001 c.904 §1; 2001 c.905 §2; 2003 c.14 §68; 2012 c.37 §108]

Source: Section 169.090 — Manual of guidelines for local correctional facility operation; guidelines for juvenile detention facility operation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors169.­html (accessed May 26, 2025).
ORS § 169.810 — OR Code / Title 16 / Chapter 169 / Section 169.810
169.810 Assumption of duties by regional correctional facility constitutes assumption by public employer
Status: in_force

(1) Assumption by the regional correctional facility of those custodial duties formerly performed by a county or city jail constitutes an assumption of duties by a public employer subject to ORS 236.610 (Rights of employee when duties assumed by different public employer) to 236.640 (Reemployment right of employee at end of cooperation agreement) .

(2) An employee who transfers from employment at a county or city jail to employment at a regional correctional facility operated by the county or city by which the employee has been employed shall be accorded the following rights:

(a) If a trial or probationary service period is required for employment at the county or city jail, the period of county or city employment of the employee shall apply to that requirement.

(b) An employee who transfers from employment at a county or city jail to employment at the regional correctional facility shall retain accumulated unused sick leave with pay and the accumulated unused vacation with pay to which the employee was entitled under county or city employment on the day before the transfer that are supported by written records of accumulation and use pursuant to a plan formally adopted and applicable to the employee under county or city employment.

(c) Notwithstanding any other provision of law applicable to a retirement system for county employees or city employees, an employee who transfers from employment at a county or city jail to employment at the regional correctional facility who was participating in a retirement system under county or city employment may elect, not later than the first day of the month following the month in which the employee transfers, to continue under the retirement system in which participating and not to become, if eligible, a member of another retirement system. The election shall be made in writing and shall be submitted to the regional correctional facility administrator, the Public Employees Retirement Board and the governing body of the counties and cities that operate the regional correctional facility.

(d) If an employee elects to continue under the retirement system in which participating under county or city employment, the employee shall continue to make required contributions to that system and the administration of the regional correctional facility shall make contributions on behalf of the employee required of an employer participating in that system.

(e) If an employee fails to elect to continue under the retirement system in which participating under county or city employment as provided in paragraph (c) of this subsection or was not participating in a retirement system under county or city employment, the employee shall become, if eligible, a member of the Public Employees Retirement System. If the employee is eligible to become a member of the Public Employees Retirement System, the period of continuous service of the employee under county or city employment immediately before the transfer of the employee shall apply to the six months’ service requirement of ORS 238.015 (Membership generally) , 238A.100 (Establishing membership under pension program) or 238A.300 (Establishing membership under individual account program) (1).

(3) The county or city employment records, or a copy thereof, applicable to an employee transferred under subsection (2) of this section shall be provided by the person having custody of the records to the regional correctional facility administrator. [1985 c.708 §8; 2003 c.733 §48; 2011 c.722 §20]

Source: Section 169.810 — Assumption of duties by regional correctional facility constitutes assumption by public employer; rights of transferred employees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors169.­html (accessed May 26, 2025).
ORS § 166.065 — OR Code / Title 16 / Chapter 166 / Section 166.065
166.065 Harassment
Status: in_force

"Harassment in Oregon includes behaviors such as verbal abuse, inappropriate jokes, posting comments about you on social media, bullying, or even making faces at you." Bibliographic info

(1) A person commits the crime of harassment if the person intentionally:

(a) Harasses or annoys another person by:

(A) Subjecting such other person to offensive physical contact; or

(B) Publicly insulting such other person by abusive words or gestures in a manner intended and likely to provoke a violent response;

(b) Subjects another to alarm by conveying a false report, known by the conveyor to be false, concerning death or serious physical injury to a person, which report reasonably would be expected to cause alarm; or

(c) Subjects another to alarm by conveying a telephonic, electronic or written threat to inflict serious physical injury on that person or to commit a felony involving the person or property of that person or any member of that person’s family, which threat reasonably would be expected to cause alarm.

(2) Intentionally left blank —Ed.

(a) A person is criminally liable for harassment if the person knowingly permits any telephone or electronic device under the person’s control to be used in violation of subsection (1) of this section.

(b) Harassment that is committed under the circumstances described in subsection (1)(c) of this section is committed in either the county in which the communication originated or the county in which the communication was received.

(3) Harassment is a Class B misdemeanor.

(4) Notwithstanding subsection (3) of this section, harassment is a Class A misdemeanor if a person violates:

(a) Subsection (1)(a)(A) of this section by subjecting another person to offensive physical contact and:

(A) The offensive physical contact consists of touching the sexual or other intimate parts of the other person; or

(B) Intentionally left blank —Ed.

(i) The victim of the offense is a family or household member of the person; and

(ii) The offense is committed in the immediate presence of, or is witnessed by, the person’s or the victim’s minor child or stepchild or a minor child residing within the household of the person or victim; or

(b) Subsection (1)(c) of this section and:

(A) The person has a previous conviction under subsection (1)(c) of this section and the victim of the current offense was the victim or a member of the family of the victim of the previous offense;

(B) At the time the offense was committed, the victim was protected by a stalking protective order, a restraining order as defined in ORS 24.190 (Foreign restraining orders) or any other court order prohibiting the person from contacting the victim;

(C) At the time the offense was committed, the person reasonably believed the victim to be under 18 years of age and more than three years younger than the person; or

(D) Intentionally left blank —Ed.

(i) The person conveyed a threat to kill the other person or any member of the family of the other person;

(ii) The person expressed the intent to carry out the threat; and

(iii) A reasonable person would believe that the threat was likely to be followed by action.

(c) Subsection (1)(a)(A), (b) or (c) of this section by committing the crime of harassment against:

(A) An election worker who is performing the election worker’s official duties at the time the harassment occurs; or

(B) An election worker because of an action taken or decision made by the election worker during the performance of the election worker’s official duties.

(5) The Oregon Criminal Justice Commission shall classify harassment as described in subsection (4)(a)(B) of this section as a person Class A misdemeanor under the rules of the commission.

(6) Intentionally left blank —Ed.

(a) As used in this section:

(A) “Election worker” has the meaning given that term in ORS 247.965 (Exemption from disclosure as public record of residence address of elector or family member of elector) .

(B) “Electronic threat” means a threat conveyed by electronic mail, the Internet, a telephone text message or any other transmission of information by wire, radio, optical cable, cellular system, electromagnetic system or other similar means.

(C) “Family or household member” has the meaning given that term in ORS 135.230 (Definitions for ORS 135.230 to 135.290) .

(b) For purposes of subsection (4) of this section, an offense is witnessed if the offense is seen or directly perceived in any other manner by the minor child. [1971 c.743 §223; 1981 c.468 §1; 1985 c.498 §1; 1987 c.806 §3; 1995 c.802 §1; 2001 c.870 §2; 2009 c.783 §1; 2013 c.649 §26; 2017 c.430 §1; 2019 c.304 §3; 2022 c.114 §2]

Source: Section 166.065 — Harassment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html (accessed May 26, 2025).
ORS § 164.377 — OR Code / Title 16 / Chapter 164 / Section 164.377
164.377 Computer crime
Status: in_force

(1) As used in this section:

(a) To “access” means to instruct, communicate with, store data in, retrieve data from or otherwise make use of any resources of a computer, computer system or computer network.

(b) “Computer” means, but is not limited to, an electronic, magnetic, optical electrochemical or other high-speed data processing device that performs logical, arithmetic or memory functions by the manipulations of electronic, magnetic or optical signals or impulses, and includes the components of a computer and all input, output, processing, storage, software or communication facilities that are connected or related to such a device in a system or network.

(c) “Computer network” means, but is not limited to, the interconnection of communication lines, including microwave or other means of electronic communication, with a computer through remote terminals or a complex consisting of two or more interconnected computers.

(d) “Computer program” means, but is not limited to, a series of instructions or statements, in a form acceptable to a computer, which permits the functioning of a computer system in a manner designed to provide appropriate products from or usage of such computer system.

(e) “Computer software” means, but is not limited to, computer programs, procedures and associated documentation concerned with the operation of a computer system.

(f) “Computer system” means, but is not limited to, a set of related, connected or unconnected, computer equipment, devices and software. “Computer system” also includes any computer, device or software owned or operated by the Oregon State Lottery or rented, owned or operated by another person or entity under contract to or at the direction of the Oregon State Lottery.

(g) “Data” means a representation of information, knowledge, facts, concepts, computer software, computer programs or instructions. “Data” may be in any form, in storage media, or as stored in the memory of the computer, or in transit, or presented on a display device. “Data” includes, but is not limited to, computer or human readable forms of numbers, text, stored voice, graphics and images.

(h) “Intimate image” means a photograph, film, video, recording, digital picture or other visual reproduction of a person whose intimate parts are visible or who is engaged in sexual conduct.

(i) “Intimate parts” means uncovered human genitals, pubic areas or female nipples.

(j) “Property” includes, but is not limited to, financial instruments, information, including electronically produced data, and computer software and programs in either computer or human readable form, intellectual property and any other tangible or intangible item of value.

(k) “Proprietary information” includes any scientific, technical or commercial information including any design, process, procedure, list of customers, list of suppliers, customers’ records or business code or improvement thereof that is known only to limited individuals within an organization and is used in a business that the organization conducts. The information must have actual or potential commercial value and give the user of the information an opportunity to obtain a business advantage over competitors who do not know or use the information.

(L) “Services” includes, but is not limited to, computer time, data processing and storage functions.

(m) “Sexual conduct” means sexual intercourse or oral or anal sexual intercourse, as those terms are defined in ORS 163.305 (Definitions) , or masturbation.

(2) Any person commits computer crime who knowingly accesses, attempts to access or uses, or attempts to use, any computer, computer system, computer network or any part thereof for the purpose of:

(a) Devising or executing any scheme or artifice to defraud;

(b) Obtaining money, property or services by means of false or fraudulent pretenses, representations or promises; or

(c) Committing theft, including, but not limited to, theft of proprietary information or theft of an intimate image.

(3) Any person who knowingly and without authorization alters, damages or destroys any computer, computer system, computer network, or any computer software, program, documentation or data contained in such computer, computer system or computer network, commits computer crime.

(4) Any person who knowingly and without authorization uses, accesses or attempts to access any computer, computer system, computer network, or any computer software, program, documentation or data contained in such computer, computer system or computer network, commits computer crime.

(5) Intentionally left blank —Ed.

(a) A violation of the provisions of subsection (2) or (3) of this section shall be a Class C felony. Except as provided in paragraph (b) of this subsection, a violation of the provisions of subsection (4) of this section shall be a Class A misdemeanor.

(b) Any violation of this section relating to a computer, computer network, computer program, computer software, computer system or data owned or operated by the Oregon State Lottery or rented, owned or operated by another person or entity under contract to or at the direction of the Oregon State Lottery Commission shall be a Class C felony. [1985 c.537 §8; 1989 c.737 §1; 1991 c.962 §17; 2001 c.870 §18; 2015 c.350 §1; 2017 c.318 §13]

GRAFFITI-RELATED OFFENSES

Source: Section 164.377 — Computer crime , https://www.­oregonlegislature.­gov/bills_laws/ors/ors164.­html (accessed May 26, 2025).
ORS § 167.117 — OR Code / Title 16 / Chapter 167 / Section 167.117
167.117 Definitions for ORS 167.108 to 167.164 and 464.270 to 464.530
Status: in_force

As used in ORS 167.108 (Definitions for ORS 167.109 and 167.112) to 167.164 (Possession of a gray machine) and 464.270 (Licensing requirements) to 464.530 (Jurisdiction of Circuit Court for Marion County) , unless the context requires otherwise:

(1) “Bingo or lotto” means a game, played with cards bearing lines of numbers, in which a player covers or uncovers a number selected from a container, and which is won by a player who is present during the game and who first covers or uncovers the selected numbers in a designated combination, sequence or pattern.

(2) “Bookmaker” means a person who unlawfully accepts a bet from a member of the public upon the outcome of a future contingent event and who charges or accepts a percentage, fee or vigorish on the wager.

(3) “Bookmaking” means promoting gambling by unlawfully accepting bets from members of the public as a business, rather than in a casual or personal fashion, upon the outcomes of future contingent events.

(4) “Casino game” means any of the traditional gambling-based games commonly known as dice, faro, monte, roulette, fan-tan, twenty-one, blackjack, Texas hold-’em, seven-and-a-half, big injun, klondike, craps, poker, chuck-a-luck, Chinese chuck-a-luck (dai shu), wheel of fortune, chemin de fer, baccarat, pai gow, beat the banker, panquinqui, red dog, acey-deucey, or any other gambling-based game similar in form or content.

(5) Intentionally left blank —Ed.

(a) “Charitable, fraternal or religious organization” means any person that is:

(A) Organized and existing for charitable, benevolent, eleemosynary, humane, patriotic, religious, philanthropic, recreational, social, educational, civic, fraternal or other nonprofit purposes; and

(B) Exempt from payment of federal income taxes because of its charitable, fraternal or religious purposes.

(b) The fact that contributions to an organization profiting from a contest of chance do not qualify for a charitable deduction for tax purposes or that the organization is not otherwise exempt from payment of federal income taxes pursuant to the Internal Revenue Code of 1986, as amended, constitutes prima facie evidence that the organization is not a bona fide charitable, fraternal or religious organization.

(6) “Contest of chance” means any contest, game, gaming scheme or gaming device in which the outcome depends in a material degree upon an element of chance, notwithstanding that skill of the contestants may also be a factor therein.

(7) “Gambling” means that a person stakes or risks something of value upon the outcome of a contest of chance or a future contingent event not under the control or influence of the person, upon an agreement or understanding that the person or someone else will receive something of value in the event of a certain outcome. “Gambling” does not include:

(a) Bona fide business transactions valid under the law of contracts for the purchase or sale at a future date of securities or commodities, and agreements to compensate for loss caused by the happening of chance, including but not limited to contracts of indemnity or guaranty and life, health or accident insurance.

(b) Engaging in contests of chance under the following conditions:

(A) The contest is played for some token other than money;

(B) An individual contestant may not purchase more than $100 worth of tokens for use in the contest during any 24-hour period;

(C) The tokens may be exchanged only for property other than money;

(D) Except when the tokens are exchanged for a beverage or merchandise to be consumed on the premises, the tokens are not redeemable on the premises where the contest is conducted or within 50 miles thereof; and

(E) Except for charitable, fraternal or religious organizations, no person who conducts the contest as owner, agent or employee profits in any manner from operation of the contest.

(c) Social games.

(d) Bingo, lotto or raffle games or Monte Carlo events operated in compliance with ORS 167.118 (Certain games or events conducted by charitable, fraternal or religious organizations) , by a charitable, fraternal or religious organization licensed pursuant to ORS 167.118 (Certain games or events conducted by charitable, fraternal or religious organizations) , 464.250 (Powers and duties of Department of Justice) to 464.380 (Variations depending on number, frequency or gross income authorized) and 464.420 (Local prohibition in lieu of state regulation) to 464.530 (Jurisdiction of Circuit Court for Marion County) to operate such games.

(e) Savings promotion raffles, as defined in ORS 708A.660 (Savings promotion raffles) .

(8) “Gambling device” means any device, machine, paraphernalia or equipment that is used or usable in the playing phases of unlawful gambling, whether it consists of gambling between persons or gambling by a person involving the playing of a machine. Lottery tickets, policy slips and other items used in the playing phases of lottery and policy schemes are not gambling devices within this definition. Amusement devices other than gray machines, that do not return to the operator or player thereof anything but free additional games or plays, shall not be considered to be gambling devices.

(9) Intentionally left blank —Ed.

(a) “Gray machine” means any electrical or electromechanical device, whether or not it is in working order or some act of manipulation, repair, adjustment or modification is required to render it operational, that:

(A) Awards credits or contains or is readily adaptable to contain, a circuit, meter or switch capable of removing or recording the removal of credits earned by a player, other than removal during the course of continuous play; or

(B) Plays, emulates or simulates a casino game, bingo or keno.

(b) A device is no less a gray machine because, apart from its use or adaptability as such, it may also sell or deliver something of value on the basis other than chance.

(c) “Gray machine” does not include:

(A) Any device commonly known as a personal computer, including any device designed and marketed solely for home entertainment, when used privately and not for a fee and not used to facilitate any form of gambling;

(B) Any device operated under the authority of the Oregon State Lottery;

(C) Any device manufactured or serviced but not operated in Oregon by a manufacturer who has been approved under rules adopted by the Oregon State Lottery Commission;

(D) A slot machine;

(E) Any device authorized by the Oregon State Lottery Commission for:

(i) Display and demonstration purposes only at trade shows; or

(ii) Training and testing purposes by the Department of State Police; or

(F) Any device used to operate bingo in compliance with ORS 167.118 (Certain games or events conducted by charitable, fraternal or religious organizations) by a charitable, fraternal or religious organization licensed to operate bingo pursuant to ORS 167.118 (Certain games or events conducted by charitable, fraternal or religious organizations) , 464.250 (Powers and duties of Department of Justice) to 464.380 (Variations depending on number, frequency or gross income authorized) and 464.420 (Local prohibition in lieu of state regulation) to 464.530 (Jurisdiction of Circuit Court for Marion County) .

(10) “Handle” means the total amount of money and other things of value bet on the bingo, lotto or raffle games, the value of raffle chances sold or the total amount collected from the sale of imitation money during Monte Carlo events.

(11) “Internet” means an interactive computer service or system or an information service, system or access software provider that provides or enables computer access by multiple users to a computer server and includes, but is not limited to, an information service, system or access software provider that provides access to a network system commonly known as the Internet, or any comparable system or service and also includes, but is not limited to a World Wide Web page, newsgroup, message board, mailing list or chat area on any interactive computer service or system or other online service.

(12) “Lottery” or “policy” means an unlawful gambling scheme in which:

(a) The players pay or agree to pay something of value for chances, represented and differentiated by numbers or by combinations of numbers or by some other medium, one or more of which chances are to be designated the winning ones;

(b) The winning chances are to be determined by a drawing or by some other method; and

(c) The holders of the winning chances are to receive something of value.

(13) “Monte Carlo event” means a gambling event at which wagers are placed with imitation money upon contests of chance in which players compete against other players or against the house. As used in this subsection, “imitation money” includes imitation currency, chips or tokens.

(14) “Numbers scheme or enterprise” means a form of lottery in which the winning chances or plays are not determined upon the basis of a drawing or other act on the part of persons conducting or connected with the scheme, but upon the basis of the outcome of a future contingent event otherwise unrelated to the particular scheme.

(15) “Operating expenses” means those expenses incurred in the operation of a bingo, lotto or raffle game, including only the following:

(a) Salaries, employee benefits, workers’ compensation coverage and state and federal employee taxes;

(b) Security services;

(c) Legal and accounting services;

(d) Supplies and inventory;

(e) Rent, repairs, utilities, water, sewer and garbage;

(f) Insurance;

(g) Equipment;

(h) Printing and promotions;

(i) Postage and shipping;

(j) Janitorial services and supplies; and

(k) Leasehold improvements.

(16) “Player” means a person who engages in any form of gambling solely as a contestant or bettor, without receiving or becoming entitled to receive any profit therefrom other than personal gambling winnings, and without otherwise rendering any material assistance to the establishment, conduct or operation of the particular gambling activity. A person who gambles at a social game of chance on equal terms with the other participants therein is a person who does not otherwise render material assistance to the establishment, conduct or operation thereof by performing, without fee or remuneration, acts directed toward the arrangement or facilitation of the game, such as inviting persons to play, permitting the use of premises therefor and supplying cards or other equipment used therein. A person who engages in bookmaking is not a player.

(17) “Profits from unlawful gambling” means that a person, acting other than solely as a player, accepts or receives money or other property pursuant to an agreement or understanding with another person whereby the person participates or is to participate in the proceeds of unlawful gambling.

(18) “Promotes unlawful gambling” means that a person, acting other than solely as a player, engages in conduct that materially aids any form of unlawful gambling. Conduct of this nature includes, but is not limited to, conduct directed toward the creation or establishment of the particular game, contest, scheme, device or activity involved, toward the acquisition or maintenance of premises, paraphernalia, equipment or apparatus therefor, toward the solicitation or inducement of persons to participate therein, toward the conduct of the playing phases thereof, toward the arrangement of any of its financial or recording phases or toward any other phase of its operation. A person promotes unlawful gambling if, having control or right of control over premises being used with the knowledge of the person for purposes of unlawful gambling, the person permits the unlawful gambling to occur or continue or makes no effort to prevent its occurrence or continuation.

(19) “Raffle” means a lottery operated by a charitable, fraternal or religious organization wherein the players pay something of value for chances, represented by numbers or combinations thereof or by some other medium, one or more of which chances are to be designated the winning ones or determined by a drawing and the player holding the winning chance is to receive something of value.

(20) Intentionally left blank —Ed.

(a) “Slot machine” means a gambling device that as a result of the insertion of a coin or other object operates, either completely automatically, or with the aid of some physical act by the player, in such a manner that, depending upon elements of chance, it may eject something of value or otherwise entitle the player to something of value. A device so constructed or readily adaptable or convertible to such use is no less a slot machine because it is not in working order or because some mechanical act of manipulation or repair is required to accomplish its adaptation, conversion or workability. Nor is it any less a slot machine because apart from its use or adaptability as such it may also sell or deliver something of value on the basis other than chance.

(b) “Slot machine” does not include any device authorized by the Oregon State Lottery Commission for:

(A) Display and demonstration purposes only at trade shows; or

(B) Training and testing purposes by the Department of State Police.

(21) “Social game” means:

(a) A game, other than a lottery, between players in a private home where no house player, house bank or house odds exist and there is no house income from the operation of the social game; and

(b) If authorized pursuant to ORS 167.121 (Local authorization of social games) , a game, other than a lottery, between players in a private business, private club or place of public accommodation where no house player, house bank or house odds exist and there is no house income from the operation of the social game.

(22) “Something of value” means any money or property, any token, object or article exchangeable for money or property, or any form of credit or promise directly or indirectly contemplating transfer of money or property or of any interest therein.

(23) “Trade show” means an exhibit of products and services that is:

(a) Not open to the public; and

(b) Of limited duration.

(24) “Unlawful” means not specifically authorized by law. [1971 c.669 §3a; 1971 c.743 §263; 1973 c.788 §1; 1974 c.7 §1; 1975 c.421 §1; 1977 c.850 §1; 1983 c.813 §1; 1987 c.914 §1; 1991 c.962 §7; 1995 c.577 §2; 1997 c.867 §1; 1999 c.193 §1; 2001 c.228 §1; 2001 c.502 §7; 2005 c.57 §1; 2005 c.355 §2; 2015 c.137 §3]

Source: Section 167.117 — Definitions for ORS 167.108 to 167.164 and 464.270 to 464.530 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors167.­html (accessed May 26, 2025).
ORS § 163.365 — OR Code / Title 16 / Chapter 163 / Section 163.365
163.365 Rape in the second degree
Status: in_force

(1) A person who has sexual intercourse with another person commits the crime of rape in the second degree if the other person is under 14 years of age.

(2) Rape in the second degree is a Class B felony. [1971 c.743 §110; 1989 c.359 §1; 1991 c.628 §2]

Source: Section 163.365 — Rape in the second degree , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 163.709 — OR Code / Title 16 / Chapter 163 / Section 163.709
163.709 Unlawful directing of light from a laser pointer
Status: in_force

(1) A person commits the offense of unlawful directing of light from a laser pointer if the person knowingly directs light from a laser pointer at another person without the consent of the other person and the other person is:

(a) A peace officer as defined in ORS 161.015 (General definitions) who is acting in the course of official duty; or

(b) A uniformed private security professional as defined in ORS 181A.840 (Definitions for ORS 181A.360, 181A.840 to 181A.918, 181A.895 and 181A.995) who is on duty.

(2) The offense described in this section, unlawful directing of light from a laser pointer, is a Class A misdemeanor.

(3) As used in this section, “laser pointer” means a device that emits light amplified by the stimulated emission of radiation that is visible to the human eye. [1999 c.757 §1; 2005 c.447 §9]

Note: 163.709 (Unlawful directing of light from a laser pointer) 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 163.709 — Unlawful directing of light from a laser pointer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 164.882 — OR Code / Title 16 / Chapter 164 / Section 164.882
164.882 Unlawful operation of an audiovisual device
Status: in_force

(1) A person commits the crime of unlawful operation of an audiovisual device if the person knowingly operates the audiovisual recording function of any device in a motion picture theater, while a motion picture is being exhibited, without the written consent of the motion picture theater owner.

(2) Unlawful operation of an audiovisual device is a Class B misdemeanor.

(3) The provisions of subsection (1) of this section do not apply to any activity undertaken in the course of bona fide law enforcement activity or necessary to the proper functioning of the criminal justice system. [2005 c.459 §1]

Note: 164.882 (Unlawful operation of an audiovisual device) 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 164.882 — Unlawful operation of an audiovisual device , https://www.­oregonlegislature.­gov/bills_laws/ors/ors164.­html (accessed May 26, 2025).
ORS § 165.075 — OR Code / Title 16 / Chapter 165 / Section 165.075
165.075 Definitions
Status: in_force

As used in chapter 743, Oregon Laws 1971, unless the context requires otherwise:

(1) “Benefit” means gain or advantage to the beneficiary or to a third person pursuant to the desire or consent of the beneficiary.

(2) “Business records” means any writing or article kept or maintained by an enterprise for the purpose of evidencing or reflecting its condition or activities.

(3) “Enterprise” means any private entity of one or more persons, corporate or otherwise, engaged in business, commercial, professional, charitable, political, industrial or organized fraternal activity.

(4) “Fiduciary” means a trustee, guardian, executor, administrator, receiver or any other person acting in a fiduciary capacity as agent or employee of an organization which is a fiduciary.

(5) “Financial institution” means a bank, insurance company, credit union, savings and loan association, investment trust or other organization held out to the public as a place of deposit of funds or medium of savings or collective investment.

(6) “Government” means the state, any political subdivision thereof, or any governmental instrumentality within the state.

(7) “Misapplies” means dealing with property contrary to law or governmental regulation governing the custody or disposition of that property; governmental regulation includes administrative and judicial rules and orders as well as statutes and ordinances.

(8) “Sports contest” means any professional or amateur sport or athletic game or contest viewed by the public.

(9) “Sports official” means any person who acts in sports contests as an umpire, referee, judge or sports contest official.

(10) “Sports participant” means any person who directly or indirectly participates in sports contests as a player, contestant, team member, coach, manager, trainer, or any other person directly associated with a player, contestant or team member in connection with a sports activity. [1971 c.743 §162]

Note: Legislative Counsel has substituted “chapter 743, Oregon Laws 1971,” for the words “this Act” in section 162, chapter 743, Oregon Laws 1971, compiled as 165.075 (Definitions) . Specific ORS references have not been substituted, pursuant to 173.160 (Powers and duties of Legislative Counsel in preparing editions for publication) . These sections may be determined by referring to the 1971 Comparative Section Table located in Volume 22 of ORS.

Source: Section 165.075 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors165.­html (accessed May 26, 2025).
ORS § 166.295 — OR Code / Title 16 / Chapter 166 / Section 166.295
166.295 Renewal of license
Status: in_force

(1) Intentionally left blank —Ed.

(a) A concealed handgun license is renewable by repeating the procedures set out in ORS 166.291 (Issuance of concealed handgun license) and 166.292 (Procedure for issuing) , except for the requirement to submit fingerprints and provide character references. A licensee may submit the application for renewal by mail if the licensee:

(A) Is an active member of the Armed Forces of the United States, the National Guard of the United States or the Oregon National Guard; and

(B) Submits with the application proof of the licensee’s military orders and a copy of the licensee’s military identification.

(b) An otherwise expired concealed handgun license continues to be valid for up to 45 days after the licensee applies for renewal if:

(A) The licensee applies for renewal before the original license expires;

(B) The licensee has proof of the application for renewal; and

(C) The application for renewal has not been denied.

(2) If a licensee changes residence, the licensee shall report the change of address and the sheriff shall issue a new license as a duplication for a change of address. The license shall expire upon the same date as would the original. [1989 c.839 §10; 1993 c.735 §7; 2007 c.368 §4]

Source: Section 166.295 — Renewal of license , https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html (accessed May 26, 2025).
ORS § 161.242 — OR Code / Title 16 / Chapter 161 / Section 161.242
161.242 Use of deadly physical force by peace officer
Status: in_force

(1) A peace officer may use deadly physical force upon another person only when it is objectively reasonable, under the totality of circumstances known to the peace officer, to believe that the person poses an imminent threat of death or serious physical injury to the peace officer or to a third person and the use of deadly physical force is necessary to:

(a) Make a lawful arrest when the peace officer has probable cause to believe the person has committed a violent felony;

(b) Defend the peace officer or a third person from the imminent threat of death or serious physical injury; or

(c) Prevent the escape from custody of the person when the peace officer has probable cause to believe the person has committed a violent felony.

(2) Prior to using deadly physical force upon another person, if the peace officer has a reasonable opportunity to do so, the peace officer shall:

(a) Consider alternatives such as verbal de-escalation, waiting, using other available resources and techniques if reasonable, safe and feasible, or using a lesser degree of force; and

(b) Give a verbal warning to the person that deadly physical force may be used and provide the person with a reasonable opportunity to comply.

(3) Nothing in subsection (1) of this section constitutes justification for reckless or criminally negligent conduct by a peace officer constituting an offense against or with respect to innocent persons whom the peace officer is not seeking to arrest or retain in custody.

(4) As used in this section, “violent felony” has the meaning given that term in ORS 419A.004 (Definitions) . [2020 s.s.2 c.3 §8]

Source: Section 161.242 — Use of deadly physical force by peace officer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors161.­html (accessed May 26, 2025).
ORS § 162.117 — OR Code / Title 16 / Chapter 162 / Section 162.117
162.117 Public investment fraud
Status: in_force

(1) A person commits the crime of public investment fraud if, for the purpose of influencing in any way the action of the State Treasury, the person knowingly makes any false statement or report.

(2) Public investment fraud is a Class B felony.

(3) Public investment fraud shall be classified as crime category 6 of the sentencing guidelines grid of the Oregon Criminal Justice Commission.

(4) As used in this section, “action of the State Treasury” includes any application, advance, discount, purchase, purchase agreement, repurchase agreement, commitment or loan, or any change or extension of any of them, by renewal, deferment of action or otherwise, or the acceptance, release or substitution of security therefor. [1993 c.768 §1]

Note: 162.117 (Public investment fraud) , 162.118 (Illegal conduct by State Treasury not a defense) , 162.119 (Public fraud as racketeering activity) and 162.121 (Construction of ORS 162.117 to 162.121) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 162 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 162.117 — Public investment fraud , https://www.­oregonlegislature.­gov/bills_laws/ors/ors162.­html (accessed May 26, 2025).
ORS § 163.190 — OR Code / Title 16 / Chapter 163 / Section 163.190
163.190 Menacing
Status: in_force

"Harassment in Oregon includes behaviors such as verbal abuse, inappropriate jokes, posting comments about you on social media, bullying, or even making faces at you." Bibliographic info

(1) A person commits the crime of menacing if by word or conduct the person intentionally attempts to place another person in fear of imminent serious physical injury.

(2) Menacing is a Class A misdemeanor.

(3) If a person is convicted of menacing constituting domestic violence as an element of the crime as described ORS 132.586 (Pleading domestic violence in accusatory instrument) , the court shall ensure that the judgment document reflects that the conviction constitutes domestic violence. [1971 c.743 §95; 2021 c.581 §2]

Source: Section 163.190 — Menacing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 166.380 — OR Code / Title 16 / Chapter 166 / Section 166.380
166.380 Examination of firearm by peace officer
Status: in_force

(1) Except as provided in subsection (2) of this section, a peace officer may examine a firearm possessed by anyone on the person while in or on a public building to determine whether the firearm is a loaded firearm.

(2) A person who is licensed under ORS 166.291 (Issuance of concealed handgun license) and 166.292 (Procedure for issuing) to carry a concealed handgun may present a valid concealed handgun license to the peace officer instead of providing the firearm to the peace officer for examination. [1969 c.705 §3; 2015 c.605 §1]

Source: Section 166.380 — Examination of firearm by peace officer; presentation of concealed handgun license , https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html (accessed May 26, 2025).
ORS § 164.864 — OR Code / Title 16 / Chapter 164 / Section 164.864
164.864 Definitions for ORS 164.864 to 164.882
Status: in_force

As used in ORS 164.865 (Unlawful sound recording) , 164.866 (Civil action for injuries caused by criminal acts) , 164.868 (Unlawful labeling of a sound recording) , 164.869 (Unlawful recording of a live performance) , 164.872 (Unlawful labeling of a videotape recording) , 164.873 (Exemptions from ORS 164.865, 164.868, 164.869, 164.872 and 164.875) , 164.875 (Unlawful videotape recording) and 164.882 (Unlawful operation of an audiovisual device) and this section, unless the context requires otherwise:

(1) “Audiovisual recording function” means the capability of a device to record or transmit a motion picture or any part of a motion picture by means of any technology now known or later developed.

(2) “Commercial enterprise” means a business operating in intrastate or interstate commerce for profit. “Commercial enterprise” does not include:

(a) Activities by schools, libraries or religious organizations;

(b) Activities incidental to a bona fide scholastic or critical endeavor;

(c) Activities incidental to the marketing or sale of recording devices; and

(d) Activities involving the recording of school or religious events or activities.

(3) “Fixed” means embodied in a recording or other tangible medium of expression, by or under the authority of the author, so that the matter embodied is sufficiently permanent or stable to permit it to be perceived, reproduced or otherwise communicated for a period of more than transitory duration.

(4) “Live performance” means a recitation, rendering or playing of musical instruments or vocal arrangements in an audible sequence in a public performance.

(5) “Manufacturer” means the entity authorizing the duplication of a specific recording, but shall not include the manufacturer of the cartridge or casing itself.

(6) “Master recording” means the master disk, master tape, master film or other device used for reproducing recorded sound from which a sound recording is directly or indirectly derived.

(7) “Motion picture” includes any motion picture, regardless of length or content, that is exhibited in a motion picture theater, exhibited on television to paying customers or under the sponsorship of a paying advertiser or produced and exhibited for scientific research or educational purposes. “Motion picture” does not include amateur films that are shown free or at cost to friends, neighbors or civic groups.

(8) “Motion picture theater” means a movie theater, screening room or other venue that is being utilized primarily for the exhibition of a motion picture.

(9) “Owner” means a person who owns the sounds fixed in a master phonograph record, master disk, master tape, master film or other recording on which sound is or can be recorded and from which the transferred recorded sounds are directly or indirectly derived.

(10) “Recording” means a tangible medium on which information, sounds or images, or any combination thereof, are recorded or otherwise stored. Medium includes, but is not limited to, an original phonograph record, disk, tape, audio or video cassette, wire, film or other medium now existing or developed later on which sounds, images or both are or can be recorded or otherwise stored or a copy or reproduction that duplicates in whole or in part the original.

(11) “Sound recording” means any reproduction of a master recording.

(12) “Videotape” means a reel of tape upon which a motion picture is electronically or magnetically imprinted by means of an electronic video recorder and which may be used in video playback equipment to project or display the motion picture on a television screen. [1993 c.95 §1; 2001 c.666 §§30,42; 2005 c.459 §§3,4; 2005 c.830 §22]

Note: 164.864 (Definitions for ORS 164.864 to 164.882) , 164.866 (Civil action for injuries caused by criminal acts) , 164.867 (Applicability of ORS 164.868, 164.869 and 164.872) , 164.868 (Unlawful labeling of a sound recording) , 164.869 (Unlawful recording of a live performance) , 164.872 (Unlawful labeling of a videotape recording) and 164.873 (Exemptions from ORS 164.865, 164.868, 164.869, 164.872 and 164.875) were enacted into law by the Legislative Assembly but were 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 164.864 — Definitions for ORS 164.864 to 164.882 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors164.­html (accessed May 26, 2025).
ORS § 163.693 — OR Code / Title 16 / Chapter 163 / Section 163.693
163.693 Failure to report child pornography
Status: in_force

(1) As used in this section:

(a) “Computer technician” means a person who repairs, installs or otherwise services a computer, computer network or computer system for compensation.

(b) “Processor of photographic images” means a person who develops, processes, reproduces, transfers, edits or enhances photographic film into negatives, slides, prints, movies, digital images or video.

(2) A processor of photographic images or a computer technician who reasonably believes the processor or technician has observed a visual recording of a child involved in sexually explicit conduct shall report the name and address, if known, of the person requesting the processing or of the owner or person in possession of the computer, computer network or computer system to:

(a) The CyberTipline at the National Center for Missing and Exploited Children;

(b) The local office of the Department of Human Services; or

(c) A law enforcement agency within the county where the processor or technician making the report is located at the time the visual recording is observed.

(3) Nothing in this section requires a processor of photographic images or a computer technician to monitor any user, subscriber or customer or to search for prohibited materials or media.

(4) Any person, their employer or a third party complying with this section in good faith shall be immune from civil or criminal liability in connection with making the report, except for willful or wanton misconduct.

(5) A person commits the crime of failure to report child pornography if the person violates the provisions of this section.

(6) Failure to report child pornography is a Class A misdemeanor. [1987 c.864 §7; 1991 c.664 §10; 2011 c.515 §§8,11a]

Source: Section 163.693 — Failure to report child pornography , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 167.060 — OR Code / Title 16 / Chapter 167 / Section 167.060
167.060 Definitions for ORS 167.060 to 167.095
Status: in_force

As used in ORS 167.060 (Definitions for ORS 167.060 to 167.095) to 167.095 (Defenses in prosecutions under ORS 167.090) , unless the context requires otherwise:

(1) “Advertising purposes” means purposes of propagandizing in connection with the commercial sale of a product or type of product, the commercial offering of a service, or the commercial exhibition of an entertainment.

(2) “Displays publicly” means the exposing, placing, posting, exhibiting, or in any fashion displaying in any location, whether public or private, an item in such a manner that it may be readily seen and its content or character distinguished by normal unaided vision viewing it from a public thoroughfare, depot or vehicle.

(3) “Furnishes” means to sell, give, rent, loan or otherwise provide.

(4) “Minor” means an unmarried person under 18 years of age.

(5) “Nudity” means uncovered, or less than opaquely covered, post-pubertal human genitals, pubic areas, the post-pubertal human female breast below a point immediately above the top of the areola, or the covered human male genitals in a discernibly turgid state. For purposes of this definition, a female breast is considered uncovered if the nipple only or the nipple and areola only are covered.

(6) “Obscene performance” means a play, motion picture, dance, show or other presentation, whether pictured, animated or live, performed before an audience and which in whole or in part depicts or reveals nudity, sexual conduct, sexual excitement or sadomasochistic abuse, or which includes obscenities or explicit verbal descriptions or narrative accounts of sexual conduct.

(7) “Obscenities” means those slang words currently generally rejected for regular use in mixed society, that are used to refer to genitals, female breasts, sexual conduct or excretory functions or products, either that have no other meaning or that in context are clearly used for their bodily, sexual or excretory meaning.

(8) “Public thoroughfare, depot or vehicle” means any street, highway, park, depot or transportation platform, or other place, whether indoors or out, or any vehicle for public transportation, owned or operated by government, either directly or through a public corporation or authority, or owned or operated by any agency of public transportation that is designed for the use, enjoyment or transportation of the general public.

(9) “Sadomasochistic abuse” means flagellation or torture by or upon a person who is nude or clad in undergarments or in revealing or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.

(10) “Sexual conduct” means human masturbation, sexual intercourse, or any touching of the genitals, pubic areas or buttocks of the human male or female, or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification.

(11) “Sexual excitement” means the condition of human male or female genitals or the breasts of the female when in a state of sexual stimulation, or the sensual experiences of humans engaging in or witnessing sexual conduct or nudity. [1971 c.743 §255]

Source: Section 167.060 — Definitions for ORS 167.060 to 167.095 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors167.­html (accessed May 26, 2025).
ORS § 163.266 — OR Code / Title 16 / Chapter 163 / Section 163.266
163.266 Trafficking in persons
Status: in_force

(1) A person commits the crime of trafficking in persons if the person knowingly recruits, entices, harbors, transports, provides or obtains by any means, or attempts to recruit, entice, harbor, transport, provide or obtain by any means, another person and:

(a) The person knows or recklessly disregards the fact that the other person will be subjected to involuntary servitude as described in ORS 163.263 (Subjecting another person to involuntary servitude in the second degree) or 163.264 (Subjecting another person to involuntary servitude in the first degree) ;

(b) The person knows or recklessly disregards the fact that force, fraud or coercion will be used to cause the other person to engage in a commercial sex act; or

(c) The person knows or recklessly disregards the fact that the other person is under 18 years of age and will be used in a commercial sex act.

(2) A person commits the crime of trafficking in persons if the person knowingly benefits financially or receives something of value from participation in a venture that involves an act prohibited by subsection (1) of this section or ORS 163.263 (Subjecting another person to involuntary servitude in the second degree) or 163.264 (Subjecting another person to involuntary servitude in the first degree) .

(3) As used in this section, “commercial sex act” means sexual conduct or sexual contact, as those terms are defined in ORS 167.002 (Definitions for ORS 167.002 to 167.027) , performed in return for a fee or anything of value.

(4) Violation of subsection (1)(a) or (2) of this section is a Class B felony.

(5) Violation of subsection (1)(b) or (c) of this section is a Class A felony. [2007 c.811 §4; 2013 c.720 §1; 2017 c.395 §1; 2023 c.217 §4]

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

Source: Section 163.266 — Trafficking in persons , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 163.005 — OR Code / Title 16 / Chapter 163 / Section 163.005
163.005 Criminal homicide
Status: in_force

(1) A person commits criminal homicide if, without justification or excuse, the person intentionally, knowingly, recklessly or with criminal negligence causes the death of another human being.

(2) “Criminal homicide” is murder, manslaughter, criminally negligent homicide or aggravated vehicular homicide.

(3) “Human being” means a person who has been born and was alive at the time of the criminal act. [1971 c.743 §87; 2007 c.867 §4]

Source: Section 163.005 — Criminal homicide , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 169.650 — OR Code / Title 16 / Chapter 169 / Section 169.650
169.650 Status of facility operated by Department of Corrections
Status: in_force

A regional correctional facility operated under agreement by the Department of Corrections is not a state institution but it may be located in the same buildings as are used for a facility authorized by ORS 421.805 (Siting of branch institutions) . [1971 c.636 §7; 1987 c.320 §100]

Source: Section 169.650 — Status of facility operated by Department of Corrections , https://www.­oregonlegislature.­gov/bills_laws/ors/ors169.­html (accessed May 26, 2025).
ORS § 163.315 — OR Code / Title 16 / Chapter 163 / Section 163.315
163.315 Incapacity to consent
Status: in_force

(1) A person is considered incapable of consenting to a sexual act if the person is:

(a) Under 18 years of age;

(b) Incapable of appraising the nature of the person’s conduct;

(c) Mentally incapacitated; or

(d) Physically helpless.

(2) A lack of verbal or physical resistance does not, by itself, constitute consent but may be considered by the trier of fact along with all other relevant evidence.

(3) A person is incapable of appraising the nature of the person’s conduct if:

(a) The person is unable to understand the nature of the conduct;

(b) The person is unable to understand the right to choose whether and how to engage in conduct, including the right to revoke a prior decision to engage in conduct; or

(c) The person is unable to communicate a decision to engage in conduct. [1971 c.743 §105; 1999 c.949 §2; 2001 c.104 §52; 2021 c.82 §2]

Source: Section 163.315 — Incapacity to consent; effect of lack of resistance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 166.256 — OR Code / Title 16 / Chapter 166 / Section 166.256
166.256 Relinquishment of firearm upon person becoming subject to certain court orders
Status: in_force

(1) Intentionally left blank —Ed.

(a) When a respondent becomes subject to an order described in ORS 166.255 (Possession of firearm or ammunition by certain persons prohibited) (1)(a) prohibiting the respondent from possessing firearms or ammunition, the court shall:

(A) Indicate in the order that the respondent 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) while the order is in effect.

(B) Ensure that the respondent is subject to an additional order:

(i) Requiring the respondent to transfer all firearms and ammunition in the respondent’s possession in accordance with subsection (2) of this section; and

(ii) Requiring the respondent to file a declaration as described in subsection (4) of this section.

(b) If the respondent becomes subject to the order while the respondent is present in court, the court shall:

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

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

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

(2) Intentionally left blank —Ed.

(a) Within 24 hours of becoming subject to the court order under subsection (1)(a)(B) of this section or receiving the court order under subsection (1)(b)(B) of this section, the respondent shall transfer all firearms and ammunition in the respondent’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 respondent, 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 respondent a written proof of transfer. The proof of transfer must include the respondent’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 respondent 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 respondent is prohibited from possessing firearms and ammunition; and

(B) The third party is subject to criminal penalties if the third party allows the respondent 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 becoming subject to the court order under subsection (1)(a)(B) of this section or receiving the court order under subsection (1)(b)(B) of this section, the respondent shall file with the court a declaration under penalty of perjury attesting that:

(A) All firearms and ammunition in the respondent’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 respondent 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 respondent is asserting the respondent’s constitutional right against self-incrimination.

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

(a) The respondent is in possession of a court order described in subsection (1)(a)(B) or (1)(b)(B) of this section that went into effect or was issued within the previous 24 hours;

(b) The firearm is unloaded; and

(c) The respondent 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) Upon the expiration or termination of the order described in ORS 166.255 (Possession of firearm or ammunition by certain persons prohibited) (1)(a), at the request of the respondent:

(a) A law enforcement agency shall return any stored firearms and ammunition to the respondent in accordance with ORS 166.257 (Return of relinquished firearm) .

(b) A gun dealer shall return any stored firearms and ammunition to the respondent after performing a criminal background check as defined in ORS 166.432 (Definitions for ORS 166.412 and 166.433 to 166.441) to confirm that the respondent is not prohibited from possessing a firearm or ammunition under state or federal law.

(c) A third party shall return any stored firearms and ammunition to the respondent only after requesting a criminal background check 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.

(8) If the respondent does not file a declaration described in 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 §4]

Note: 166.256 (Relinquishment of firearm upon person becoming subject to certain court orders) and 166.257 (Return of relinquished firearm) were enacted into law by the Legislative Assembly but were 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.

Source: Section 166.256 — Relinquishment of firearm upon person becoming subject to certain court orders , https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html (accessed May 26, 2025).
ORS § 163.111 — OR Code / Title 16 / Chapter 163 / Section 163.111
163.111 Pleading, proof and stipulation regarding previous conviction element in prosecution for murder in the first degree
Status: in_force

(1) In a prosecution for murder in the first degree under ORS 163.107 (Murder in the first degree) (1)(c), the state shall plead the previous conviction, and shall prove the previous conviction unless the defendant stipulates to that fact prior to trial. If the defendant so stipulates and the trial is by jury:

(a) The court shall accept the stipulation regardless of whether or not the state agrees to it;

(b) The defendant’s stipulation to the previous conviction constitutes a judicial admission to that element of the accusatory instrument. The stipulation shall be made a part of the record of the case, but shall not be offered or received in the presence of the jury;

(c) For the purpose of establishing the prior conviction solely as an element of the crime under ORS 163.107 (Murder in the first degree) (1)(c), neither the court nor the state shall reveal to the jury the previous conviction, but the previous conviction is established in the record by the defendant’s stipulation; and

(d) The court shall not submit the accusatory instrument or evidence of the previous conviction to the jury.

(2) In a proceeding under ORS 163.107 (Murder in the first degree) (1)(c), the state may offer, and the court may receive and submit to the jury, evidence of the previous conviction for impeachment of the defendant or another purpose, other than establishing the conviction as an element of the offense, when the evidence of the previous conviction is otherwise admissible for that purpose. When evidence of the previous conviction has been admitted by the court, the state may comment upon, and the court may give instructions about, the evidence of the previous conviction only to the extent that the comments or instructions relate to the purpose for which the evidence was admitted.

(3) When the defendant stipulates to the prior conviction required as an element of murder in the first degree under ORS 163.107 (Murder in the first degree) (1)(c), if the jury finds the defendant guilty upon instruction regarding the balance of the elements of the crime, the court shall enter a judgment of guilty of murder in the first degree. [Formerly 163.103]

Source: Section 163.111 — Pleading, proof and stipulation regarding previous conviction element in prosecution for murder in the first degree , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 165.027 — OR Code / Title 16 / Chapter 165 / Section 165.027
165.027 Evidence admissible to prove forgery or possession of forged instrument
Status: in_force

(1) In any prosecution for forgery of a bank bill or note or for criminal possession of a forged bank bill or note, the testimony of any person acquainted with the signature of the officer or agent authorized to sign the bills or notes of the bank of which such bill or note is alleged to be a forgery, or who has knowledge of the difference in appearance of the true and forged bills or notes thereof, may be admitted to prove that it is a forgery.

(2) In any prosecution for forgery or for criminal possession of any note, certificate, bond, bill of credit, or other security or evidence of debt issued on behalf of the United States or any state or territory, the certificate duly sworn to of the Secretary of the Treasury, or of the Treasurer of the United States, or of the secretary or treasurer of any state or treasury on whose behalf the note, certificate, bond, bill of credit or other security or evidence of debt purports to have been issued, shall be admitted as evidence to prove that it is a forgery. [1971 c.743 §290]

Source: Section 165.027 — Evidence admissible to prove forgery or possession of forged instrument , https://www.­oregonlegislature.­gov/bills_laws/ors/ors165.­html (accessed May 26, 2025).
ORS § 165.116 — OR Code / Title 16 / Chapter 165 / Section 165.116
165.116 Definitions for ORS 165.116 to 165.124
Status: in_force

As used in ORS 165.116 (Definitions for ORS 165.116 to 165.124) to 165.124 (Application of ORS 164.857, 165.116, 165.117, 165.118 and 165.122) :

(1) “Commercial account” means an agreement or arrangement between a commercial seller and a scrap metal business for regularly or periodically selling, delivering, purchasing or receiving metal property.

(2) “Commercial metal property” means an item fabricated or containing parts made of metal or metal alloys that:

(a) Is used as, used in or used as part of:

(A) A utility access cover or a cover for a utility meter;

(B) A pole, fixture or component of a street light or traffic light;

(C) A sign or marker located, with the permission of a governmental entity, alongside a street, road or bridge for the purpose of directing or controlling traffic or providing information to motorists;

(D) A traffic safety device, including a guardrail for a highway, road or bridge;

(E) A vase, plaque, marker, tablet, plate or other sign or ornament affixed to or in proximity to a historic site, grave, statue, monument or similar property accessible to members of the public;

(F) An agricultural implement, including an irrigation wheel, sprinkler head or pipe;

(G) A forestry implement or structure, including silvicultural equipment, gates, culverts and servicing and maintenance parts or supplies; or

(H) A logging operation implement, including mechanical equipment, rigging equipment and servicing and maintenance parts or supplies;

(b) Bears the name of, or a serial or model number, logo or other device used by, a commercial seller to identify the commercial seller’s property including, but not limited to, implements or equipment used by railroads and utilities that provide telephone, commercial mobile radio, cable television, electricity, water, natural gas or similar services;

(c) Consists of material used in building construction or other commercial construction, including:

(A) Copper or aluminum pipe, tubing or wiring;

(B) Aluminum gutters, downspouts, siding, decking, bleachers or risers; or

(C) Aluminum or stainless steel fence panels made of one-inch tubing 42 inches long, with four-inch gaps; or

(d) Constitutes wire of a gauge typically used by utilities to provide electrical or telecommunications service.

(3) “Commercial seller” means:

(a) A business entity, as defined in ORS 60.470 (Definitions for ORS 60.470 to 60.501) , business enterprise with a fixed place of business, nonprofit corporation or governmental entity that regularly or periodically sells or delivers metal property to a scrap metal business as part of the entity’s business functions; or

(b) A person with a court order authorizing the possession and sale of particular metal property.

(4) “Dismantler” means the holder of a valid, current dismantler certificate issued under ORS 822.110 (Dismantler certificate) .

(5) “Electronic funds transfer” has the meaning given that term in ORS 293.525 (Payments to and by state agencies by electronic funds transfers) .

(6) “Fixed place of business” means a location:

(a) Where a business enterprise primarily and regularly conducts the enterprise’s business activity;

(b) That includes a commercial building; and

(c) That corresponds to the address shown on any licenses required by state law or local ordinance for all applicable business activity conducted at that location.

(7) “Law enforcement agency” has the meaning given that term in ORS 131.550 (Definitions for ORS 131.550 to 131.600) .

(8) “Metal property” means commercial metal property, nonferrous metal property or private metal property.

(9) Intentionally left blank —Ed.

(a) “Nonferrous metal property” means an item fabricated or containing parts made of or in an alloy with copper, brass, aluminum, bronze, lead, zinc or nickel.

(b) “Nonferrous metal property” does not include gold, silver or platinum that is used in the manufacture, repair, sale or resale of jewelry.

(10) “Nonprofit corporation” means a corporation to which the Secretary of State has issued a certificate of existence or a certificate of authorization under ORS 65.027 (Certificate of existence or authorization) .

(11) “Private metal property” means a catalytic converter or a component of a catalytic converter that has been removed from a vehicle and is offered for sale as an independent item, whether individually or as part of a bundle, bale or in other bulk form.

(12) Intentionally left blank —Ed.

(a) “Scrap metal business” means a person that:

(A) Maintains a permanent or fixed place of business at which the person:

(i) Engages in the business of purchasing or receiving metal property;

(ii) Alters or prepares metal property the person receives for use in manufacturing other products; and

(iii) Owns, leases, rents, maintains or uses a device used in metal recycling, including a hydraulic baler, metal shearer or metal shredder;

(B) Maintains a permanent or fixed place of business at which the person engages in the business of purchasing or receiving metal property for the purpose of aggregation and sale to another scrap metal business;

(C) Does not necessarily maintain a permanent or fixed place of business in this state but engages in the business of purchasing or receiving nonferrous metal property for the purpose of aggregation and sale to another scrap metal business and holds any licenses required by state law or local ordinance for conducting all applicable business activity; or

(D) Engages in the business of purchasing or receiving private metal property at a fixed place of business and holds any licenses required by state law or local ordinance for all applicable business activity.

(b) “Scrap metal business” does not include a governmental entity that accepts metal property for recycling.

(13) “Stored value device” means a debit card or other device that draws funds from an account owned or operated by the user and that allows the user to obtain something of value from a merchant.

(14) Intentionally left blank —Ed.

(a) “Transaction” means a sale, purchase, receipt or trade of, or a contract, agreement or pledge to sell, purchase, receive or trade, private metal property or nonferrous metal property that occurs or forms between an individual and a scrap metal business.

(b) “Transaction” does not include:

(A) A transfer of metal property made without consideration; or

(B) A sale, purchase, receipt or trade of, or a contract, agreement or pledge to sell, purchase, receive or trade, private metal property or nonferrous metal property that occurs or forms between:

(i) A commercial seller or an authorized employee or agent of the commercial seller; and

(ii) A scrap metal business or an authorized employee or agent of the scrap metal business. [2009 c.811 §1; 2010 c.56 §1; 2011 c.450 §2; 2015 c.240 §1; 2021 c.412 §2]

Source: Section 165.116 — Definitions for ORS 165.116 to 165.124 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors165.­html (accessed May 26, 2025).
ORS § 167.335 — OR Code / Title 16 / Chapter 167 / Section 167.335
167.335 Exemption from ORS 167.315 to 167.333
Status: in_force

(1) Except as provided in subsection (2) of this section, unless gross negligence can be shown, the provisions of ORS 167.315 (Animal abuse in the second degree) to 167.333 (Sexual assault of an animal) do not apply to:

(a) The treatment of livestock being transported by owner or common carrier;

(b) Animals involved in rodeos or similar exhibitions;

(c) Commercially grown poultry;

(d) Animals subject to good animal husbandry practices;

(e) The killing of livestock according to the provisions of ORS 603.065 (Slaughter methods) ;

(f) Animals subject to good veterinary practices as described in ORS 686.030 (Acts constituting practice of veterinary medicine) ;

(g) Lawful fishing, hunting and trapping activities;

(h) Wildlife management practices under color of law;

(i) Lawful scientific or agricultural research or teaching that involves the use of animals;

(j) Reasonable activities undertaken in connection with the control of vermin or pests; and

(k) Reasonable handling and training techniques.

(2) Subsection (1) of this section does not create an exemption from ORS 167.332 (Prohibition against possession of same genus or domestic animal) . [1985 c.662 §6; 1995 c.663 §4; 2001 c.926 §10a; 2018 c.19 §4]

Source: Section 167.335 — Exemption from ORS 167.315 to 167.333 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors167.­html (accessed May 26, 2025).
ORS § 164.245 — OR Code / Title 16 / Chapter 164 / Section 164.245
164.245 Criminal trespass in the second degree
Status: in_force

(1) A person commits the crime of criminal trespass in the second degree if the person enters or remains unlawfully in a motor vehicle or in or upon premises.

(2) Criminal trespass in the second degree is a Class C misdemeanor. [1971 c.743 §139; 1999 c.1040 §9]

Source: Section 164.245 — Criminal trespass in the second degree , https://www.­oregonlegislature.­gov/bills_laws/ors/ors164.­html (accessed May 26, 2025).
ORS § 165.560 — OR Code / Title 16 / Chapter 165 / Section 165.560
165.560 Application of ORS 165.555
Status: in_force

ORS 165.555 (Unlawful telephone solicitation of contributions for charitable purposes) does not apply to solicitations on behalf of hospitals or of nonprofit organizations organized and operated exclusively for religious, scientific, literary or educational purposes, or for the prevention of cruelty to children or animals. [1973 c.473 §2]

Source: Section 165.560 — Application of ORS 165.555 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors165.­html (accessed May 26, 2025).
ORS § 161.675 — OR Code / Title 16 / Chapter 161 / Section 161.675
161.675 Time and method of payment of fines, restitution and costs
Status: in_force

(1) When a defendant, as a part of a sentence or as condition of probation or suspension of sentence, is required to pay a sum of money for any purpose, the court may order payment to be made immediately or within a specified period of time or in specified installments. If a defendant is sentenced to a term of imprisonment, any part of the sentence that requires the payment of a sum of money for any purpose is enforceable during the period of imprisonment if the court expressly finds that the defendant has assets to pay all or part of the amounts ordered.

(2) When a defendant whose sentence requires the payment of a sum of money for any purpose is also sentenced to probation or imposition or execution of sentence is suspended, the court may make payment of the sum of money a condition of probation or suspension of sentence.

(3) When a defendant is sentenced to probation or imposition or execution of sentence is suspended and the court requires as a part of the sentence or as a condition of the probation or suspension of sentence that the defendant pay a sum of money in installments, the court, or the court clerk or parole and probation officer if so ordered by the court, shall establish a schedule of payments to satisfy the obligation. A schedule of payments shall be reviewed by the court upon motion of the defendant at any time, so long as the obligation remains unsatisfied. [1971 c.743 §81; 1977 c.371 §4; 1985 c.46 §1; 1993 c.14 §19; 1995 c.512 §3; 2005 c.264 §16]

Source: Section 161.675 — Time and method of payment of fines, restitution and costs , https://www.­oregonlegislature.­gov/bills_laws/ors/ors161.­html (accessed May 26, 2025).
ORS § 161.170 — OR Code / Title 16 / Chapter 161 / Section 161.170
161.170 Criminal liability of corporations
Status: in_force

(1) A corporation is guilty of an offense if:

(a) The conduct constituting the offense is engaged in by an agent of the corporation while acting within the scope of employment and in behalf of the corporation and the offense is a misdemeanor or a violation, or the offense is one defined by a statute that clearly indicates a legislative intent to impose criminal liability on a corporation; or

(b) The conduct constituting the offense consists of an omission to discharge a specific duty of affirmative performance imposed on corporations by law; or

(c) The conduct constituting the offense is engaged in, authorized, solicited, requested, commanded or knowingly tolerated by the board of directors or by a high managerial agent acting within the scope of employment and in behalf of the corporation.

(2) As used in this section:

(a) “Agent” means any director, officer or employee of a corporation, or any other person who is authorized to act in behalf of the corporation.

(b) “High managerial agent” means an officer of a corporation who exercises authority with respect to the formulation of corporate policy or the supervision in a managerial capacity of subordinate employees, or any other agent in a position of comparable authority. [1971 c.743 §16]

Source: Section 161.170 — Criminal liability of corporations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors161.­html (accessed May 26, 2025).
ORS § 166.725 — OR Code / Title 16 / Chapter 166 / Section 166.725
166.725 Remedies for violation of ORS 166.720
Status: in_force

(1) Any circuit court may, after making due provision for the rights of innocent persons, enjoin violations of the provisions of ORS 166.720 (Racketeering activity unlawful) (1) to (4) by issuing appropriate orders and judgments, including, but not limited to:

(a) Ordering a divestiture by the defendant of any interest in any enterprise, including real property.

(b) Imposing reasonable restrictions upon the future activities or investments of any defendant, including, but not limited to, prohibiting any defendant from engaging in the same type of endeavor as the enterprise in which the defendant was engaged in violation of the provisions of ORS 166.720 (Racketeering activity unlawful) (1) to (4).

(c) Ordering the dissolution or reorganization of any enterprise.

(d) Ordering the suspension or revocation of a license, permit or prior approval granted to any enterprise by any agency of the state.

(e) Ordering the forfeiture of the charter of a corporation organized under the laws of this state, or the revocation of a certificate of authority authorizing a foreign corporation to conduct business within this state, upon finding that the board of directors or a managerial agent acting on behalf of the corporation, in conducting the affairs of the corporation, has authorized or engaged in conduct in violation of ORS 166.720 (Racketeering activity unlawful) (1) to (4) and that, for the prevention of future criminal activity, the public interest requires the charter of the corporation forfeited and the corporation dissolved or the certificate of authority revoked.

(2) All property, real or personal, including money, used in the course of, derived from or realized through conduct in violation of a provision of ORS 166.715 (Definitions for ORS 166.715 to 166.735) to 166.735 (Short title) is subject to civil forfeiture to the state. The state shall dispose of all forfeited property as soon as commercially feasible. If property is not exercisable or transferable for value by the state, it shall expire. All forfeitures or dispositions under this section shall be made with due provision for the rights of innocent persons. Forfeited property shall be distributed as follows:

(a) Intentionally left blank —Ed.

(A) All moneys and the clear proceeds of all other property forfeited shall be deposited with the State Treasurer to the credit of the Common School Fund.

(B) For purposes of subparagraph (A) of this paragraph, “clear proceeds” means proceeds of forfeited property less costs of maintaining and preserving property pending its sale or other disposition, less costs of sale or disposition and, if the Department of Justice has not otherwise recovered its costs and expenses of the investigation and prosecution leading to the forfeiture, less 30 percent of the remaining proceeds of the property which is awarded to the department as reasonable reimbursement for costs of such investigation and prosecution.

(b) Any amounts awarded to the Department of Justice pursuant to paragraph (a) of this subsection shall be deposited in the Criminal Justice Revolving Account in the State Treasury.

(3) Property subject to forfeiture under this section may be seized by a police officer, as defined in ORS 133.525 (Definitions for ORS 133.525 to 133.703) , upon court process. Seizure without process may be made if:

(a) The seizure is incident to a lawful arrest or search or an inspection under an administrative inspection warrant; or

(b) The property subject to seizure has been the subject of a prior judgment in favor of the state in a forfeiture proceeding based upon this section.

(4) In the event of a seizure under subsection (3) of this section, a forfeiture proceeding shall be instituted promptly. Property taken or detained under this section shall not be subject to replevin, but is deemed to be in the custody of the police officer making the seizure, subject only to the order of the court. When property is seized under this section, pending forfeiture and final disposition, the police officer may:

(a) Place the property under seal;

(b) Remove the property to a place designated by the court; or

(c) Require another agency authorized by law to take custody of the property and remove it to an appropriate location.

(5) The Attorney General, any district attorney or any state agency having jurisdiction over conduct in violation of a provision of ORS 166.715 (Definitions for ORS 166.715 to 166.735) to 166.735 (Short title) may institute civil proceedings under this section. In any action brought under this section, the circuit court shall give priority to the hearing and determination. Pending final determination, the circuit court may at any time enter such injunctions, prohibitions or restraining orders, or take such actions, including the acceptance of satisfactory performance bonds, as the court may deem proper. The Attorney General, district attorney or state agency bringing an action under this section may be awarded, upon entry of a judgment in favor of the state, costs of investigation and litigation, reasonably incurred. Amounts recovered may include costs and expenses of state and local governmental departments and agencies incurred in connection with the investigation or litigation.

(6) Intentionally left blank —Ed.

(a) Any aggrieved person may institute a proceeding under subsection (1) of this section:

(A) If the proceeding is based upon racketeering activity for which a criminal conviction has been obtained, any rights of appeal have expired and the action is against the individual convicted of the racketeering activity; or

(B) If the person is entitled to pursue a cause of action under subsection (7)(a)(B) of this section.

(b) In such proceeding, relief shall be granted in conformity with the principles that govern the granting of injunctive relief from threatened loss or damage in other civil cases, except that no showing of special or irreparable damage to the person shall have to be made. Upon the execution of proper bond against damages for an injunction improvidently granted and a showing of immediate danger of significant loss or damage, a temporary restraining order and a preliminary injunction may be issued in any such action before a final determination on the merits.

(7) Intentionally left blank —Ed.

(a) Any person who is injured by reason of any violation of the provisions of ORS 166.720 (Racketeering activity unlawful) (1) to (4) shall have a cause of action for three-fold the actual damages sustained and, when appropriate, punitive damages:

(A) If a criminal conviction for the racketeering activity that is the basis of the violation has been obtained, any rights of appeal have expired and the action is against the individual convicted of the racketeering activity; or

(B) If the violation is based on racketeering activity as defined in ORS 166.715 (Definitions for ORS 166.715 to 166.735) (6)(a)(B) to (J), (K) as it relates to burglary and criminal trespass, (L) to (P), (S), (T), (U), (V), (X) to (Z), (AA) to (EE), (LL), (MM) or (PP) to (WW).

(b) The defendant or any injured person may demand a trial by jury in any civil action brought pursuant to this subsection.

(c) Any injured person shall have a right or claim to forfeited property or to the proceeds derived therefrom superior to any right or claim the state has in the same property or proceeds.

(8) An investigative agency may bring an action for civil penalties for any violation of ORS 166.720 (Racketeering activity unlawful) (1) to (4). Upon proof of any such violation, the court shall impose a civil penalty of not more than $250,000.

(9) A judgment rendered in favor of the state in any criminal proceeding under ORS 166.715 (Definitions for ORS 166.715 to 166.735) to 166.735 (Short title) shall estop the defendant in any subsequent civil action or proceeding brought by the state or any other person as to all matters as to which such judgment would be an estoppel as between the state and the defendant.

(10) The Attorney General may, upon timely application, intervene in any civil action or proceeding brought under subsection (6) or (7) of this section if the Attorney General certifies that, in the opinion of the Attorney General, the action or proceeding is of general public importance. In such action or proceeding, the state shall be entitled to the same relief as if the Attorney General instituted the action or proceeding.

(11) Intentionally left blank —Ed.

(a) Notwithstanding any other provision of law, a criminal or civil action or proceeding under ORS 166.715 (Definitions for ORS 166.715 to 166.735) to 166.735 (Short title) may be commenced at any time within five years after the conduct in violation of a provision of ORS 166.715 (Definitions for ORS 166.715 to 166.735) to 166.735 (Short title) terminates or the cause of action accrues. If a criminal prosecution or civil action or other proceeding is brought, or intervened in, to punish, prevent or restrain any violation of the provisions of ORS 166.715 (Definitions for ORS 166.715 to 166.735) to 166.735 (Short title) , the running of the period of limitations prescribed by this section with respect to any cause of action arising under subsection (6) or (7) of this section which is based in whole or in part upon any matter complained of in any such prosecution, action or proceeding shall be suspended during the pendency of such prosecution, action or proceeding and for two years following its termination.

(b) A cause of action arising under subsection (6)(a)(A) or (7)(a)(A) of this section accrues when the criminal conviction for the underlying activity is obtained. In addition to any suspension of the running of the period of limitations provided for in paragraph (a) of this subsection, the period of limitations prescribed by paragraph (a) of this subsection is suspended during any appeal from the criminal conviction for the underlying activity.

(12) The application of one civil remedy under any provision of ORS 166.715 (Definitions for ORS 166.715 to 166.735) to 166.735 (Short title) shall not preclude the application of any other remedy, civil or criminal, under ORS 166.715 (Definitions for ORS 166.715 to 166.735) to 166.735 (Short title) or any other provision of law. Civil remedies under ORS 166.715 (Definitions for ORS 166.715 to 166.735) to 166.735 (Short title) are supplemental and not mutually exclusive.

(13) Notwithstanding subsection (6) or (7) of this section, a person may not institute a proceeding under subsection (6) of this section and does not have a cause of action under subsection (7) of this section if the conduct that is the basis of the proceeding or action could also be the basis of a claim of discrimination because of sex that constitutes sexual harassment.

(14) In an action brought under the provisions of this section by a person other than the Attorney General, a district attorney or a state agency, the court may award reasonable attorney fees to the prevailing party. In a civil action brought under the provisions of this section by the Attorney General, a district attorney or a state agency:

(a) The court may award reasonable attorney fees to the Attorney General, district attorney or state agency if the Attorney General, district attorney or state agency prevails in the action; and

(b) The court may award reasonable attorney fees to a defendant who prevails in an action under this section if the court determines that the Attorney General, district attorney or state agency had no objectively reasonable basis for asserting the claim or no reasonable basis for appealing an adverse decision of the trial court. [1981 c.769 §5; 1983 c.715 §2; 1995 c.79 §54; 1995 c.618 §58a; 1995 c.619 §1; 1995 c.696 §17; 1997 c.249 §51; 1997 c.789 §3; 2003 c.576 §390; 2007 c.869 §8; 2017 c.21 §101; 2023 c.216 §4]

Source: Section 166.725 — Remedies for violation of ORS 166.720; time limitation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html (accessed May 26, 2025).
ORS § 164.395 — OR Code / Title 16 / Chapter 164 / Section 164.395
164.395 Robbery in the third degree
Status: in_force

(1) A person commits the crime of robbery in the third degree if in the course of committing or attempting to commit theft or unauthorized use of a vehicle as defined in ORS 164.135 (Unauthorized use of a vehicle) the person uses or threatens the immediate use of physical force upon another person with the intent of:

(a) Preventing or overcoming resistance to the taking of the property or to retention thereof immediately after the taking; or

(b) Compelling the owner of such property or another person to deliver the property or to engage in other conduct which might aid in the commission of the theft or unauthorized use of a vehicle.

(2) Robbery in the third degree is a Class C felony. [1971 c.743 §148; 2003 c.357 §1]

Source: Section 164.395 — Robbery in the third degree , https://www.­oregonlegislature.­gov/bills_laws/ors/ors164.­html (accessed May 26, 2025).
ORS § 165.065 — OR Code / Title 16 / Chapter 165 / Section 165.065
165.065 Negotiating a bad check
Status: in_force

(1) A person commits the crime of negotiating a bad check if the person makes, draws or utters a check or similar sight order for the payment of money, knowing that it will not be honored by the drawee.

(2) For purposes of this section, unless the check or order is postdated, it is prima facie evidence of knowledge that the check or order would not be honored if:

(a) The drawer has no account with the drawee at the time the check or order is drawn or uttered; or

(b) Payment is refused by the drawee for lack of funds, upon presentation within 30 days after the date of utterance, and the drawer fails to make good within 10 days after receiving notice of refusal.

(3) Negotiating a bad check is:

(a) A Class A misdemeanor, except as provided in paragraph (b) of this subsection.

(b) Enhanced from a Class A misdemeanor to a Class C felony if at the time of sentencing it is established beyond a reasonable doubt that the person has been convicted in this state, within the preceding five years, of the crime of negotiating a bad check or of theft by deception by means of a bad check. [1971 c.743 §161; 1979 c.594 §1]

Source: Section 165.065 — Negotiating a bad check , https://www.­oregonlegislature.­gov/bills_laws/ors/ors165.­html (accessed May 26, 2025).
ORS § 161.260 — OR Code / Title 16 / Chapter 161 / Section 161.260
161.260 Use of physical force in resisting arrest prohibited
Status: in_force

A person may not use physical force to resist an arrest by a peace officer who is known or reasonably appears to be a peace officer, whether the arrest is lawful or unlawful. [1971 c.743 §32]

Source: Section 161.260 — Use of physical force in resisting arrest prohibited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors161.­html (accessed May 26, 2025).
ORS § 164.855 — OR Code / Title 16 / Chapter 164 / Section 164.855
164.855 Seizure of trees or special forest products cut or transported in violation of ORS 164.813 or 164.825
Status: in_force

(1) Whenever any peace officer has reasonable cause for believing that a person is cutting or transporting trees or special forest products in violation of ORS 164.813 (Unlawful cutting and transport of special forest products) (2) or (3) or 164.825 (Cutting and transport of coniferous trees without permit or bill of sale) , the peace officer may, at the time of making the arrest or issuing the summons, under ORS 164.845 (Arrest, summons for cutting or transport of trees or special forest products) , seize and take possession of the trees or special forest products. The peace officer shall hold the trees or special forest products subject to the order of the court before which the arrested person is ordered to appear. If the owner of the trees or special forest products appears before the court within 48 hours after the seizure thereof and presents satisfactory evidence of ownership, the court shall order the peace officer to deliver the trees or special forest products to the owner. If the owner does not appear within the 48-hour period and prove ownership of the trees or special forest products, the court may direct the peace officer to sell the trees or special forest products in any manner and for any price that appears to the court to be warranted. If the trees or special forest products have no value, the court may direct the officer to destroy them in any manner practicable. The proceeds of the sale, less the reasonable expenses thereof, shall be paid to the treasurer of the county in which the trees or special forest products are sold. At any time within one year after the seizure of the trees or special forest products the owner thereof may appear before the court, and, upon presentation of satisfactory evidence of ownership, the court shall direct the treasurer of the county to pay the proceeds to the owner. If the owner does not appear within one year from the seizure of the trees or special forest products and prove a right to the proceeds, the proceeds shall thereafter belong to the county, and may be disposed of as the county court may direct.

(2) The return of the trees or special forest products or the payment of the proceeds shall not preclude the court from imposing any fine or penalty for any violation of ORS 164.825 (Cutting and transport of coniferous trees without permit or bill of sale) to 164.855 (Seizure of trees or special forest products cut or transported in violation of ORS 164.813 or 164.825) . [1971 c.743 §298; 1981 c.645 §5; 1993 c.167 §5; 2013 c.276 §5]

Source: Section 164.855 — Seizure of trees or special forest products cut or transported in violation of ORS 164.813 or 164.825 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors164.­html (accessed May 26, 2025).
ORS § 163.445 — OR Code / Title 16 / Chapter 163 / Section 163.445
163.445 Sexual misconduct
Status: in_force

(1) A person commits the crime of sexual misconduct if the person engages in sexual intercourse or oral or anal sexual intercourse with an unmarried person under 18 years of age.

(2) Sexual misconduct is a Class C misdemeanor. [1971 c.743 §118; 2017 c.318 §8]

Source: Section 163.445 — Sexual misconduct , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 161.485 — OR Code / Title 16 / Chapter 161 / Section 161.485
161.485 Multiple convictions barred in inchoate crimes
Status: in_force

(1) It is no defense to a prosecution under ORS 161.405 (“Attempt” described) , 161.435 (Solicitation) or 161.450 (“Criminal conspiracy” described) that the offense the defendant either attempted to commit, solicited to commit or conspired to commit was actually committed pursuant to such attempt, solicitation or conspiracy.

(2) A person shall not be convicted of more than one offense defined by ORS 161.405 (“Attempt” described) , 161.435 (Solicitation) and 161.450 (“Criminal conspiracy” described) for conduct designed to commit or to culminate in commission of the same crime.

(3) A person shall not be convicted on the basis of the same course of conduct of both the actual commission of an offense and an attempt to commit that offense or solicitation of that offense or conspiracy to commit that offense.

(4) Nothing in this section shall be construed to bar inclusion of multiple counts charging violation of the substantive crime and ORS 161.405 (“Attempt” described) , 161.435 (Solicitation) and 161.450 (“Criminal conspiracy” described) in a single indictment or information, provided the penal conviction is consistent with subsections (2) and (3) of this section. [1971 c.743 §64]

Source: Section 161.485 — Multiple convictions barred in inchoate crimes , https://www.­oregonlegislature.­gov/bills_laws/ors/ors161.­html (accessed May 26, 2025).
ORS § 166.330 — OR Code / Title 16 / Chapter 166 / Section 166.330
166.330 Use of firearms with other than incombustible gun wadding
Status: in_force

Any person who uses in any firearms discharged on lands within this state, not owned by the person, anything other than incombustible gun wadding, commits a Class C misdemeanor. [Amended by 2011 c.597 §165]

Source: Section 166.330 — Use of firearms with other than incombustible gun wadding , https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html (accessed May 26, 2025).
ORS § 167.840 — OR Code / Title 16 / Chapter 167 / Section 167.840
167.840 Application of ORS 167.830 limited
Status: in_force

(1) ORS 167.830 (Employment of minors in place of public entertainment) does not apply if:

(a) Alcoholic beverages are not permitted to be dispensed or consumed in the place of public amusement or entertainment open to the individuals attending the public dance;

(b) Alcoholic beverages are not permitted to be dispensed or consumed in any place connected by an entrance to the place of public amusement or entertainment;

(c) Applicable laws, regulations and ordinances for the protection of children under the age of 18 years are observed in the conduct of the dance; and

(d) At least one responsible adult is present at all times during the public dance to see that applicable laws, regulations and ordinances for the protection of children under 18 years of age are observed.

(2) ORS 167.830 (Employment of minors in place of public entertainment) does not apply if the child has the written permission of the judge of the juvenile court, for the county in which the child resides, to conduct or assist in conducting the public dance. The judge of the juvenile court shall grant such permission only if:

(a) The parents or legal guardians of the child have consented to the child’s participation in such activity; and

(b) The judge has found that participation in such activity will not be inconsistent with the health, safety and morals of the child.

(3) This section is not intended to make lawful any activity that is prohibited within a political subdivision of this state by ordinance or other regulation of the political subdivision.

(4) The requirements of this section are in addition to, and not in lieu of, the requirements of ORS 653.315 (Working hours for children under 16 years of age) . [1971 c.743 §293]

Source: Section 167.840 — Application of ORS 167.830 limited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors167.­html (accessed May 26, 2025).
ORS § 165.570 — OR Code / Title 16 / Chapter 165 / Section 165.570
165.570 Improper use of emergency communications system
Status: in_force

(1) A person commits the crime of improper use of the emergency communications system if the person knowingly:

(a) Makes an emergency call or calls the tip line for a purpose other than to report a situation that the person reasonably believes requires prompt service in order to preserve human life or property; or

(b) Allows another person to use communications equipment owned, rented or leased by or under the control of the person to make an emergency call or call the tip line for a purpose other than to report a situation that the other person reasonably believes requires prompt service in order to preserve human life or property.

(2) As used in this section:

(a) “Emergency call” has the meaning given that term in ORS 403.105 (Definitions for ORS 305.823 and 403.105 to 403.250) .

(b) “Emergency communications system” has the meaning given that term in ORS 403.105 (Definitions for ORS 305.823 and 403.105 to 403.250) .

(c) “Tip line” means the statewide tip line established under ORS 339.329 (Statewide tip line to report information concerning threats or potential threats to student safety) .

(3) Improper use of the emergency communications system is a Class A misdemeanor. [1995 c.566 §1; 2001 c.619 §4; 2015 c.247 §29; 2016 c.74 §3]

Source: Section 165.570 — Improper use of emergency communications system , https://www.­oregonlegislature.­gov/bills_laws/ors/ors165.­html (accessed May 26, 2025).
ORS § 161.515 — OR Code / Title 16 / Chapter 161 / Section 161.515
161.515 “Crime” described
Status: in_force

(1) A crime is an offense for which a sentence of imprisonment is authorized.

(2) A crime is either a felony or a misdemeanor. [1971 c.743 §66]

Source: Section 161.515 — “Crime” described , https://www.­oregonlegislature.­gov/bills_laws/ors/ors161.­html (accessed May 26, 2025).
ORS § 167.747 — OR Code / Title 16 / Chapter 167 / Section 167.747
167.747 Definitions for ORS 167.750 to 167.780
Status: in_force

As used in ORS 167.750 (Definition for ORS 167.755 and 431A.175) to 167.780 (Sale or dispensing of tobacco products or inhalant delivery systems by vending machine) :

(1) “Inhalant delivery system” has the meaning given that term in ORS 431A.175 (Definitions) .

(2) “Tobacco products” has the meaning given that term in ORS 431A.175 (Definitions) . [2017 c.701 §1]

Note: 167.747 (Definitions for ORS 167.750 to 167.780) to 167.780 (Sale or dispensing of tobacco products or inhalant delivery systems by vending machine) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 167 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 167.747 — Definitions for ORS 167.750 to 167.780 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors167.­html (accessed May 26, 2025).
ORS § 169.078 — OR Code / Title 16 / Chapter 169 / Section 169.078
169.078 Standards for temporary hold facilities
Status: in_force

Each temporary hold shall:

(1) Provide access to sanitation facilities.

(2) Provide adequate seating.

(3) Maintain supervision of prisoners or detainees when confined. The supervision may include the use of electronic monitoring equipment when approved by the Department of Corrections and the governing body of the jurisdiction in which the facility is located.

(4) Prohibit firearms from the secure area except in times of emergency.

(5) Keep the facility safe and secure in accordance with the State of Oregon Structural Specialty Code and Fire and Life Safety Code. [1979 c.487 §8 (enacted in lieu of 169.075); 1987 c.320 §94; 2013 c.63 §4]

Source: Section 169.078 — Standards for temporary hold facilities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors169.­html (accessed May 26, 2025).
ORS § 167.376 — OR Code / Title 16 / Chapter 167 / Section 167.376
167.376 Standards of care applicable to dog breeders
Status: in_force

(1) As used in this section:

(a) “Boarding kennel” means a facility that provides care for a fee to dogs that stay at the facility an average of less than 30 days.

(b) “Dog” means a member of the subspecies Canis lupus familiaris or a hybrid of that subspecies.

(c) “Litter” means one or more dogs, sold individually or together, that are all or part of a group of dogs born to the same mother at the same time.

(d) “Regular exercise” means the removal of the dog from the dog’s primary enclosure and:

(A) Walking the dog on a leash;

(B) Allowing the dog to move about freely within a building or an outdoor space at least one hour per day; or

(C) Allowing the dog to walk on a treadmill, jenny mill, slat mill or similar device, if use of the device is prescribed for the dog by a veterinarian to accommodate a specific medical condition.

(2) A person that possesses, controls or otherwise has charge of at the same time 10 or more sexually intact dogs that are eight months of age or older shall, in addition to providing minimum care as defined in ORS 167.310 (Definitions for ORS 167.310 to 167.351) :

(a) Provide each dog with sufficient space to turn about freely, stand and sit and to lie down without the head, face, tail, legs or feet of the dog touching the sides of the enclosure or touching any other dog.

(b) Provide each dog with an enclosure that:

(A) Has a solid floor without slats or gaps;

(B) Is six inches higher than the head of the tallest dog in that enclosure when the tallest dog is in a normal standing position;

(C) If elevated above the floor of a room, is placed so that the floor of the enclosure is no more than 42 inches above the floor of the room; and

(D) Is not stacked or otherwise placed above or below any other dog enclosure.

(c) Provide each dog that is more than four months of age with at least one hour of regular exercise each day, unless a veterinarian has certified that the dog is medically precluded from exercise.

(d) Remove waste and contaminants from the enclosure at least once each day.

(e) Remove the dog from the enclosure when cleaning the enclosure of waste and contaminants.

(f) Maintain a record for each sexually intact dog that is eight months of age or older that identifies:

(A) The date of birth for the dog or, if the date of birth is unknown, the date on which the person acquired possession, control or charge of the dog and the source of the dog;

(B) Any veterinary care provided for the dog; and

(C) The disposition the person makes of each dog possessed by, controlled by or in the charge of the person, including the date of disposition, manner of disposition and the name and address information for any person taking possession, control or charge of a dog.

(3) A person shall retain a record required under subsection (2) of this section for a period of three years following the death of the dog or a date on which the person permanently ceased to have possession, control or charge of the dog.

(4) Subsections (2) and (3) of this section do not apply to:

(a) An animal control agency, humane society or animal shelter;

(b) A person who provides care for dogs at the request of a unit of government, government agency, humane society or animal shelter;

(c) A veterinary facility;

(d) A person that is transporting dogs; or

(e) A boarding kennel.

(5) A violation of this section is a Class B misdemeanor. [2009 c.297 §2]

Source: Section 167.376 — Standards of care applicable to dog breeders; records; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors167.­html (accessed May 26, 2025).
ORS § 161.160 — OR Code / Title 16 / Chapter 161 / Section 161.160
161.160 Exclusion of defenses to criminal liability for conduct of another
Status: in_force

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

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

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

Source: Section 161.160 — Exclusion of defenses to criminal liability for conduct of another , https://www.­oregonlegislature.­gov/bills_laws/ors/ors161.­html (accessed May 26, 2025).
ORS § 161.085 — OR Code / Title 16 / Chapter 161 / Section 161.085
161.085 Definitions with respect to culpability
Status: in_force

As used in chapter 743, Oregon Laws 1971, and ORS 166.635 (Discharging weapon or throwing objects at trains) , unless the context requires otherwise:

(1) “Act” means a bodily movement.

(2) “Voluntary act” means a bodily movement performed consciously and includes the conscious possession or control of property.

(3) “Omission” means a failure to perform an act the performance of which is required by law.

(4) “Conduct” means an act or omission and its accompanying mental state.

(5) “To act” means either to perform an act or to omit to perform an act.

(6) “Culpable mental state” means intentionally, knowingly, recklessly or with criminal negligence as these terms are defined in subsections (7), (8), (9) and (10) of this section.

(7) “Intentionally” or “with intent,” when used with respect to a result or to conduct described by a statute defining an offense, means that a person acts with a conscious objective to cause the result or to engage in the conduct so described.

(8) “Knowingly” or “with knowledge,” when used with respect to conduct or to a circumstance described by a statute defining an offense, means that a person acts with an awareness that the conduct of the person is of a nature so described or that a circumstance so described exists.

(9) “Recklessly,” when used with respect to a result or to a circumstance described by a statute defining an offense, means that a person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that disregard thereof constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.

(10) “Criminal negligence” or “criminally negligent,” when used with respect to a result or to a circumstance described by a statute defining an offense, means that a person fails to be aware of a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that the failure to be aware of it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation. [1971 c.743 §7; 1973 c.139 §2]

Note: See note under 161.015 (General definitions) .

Source: Section 161.085 — Definitions with respect to culpability , https://www.­oregonlegislature.­gov/bills_laws/ors/ors161.­html (accessed May 26, 2025).
ORS § 162.425 — OR Code / Title 16 / Chapter 162 / Section 162.425
162.425 Misuse of confidential information
Status: in_force

(1) A public servant commits the crime of misuse of confidential information if in contemplation of official action by the public servant or by a governmental unit with which the public servant is associated, or in reliance on information to which the public servant has access in an official capacity and which has not been made public, the public servant acquires or aids another in acquiring a pecuniary interest in any property, transaction or enterprise which may be affected by such information or official action.

(2) Misuse of confidential information is a Class B misdemeanor. [1971 c.743 §216]

Source: Section 162.425 — Misuse of confidential information , https://www.­oregonlegislature.­gov/bills_laws/ors/ors162.­html (accessed May 26, 2025).
ORS § 165.114 — OR Code / Title 16 / Chapter 165 / Section 165.114
165.114 Sale of educational assignments
Status: in_force

(1) No person shall sell or offer to sell an assignment to another person knowing, or under the circumstances having reason to know, that the whole or a substantial part of the assignment is intended to be submitted under a student’s name in fulfillment of the requirements for a degree, diploma, certificate or course of study at any post-secondary institution.

(2) No person shall sell or offer to sell to another person any assistance in the preparation of an assignment knowing, or under the circumstances having reason to know, that the whole or a substantial part of the assignment is intended to be submitted under a student’s name in fulfillment of the requirements for a degree, diploma, certificate or course of study at any post-secondary institution.

(3) Nothing in this section prohibits a person from rendering for a monetary fee:

(a) Tutorial assistance if the assistance is not intended to be submitted in whole or in substantial part as an assignment; or

(b) Service in the form of typing, transcribing, assembling, reproducing or editing an assignment if this service is not intended to make substantive changes in the assignment.

(4) A person who violates any provision of this section commits a Class A violation.

(5) A person against whom a judgment has been entered under subsection (4) of this section shall, upon conviction for any subsequent violation of this section, be subject to a fine of not more than $10,000.

(6) In addition to any fine imposed under subsections (4) and (5) of this section, a court of competent jurisdiction may grant such further relief as is necessary to enforce the provisions of this section, including the issuance of an injunction. A suit for injunction under subsections (1) to (6) of this section may be brought in the name of the State of Oregon upon the complaint of the Attorney General or any district attorney.

(7) As used in subsections (1) to (6) of this section unless the context requires otherwise:

(a) “Assignment” means any specific written, recorded, pictorial, artistic or other academic task, including but not limited to a term paper, thesis, dissertation, essay or report, intended for submission to any post-secondary institution in fulfillment of the requirements for a degree, diploma, certificate or course of study at any such institution.

(b) “Person” means any individual, partnership, corporation or association.

(c) “Post-secondary institution” means any public or private post-secondary educational institution. [1981 c.673 §§1,2; 1999 c.1051 §158]

Source: Section 165.114 — Sale of educational assignments , https://www.­oregonlegislature.­gov/bills_laws/ors/ors165.­html (accessed May 26, 2025).
ORS § 167.431 — OR Code / Title 16 / Chapter 167 / Section 167.431
167.431 Participation in cockfighting
Status: in_force

(1) A person commits the crime of participation in cockfighting if the person knowingly:

(a) Attends a cockfight or pays admission at any location to view or bet on a cockfight; or

(b) Manufactures, buys, sells, barters, exchanges, possesses, advertises or otherwise offers to sell a gaff, slasher or other sharp implement designed for attachment to a fighting bird, or other equipment, with the intent that the gaff, slasher, implement or equipment be used in training or handling a fighting bird or for enhancing the fighting ability of a fighting bird.

(2) Participation in cockfighting is a Class C felony. [2003 c.484 §3; 2009 c.796 §1; 2018 c.19 §2]

Note: See note under 167.426 (Definitions for ORS 167.426 to 167.439) .

Source: Section 167.431 — Participation in cockfighting , https://www.­oregonlegislature.­gov/bills_laws/ors/ors167.­html (accessed May 26, 2025).
ORS § 162.095 — OR Code / Title 16 / Chapter 162 / Section 162.095
162.095 Defenses to perjury and false swearing limited
Status: in_force

It is no defense to a prosecution for perjury or false swearing that:

(1) The statement was inadmissible under the rules of evidence; or

(2) The oath or affirmation was taken or administered in an irregular manner; or

(3) The defendant mistakenly believed the false statement to be immaterial. [1971 c.743 §186]

Source: Section 162.095 — Defenses to perjury and false swearing limited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors162.­html (accessed May 26, 2025).
ORS § 165.815 — OR Code / Title 16 / Chapter 165 / Section 165.815
165.815 Criminal impersonation
Status: in_force

(1) A person commits the crime of criminal impersonation if:

(a) The person, with the intent to injure an individual, intentionally impersonates the individual in a communication to a third person without the individual’s consent;

(b) The person acts with the intent to deceive the third person into believing that the third person is communicating with the individual;

(c) A reasonable person in the circumstances of the third person would believe that the third person is communicating with the individual; and

(d) The impersonation causes injury to the individual.

(2) Criminal impersonation is a Class A misdemeanor.

(3) As used in this section:

(a) “Impersonate” means to use an actual individual’s name or likeness to create a representation of the individual that another person would reasonably believe was or is the actual individual being impersonated.

(b) “Injure” means to intimidate, threaten, harass or physically harm. [2016 c.22 §1]

Source: Section 165.815 — Criminal impersonation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors165.­html (accessed May 26, 2025).
ORS § 163a.020 — OR Code / Title 16 / Chapter 163a / Section 163a.020
163A.020 Reporting by sex offender upon moving into state
Status: in_force

(1) Intentionally left blank —Ed.

(a) When a person described in subsection (6) of this section moves into this state and is not otherwise required by 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.025 (Reporting by sex offender adjudicated in juvenile court) to report, the person shall report, in person, to the Department of State Police, a city police department or a county sheriff’s office, in the county of the person’s residence:

(A) No later than 10 days after moving into this state;

(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.

(2) Intentionally left blank —Ed.

(a) When a person described in ORS 163A.010 (Reporting by sex offender discharged, paroled or released from correctional facility or another United States jurisdiction) (2) or 163A.015 (Reporting by sex offender discharged, released or placed on probation by court or another United States jurisdiction) (2) or subsection (6) of this section attends school or works in this state, resides in another state and is not otherwise required by 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.025 (Reporting by sex offender adjudicated in juvenile court) to report, the person shall report, in person, to the Department of State Police, a city police department or a county sheriff’s office, in the county in which the school or place of work is located, no later than 10 days after:

(A) The first day of school attendance or the 14th day of employment in this state;

(B) A change in school enrollment or employment; and

(C) A legal change of name.

(b) As used in this subsection, “attends school” means enrollment in any type of school on a full-time or part-time basis.

(3) Intentionally left blank —Ed.

(a) When a person described in subsection (6) of this section resides in this state at the time of the conviction or adjudication giving rise to the obligation to report, continues to reside in this state following the conviction or adjudication and is not otherwise required by 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.025 (Reporting by sex offender adjudicated in juvenile court) to report, the person shall report, in person, to the Department of State Police, a city police department or a county sheriff’s office, in the county of the person’s residence:

(A) Within 10 days following:

(i) Discharge, release on parole or release on any form of supervised or conditional release, from a jail, prison or other correctional facility or detention facility; or

(ii) Discharge, release or placement on probation, by another United States court;

(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 has 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 applicable 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.

(4) When a person reports under this section, the agency to which the person reports shall complete a sex offender registration form concerning the person.

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

(6) Subsections (1) to (5) of this section apply to a person 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, or as required under federal law, regardless of whether the crime would constitute a sex crime in this state.

(7) 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, each time the person reports annually under subsection (1)(a)(D) or (3)(a)(D) of this section and each time the person reports under subsection (2)(a)(B) of 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 181.808; 2019 c.430 §13]

Source: Section 163A.020 — Reporting by sex offender upon moving into state; reporting by certain nonresidents and certain residents , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163A.­html (accessed May 26, 2025).
ORS § 163.175 — OR Code / Title 16 / Chapter 163 / Section 163.175
163.175 Assault in the second degree
Status: in_force

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

(a) Intentionally or knowingly causes serious physical injury to another;

(b) Intentionally or knowingly causes physical injury to another by means of a deadly or dangerous weapon; or

(c) Recklessly causes serious physical injury to another by means of a deadly or dangerous weapon under circumstances manifesting extreme indifference to the value of human life.

(2) Assault in the second degree is a Class B felony. [1971 c.743 §93; 1975 c.626 §1; 1977 c.297 §2; 2005 c.22 §110]

Source: Section 163.175 — Assault in the second degree , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 161.570 — OR Code / Title 16 / Chapter 161 / Section 161.570
161.570 Felony treated as misdemeanor
Status: in_force

(1) As used in this section, “nonperson felony” has the meaning given that term in the rules of the Oregon Criminal Justice Commission.

(2) A district attorney may elect to treat a Class C nonperson felony or a violation of ORS 475.752 (Prohibited acts generally) (7)(b), 475.854 (Unlawful possession of heroin) (2)(c) or 475.874 (Unlawful possession of 3,4-methylenedioxymethamphetamine) (2)(c) as a Class A misdemeanor. The election must be made by the district attorney orally or in writing at the time of the first appearance of the defendant. If a district attorney elects to treat a Class C felony or a violation of ORS 475.752 (Prohibited acts generally) (7)(b), 475.854 (Unlawful possession of heroin) (2)(c) or 475.874 (Unlawful possession of 3,4-methylenedioxymethamphetamine) (2)(c) as a Class A misdemeanor under this subsection, the court shall amend the accusatory instrument to reflect the charged offense as a Class A misdemeanor.

(3) If, at some time after the first appearance of a defendant charged with a Class C nonperson felony or a violation of ORS 475.752 (Prohibited acts generally) (7)(b), 475.854 (Unlawful possession of heroin) (2)(c) or 475.874 (Unlawful possession of 3,4-methylenedioxymethamphetamine) (2)(c), the district attorney and the defendant agree to treat the charged offense as a Class A misdemeanor, the court may allow the offense to be treated as a Class A misdemeanor by stipulation of the parties.

(4) If a Class C felony or a violation of ORS 475.752 (Prohibited acts generally) (7)(b), 475.854 (Unlawful possession of heroin) (2)(c) or 475.874 (Unlawful possession of 3,4-methylenedioxymethamphetamine) (2)(c) is treated as a Class A misdemeanor under this section, the court shall clearly denominate the offense as a Class A misdemeanor in any judgment entered in the matter.

(5) If no election or stipulation is made under this section, the case proceeds as a felony.

(6) Before a district attorney may make an election under subsection (2) of this section, the district attorney shall adopt written guidelines for determining when and under what circumstances the election may be made. The district attorney shall apply the guidelines uniformly.

(7) Notwithstanding ORS 161.635 (Fines for misdemeanors) , the fine that a court may impose upon conviction of a misdemeanor under this section may not:

(a) Be less than the minimum fine established by ORS 137.286 (Minimum fines for misdemeanors and felonies) for a felony; or

(b) Exceed the amount provided in ORS 161.625 (Fines for felonies) for the class of felony receiving Class A misdemeanor treatment. [2003 c.645 §2; 2005 c.708 §47; 2007 c.286 §1; 2011 c.597 §18; 2013 c.591 §4; 2017 c.706 §25; 2021 c.591 §43]

Source: Section 161.570 — Felony treated as misdemeanor , https://www.­oregonlegislature.­gov/bills_laws/ors/ors161.­html (accessed May 26, 2025).
ORS § 166.384 — OR Code / Title 16 / Chapter 166 / Section 166.384
166.384 Unlawful manufacture of destructive device
Status: in_force

(1) A person commits the crime of unlawful manufacture of a destructive device if the person assembles, produces or otherwise manufactures:

(a) A destructive device, as defined in ORS 166.382 (Possession of destructive device prohibited) ; or

(b) A pyrotechnic device containing two or more grains of pyrotechnic charge in violation of chapter 10, Title 18 of the United States Code.

(2) Unlawful manufacture of a destructive device is a Class C felony. [1989 c.982 §2]

Source: Section 166.384 — Unlawful manufacture of destructive device , https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html (accessed May 26, 2025).
ORS § 165.657 — OR Code / Title 16 / Chapter 165 / Section 165.657
165.657 Definitions for ORS 165.659 to 165.669
Status: in_force

As used in ORS 165.659 (General prohibition) to 165.669 (Duties imposed upon certain persons upon service of order authorizing installation of pen register or trap and trace device) , unless the context requires otherwise:

(1) “Electronic communication” has the meaning given in ORS 133.721 (Definitions for ORS 41.910 and 133.721 to 133.739) .

(2) “Pen register” means a device which records or decodes electronic or other impulses which identify the numbers dialed or otherwise transmitted on the telephone line to which such device is attached, but does not include any device used by a provider or customer of a provider of electronic or wire communication service for billing or recording as an incident to billing for communications services provided by such provider or any device used by a provider or customer of a wire communication service for cost accounting or other like purposes in the ordinary course of its business.

(3) “Police officer” has the meaning given in ORS 133.525 (Definitions for ORS 133.525 to 133.703) .

(4) “Trap and trace device” means a device which captures the incoming electronic or other impulses which identify the originating number of an instrument or device from which a wire or electronic communication was transmitted.

(5) “Wire communication” has the meaning given in ORS 133.721 (Definitions for ORS 41.910 and 133.721 to 133.739) . [1989 c.983 §15]

Source: Section 165.657 — Definitions for ORS 165.659 to 165.669 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors165.­html (accessed May 26, 2025).
ORS § 163.196 — OR Code / Title 16 / Chapter 163 / Section 163.196
163.196 Aggravated driving while suspended or revoked
Status: in_force

(1) A person commits the crime of aggravated driving while suspended or revoked if the person operates a motor vehicle that causes serious physical injury to, or the death of, another person while knowingly violating ORS 811.175 (Violation driving while suspended or revoked) or 811.182 (Criminal driving while suspended or revoked) , if the suspension or revocation resulted from, or if the hardship permit violated is based upon a suspension or revocation that resulted from, a conviction for a criminal offense involving the use of a motor vehicle.

(2) Aggravated driving while suspended or revoked is a Class C felony.

(3) The Oregon Criminal Justice Commission shall classify aggravated driving while suspended or revoked as crime category 7 of the sentencing guidelines grid of the commission. [2009 c.783 §5; 2018 c.76 §3]

Note: 163.196 (Aggravated driving while suspended or revoked) was added to and made a part of ORS chapter 163 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 163.196 — Aggravated driving while suspended or revoked , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 167.428 — OR Code / Title 16 / Chapter 167 / Section 167.428
167.428 Cockfighting
Status: in_force

(1) A person commits the crime of cockfighting if the person knowingly:

(a) Owns, possesses, keeps, rears, trains, buys, sells or advertises or otherwise offers to sell a fighting bird.

(b) Promotes or participates in, or performs services in furtherance of, the conducting of a cockfight. As used in this paragraph, “services in furtherance” includes, but is not limited to, transporting spectators to a cockfight, handling fighting birds, organizing, advertising or refereeing a cockfight and providing, or acting as stakeholder for, money wagered on a cockfight.

(c) Keeps, uses or manages, or accepts payment of admission to, a place for the conducting of a cockfight.

(d) Suffers or permits a place in the possession or control of the person to be occupied, kept or used for the conducting of a cockfight.

(2) Subsection (1)(a) of this section does not apply to the owning, possessing, keeping, rearing, buying, selling, advertising or otherwise offering for sale of a bird for purposes other than training the bird as a fighting bird, using or intending to use the bird in cockfighting or supplying the bird knowing that the bird is intended to be used in cockfighting.

(3) Cockfighting is a Class C felony. [2003 c.484 §2; 2018 c.19 §1]

Note: See note under 167.426 (Definitions for ORS 167.426 to 167.439) .

Source: Section 167.428 — Cockfighting , https://www.­oregonlegislature.­gov/bills_laws/ors/ors167.­html (accessed May 26, 2025).
ORS § 163.115 — OR Code / Title 16 / Chapter 163 / Section 163.115
163.115 Murder in the second degree
Status: in_force

(1) Except as provided in ORS 163.095 (“Aggravated murder” defined) , 163.118 (Manslaughter in the first degree) and 163.125 (Manslaughter in the second degree) , criminal homicide constitutes murder in the second degree:

(a) When it is committed intentionally, except that it is an affirmative defense that, at the time of the homicide, the defendant was under the influence of an extreme emotional disturbance;

(b) When it is committed by a person, acting either alone or with one or more persons, who commits or attempts to commit any of the following crimes and in the course of and in furtherance of the crime the person is committing or attempting to commit, or during the immediate flight therefrom, the person, or another participant if there be any, causes the death of a person other than one of the participants:

(A) Arson in the first degree as defined in ORS 164.325 (Arson in the first degree) ;

(B) Criminal mischief in the first degree by means of an explosive as defined in ORS 164.365 (Criminal mischief in the first degree) ;

(C) Burglary in the first degree as defined in ORS 164.225 (Burglary in the first degree) ;

(D) Escape in the first degree as defined in ORS 162.165 (Escape in the first degree) ;

(E) Kidnapping in the second degree as defined in ORS 163.225 (Kidnapping in the second degree) ;

(F) Kidnapping in the first degree as defined in ORS 163.235 (Kidnapping in the first degree) ;

(G) Robbery in the first degree as defined in ORS 164.415 (Robbery in the first degree) ;

(H) Any felony sexual offense in the first degree defined in this chapter;

(I) Compelling prostitution as defined in ORS 167.017 (Compelling prostitution) ; or

(J) Assault in the first degree, as defined in ORS 163.185 (Assault in the first degree) , and the victim is under 14 years of age, or assault in the second degree, as defined in ORS 163.175 (Assault in the second degree) (1)(a) or (b), and the victim is under 14 years of age; or

(c) By abuse when a person, recklessly under circumstances manifesting extreme indifference to the value of human life, causes the death of a child under 14 years of age or a dependent person, as defined in ORS 163.205 (Criminal mistreatment in the first degree) , and:

(A) The person has previously engaged in a pattern or practice of assault or torture of the victim or another child under 14 years of age or a dependent person; or

(B) The person causes the death by neglect or maltreatment.

(2) An accusatory instrument alleging murder by abuse under subsection (1)(c) of this section need not allege specific incidents of assault or torture.

(3) It is an affirmative defense to a charge of violating subsection (1)(b) of this section that the defendant:

(a) Was not the only participant in the underlying crime;

(b) Did not commit the homicidal act or in any way solicit, request, command, importune, cause or aid in the commission thereof;

(c) Was not armed with a dangerous or deadly weapon;

(d) Had no reasonable ground to believe that any other participant was armed with a dangerous or deadly weapon; and

(e) Had no reasonable ground to believe that any other participant intended to engage in conduct likely to result in death.

(4) It is an affirmative defense to a charge of violating subsection (1)(c)(B) of this section that the victim was a dependent person who was at least 18 years of age and was under care or treatment solely by spiritual means pursuant to the religious beliefs or practices of the dependent person or the guardian of the dependent person.

(5) Except as otherwise provided in ORS 144.397 (Release eligibility for juvenile offenders after 15 years of imprisonment) and 163.155 (Sentencing for murder of pregnant victim) :

(a) A person convicted of murder in the second degree, who was at least 15 years of age at the time of committing the murder, shall be punished by imprisonment for life.

(b) When a defendant is convicted of murder in the second degree under this section, the court shall order that the defendant shall be confined for a minimum of 25 years without possibility of parole, release to post-prison supervision, release on work release or any form of temporary leave or employment at a forest or work camp.

(c) At any time after completion of a minimum period of confinement pursuant to paragraph (b) of this subsection, the State Board of Parole and Post-Prison Supervision, upon the petition of a prisoner so confined, shall hold a hearing to determine if the prisoner is likely to be rehabilitated within a reasonable period of time. The sole issue is whether the prisoner is likely to be rehabilitated within a reasonable period of time. At the hearing the prisoner has:

(A) The burden of proving by a preponderance of the evidence the likelihood of rehabilitation within a reasonable period of time;

(B) The right, if the prisoner is without sufficient funds to employ an attorney, to be represented by legal counsel, appointed by the board, at board expense; and

(C) The right to a subpoena upon a showing of the general relevance and reasonable scope of the evidence sought, provided that any subpoena issued on behalf of the prisoner must be issued by the State Board of Parole and Post-Prison Supervision pursuant to rules adopted by the board.

(d) If, upon hearing all of the evidence, the board, upon a unanimous vote of three board members or, if the chairperson requires all voting members to participate, a unanimous vote of all voting members, finds that the prisoner is capable of rehabilitation and that the terms of the prisoner’s confinement should be changed to life imprisonment with the possibility of parole, release to post-prison supervision or work release, it shall enter an order to that effect and the order shall convert the terms of the prisoner’s confinement to life imprisonment with the possibility of parole, release to post-prison supervision or work release and may set a release date. Otherwise, the board shall deny the relief sought in the petition.

(e) If the board denies the relief sought in the petition, the board shall determine the date of the subsequent hearing, and the prisoner may petition for an interim hearing, in accordance with ORS 144.285 (Hearing after petition for change in terms of confinement denied to prisoner convicted of aggravated murder or murder) .

(f) The board’s final order shall be accompanied by findings of fact and conclusions of law. The findings of fact shall consist of a concise statement of the underlying facts supporting the findings as to each contested issue of fact and as to each ultimate fact required to support the board’s order.

(6) As used in this section:

(a) “Assault” means the intentional, knowing or reckless causation of physical injury to another person. “Assault” does not include the causation of physical injury in a motor vehicle accident that occurs by reason of the reckless conduct of a defendant.

(b) “Neglect or maltreatment” means a violation of ORS 163.535 (Abandonment of a child) , 163.545 (Child neglect in the second degree) or 163.547 (Child neglect in the first degree) or a failure to provide adequate food, clothing, shelter or medical care that is likely to endanger the health or welfare of a child under 14 years of age or a dependent person. This paragraph is not intended to replace or affect the duty or standard of care required under ORS chapter 677.

(c) “Pattern or practice” means one or more previous episodes.

(d) “Torture” means the intentional infliction of intense physical pain upon an unwilling victim as a separate objective apart from any other purpose. [1971 c.743 §88; 1975 c.577 §1; 1979 c.2 §1; 1981 c.873 §5; 1985 c.763 §1; 1989 c.985 §1; 1993 c.664 §1; 1995 c.421 §3; 1995 c.657 §1; 1997 c.850 §2; 1999 c.782 §4; 2007 c.717 §2; 2009 c.660 §7; 2009 c.785 §1; 2011 c.291 §1; 2015 c.820 §46; 2019 c.634 §28; 2019 c.635 §4]

Source: Section 163.115 — Murder in the second degree; affirmative defense to certain felony murders; sentence of life imprisonment required; minimum term , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).