ORS § 166.291 — OR Code / Title 16 / Chapter 166 / Section 166.291
166.291 Issuance of concealed handgun license
Status: in_force

(1) The sheriff of a county, upon a person’s application for an Oregon concealed handgun license, upon receipt of the appropriate fees and after compliance with the procedures set out in this section, shall issue the person a concealed handgun license if the person:

(a) Intentionally left blank —Ed.

(A) Is a citizen of the United States; or

(B) Is a legal resident noncitizen who can document continuous residency in the county for at least six months and has declared in writing to the United States Citizenship and Immigration Services the intent to acquire citizenship status and can present proof of the written declaration to the sheriff at the time of application for the license;

(b) Is at least 21 years of age;

(c) Is a resident of the county;

(d) Has no outstanding warrants for arrest;

(e) Is not free on any form of pretrial release;

(f) Demonstrates competence with a handgun by any one of the following:

(A) Completion of any hunter education or hunter safety course approved by the State Department of Fish and Wildlife or a similar agency of another state if handgun safety was a component of the course;

(B) Completion of any National Rifle Association firearms safety or training course if handgun safety was a component of the course;

(C) Completion of any firearms safety or training course or class available to the general public offered by law enforcement, community college, or private or public institution or organization or firearms training school utilizing instructors certified by the National Rifle Association or a law enforcement agency if handgun safety was a component of the course;

(D) Completion of any law enforcement firearms safety or training course or class offered for security guards, investigators, reserve law enforcement officers or any other law enforcement officers if handgun safety was a component of the course;

(E) Presents evidence of equivalent experience with a handgun through participation in organized shooting competition or military service;

(F) Is licensed or has been licensed to carry a firearm in this state, unless the license has been revoked; or

(G) Completion of any firearms training or safety course or class conducted by a firearms instructor certified by a law enforcement agency or the National Rifle Association if handgun safety was a component of the course;

(g) Has never been convicted of a felony or found guilty, except for insanity under ORS 161.295 (Effect of qualifying mental disorder) , of a felony;

(h) Has not been convicted of a misdemeanor or found guilty, except for insanity under ORS 161.295 (Effect of qualifying mental disorder) , of a misdemeanor within the four years prior to the application, including a misdemeanor conviction for the possession of marijuana as described in paragraph (L) of this subsection;

(i) Has not been committed to the Oregon Health Authority under ORS 426.130 (Court determination of mental illness) ;

(j) Has not been found to be a person with mental illness and is not subject to an order under ORS 426.130 (Court determination of mental illness) that the person be prohibited from purchasing or possessing a firearm as a result of that mental illness;

(k) Has been discharged from the jurisdiction of the juvenile court for more than four years if, while a minor, the person was found to be within the jurisdiction of the juvenile court for having committed an act that, if committed by an adult, would constitute a felony or a misdemeanor involving violence, as defined in ORS 166.470 (Limitations and conditions for sales of firearms) ;

(L) Has not been convicted of an offense involving controlled substances or participated in a court-supervised drug diversion program, except this disability does not operate to exclude a person if:

(A) The person can demonstrate that the person has been convicted only once of a marijuana possession offense that constituted a misdemeanor or violation under the law of the jurisdiction of the offense, and has not completed a drug diversion program for a marijuana possession offense that constituted a misdemeanor or violation under the law of the jurisdiction of the offense; or

(B) The person can demonstrate that the person has only once completed a drug diversion program for a marijuana possession offense that constituted a misdemeanor or violation under the law of the jurisdiction of the offense, and has not been convicted of a marijuana possession offense that constituted a misdemeanor or violation under the law of the jurisdiction of the offense;

(m) Is not subject to a citation issued under ORS 163.735 (Citation) or an order issued under ORS 30.866 (Action for issuance or violation of stalking protective order) , 107.700 (Short title) to 107.735 (Duties of State Court Administrator) or 163.738 (Effect of citation) ;

(n) Has not received a dishonorable discharge from the Armed Forces of the United States;

(o) Is not required to register as a sex offender in any state; and

(p) Is not presently subject to an order under ORS 426.133 (Assisted outpatient treatment) prohibiting the person from purchasing or possessing a firearm.

(2) A person who has been granted relief under ORS 166.273 (Relief from firearm prohibitions related to mental health) , 166.274 (Relief from prohibition against possessing or receiving firearm) or 166.293 (Denial or revocation of license) or 18 U.S.C. 925(c) or has had the person’s record expunged under the laws of this state or equivalent laws of other jurisdictions is not subject to the disabilities in subsection (1)(g) to (L) of this section.

(3) Before the sheriff may issue a license:

(a) The application must state the applicant’s legal name, current address and telephone number, date and place of birth, hair and eye color and height and weight. The application must also list the applicant’s residence address or addresses for the previous three years. The application must contain a statement by the applicant that the applicant meets the requirements of subsection (1) of this section. The application may include the Social Security number of the applicant if the applicant voluntarily provides this number. The application must be signed by the applicant.

(b) The applicant must submit to fingerprinting and photographing by the sheriff. The sheriff shall fingerprint and photograph the applicant and shall conduct any investigation necessary to corroborate the requirements listed under subsection (1) of this section. If a nationwide criminal records check is necessary, the sheriff shall request the Department of State Police to conduct the check, including fingerprint identification, through the Federal Bureau of Investigation. The Federal Bureau of Investigation shall return the fingerprint cards used to conduct the criminal records check and may not keep any record of the fingerprints. The Department of State Police shall report the results of the fingerprint-based criminal records check to the sheriff. The Department of State Police shall also furnish the sheriff with any information about the applicant that the Department of State Police may have in its possession including, but not limited to, manual or computerized criminal offender information.

(4) Application forms for concealed handgun licenses shall be supplied by the sheriff upon request. The forms shall be uniform throughout this state in substantially the following form:

Date________

I hereby declare as follows:

I am a citizen of the United States or a legal resident noncitizen who can document continuous residency in the county for at least six months and have declared in writing to the United States Citizenship and Immigration Services my intention to become a citizen and can present proof of the written declaration to the sheriff at the time of this application. I am at least 21 years of age. I have been discharged from the jurisdiction of the juvenile court for more than four years if, while a minor, I was found to be within the jurisdiction of the juvenile court for having committed an act that, if committed by an adult, would constitute a felony or a misdemeanor involving violence, as defined in ORS 166.470 (Limitations and conditions for sales of firearms) . I have never been convicted of a felony or found guilty, except for insanity under ORS 161.295 (Effect of qualifying mental disorder) , of a felony in the State of Oregon or elsewhere. I have not, within the last four years, been convicted of a misdemeanor or found guilty, except for insanity under ORS 161.295 (Effect of qualifying mental disorder) , of a misdemeanor. Except as provided in ORS 166.291 (Issuance of concealed handgun license) (1)(L), I have not been convicted of an offense involving controlled substances or completed a court-supervised drug diversion program. There are no outstanding warrants for my arrest and I am not free on any form of pretrial release. I have not been committed to the Oregon Health Authority under ORS 426.130 (Court determination of mental illness) , nor have I been found to be a person with mental illness and presently subject to an order prohibiting me from purchasing or possessing a firearm because of mental illness. I am not under a court order to participate in assisted outpatient treatment that includes an order prohibiting me from purchasing or possessing a firearm. If any of the previous conditions do apply to me, I have been granted relief or wish to petition for relief from the disability under ORS 166.273 (Relief from firearm prohibitions related to mental health) , 166.274 (Relief from prohibition against possessing or receiving firearm) or 166.293 (Denial or revocation of license) or 18 U.S.C. 925(c) or have had the records expunged. I am not subject to a citation issued under ORS 163.735 (Citation) or an order issued under ORS 30.866 (Action for issuance or violation of stalking protective order) , 107.700 (Short title) to 107.735 (Duties of State Court Administrator) or 163.738 (Effect of citation) . I have never received a dishonorable discharge from the Armed Forces of the United States. I am not required to register as a sex offender in any state. I understand I will be fingerprinted and photographed.

Legal name ____________

Age ______ Date of birth ________

Place of birth ____________

Social Security number ___________

(Disclosure of your Social Security account number is voluntary. Solicitation of the number is authorized under ORS 166.291 (Issuance of concealed handgun license) . It will be used only as a means of identification.)

Proof of identification (Two pieces of current identification are required, one of which must bear a photograph of the applicant. The type of identification and the number on the identification are to be filled in by the sheriff.):

1.____________

2.____________

Height _____ Weight _____

Hair color _____ Eye color _____

Current address ________

(List residence addresses for the

past three years on the back.)

City _____ County _____ Zip _____

Phone _____

I have read the entire text of this application, and the statements therein are correct and true. (Making false statements on this application is a misdemeanor.)

_______________

(Signature of Applicant)

Character references.

___________________________

Name: Address

___________________________

Name: Address

Approved ___ Disapproved ___ by ___

Competence with handgun demonstrated by _____ (to be filled in by sheriff)

Date _____ Fee Paid _____

License No. _____

(5) Intentionally left blank —Ed.

(a) Fees for concealed handgun licenses are:

(A) $15 to the Department of State Police for conducting the fingerprint check of the applicant.

(B) $100 to the sheriff for the initial issuance of a concealed handgun license.

(C) $75 to the sheriff for the renewal of a concealed handgun license.

(D) $15 to the sheriff for the duplication of a license because of loss or change of address.

(b) The sheriff may enter into an agreement with the Department of Transportation to produce the concealed handgun license.

(6) No civil or criminal liability shall attach to the sheriff or any authorized representative engaged in the receipt and review of, or an investigation connected with, any application for, or in the issuance, denial or revocation of, any license under ORS 166.291 (Issuance of concealed handgun license) to 166.295 (Renewal of license) as a result of the lawful performance of duties under those sections.

(7) Immediately upon acceptance of an application for a concealed handgun license, the sheriff shall enter the applicant’s name into the Law Enforcement Data System indicating that the person is an applicant for a concealed handgun license or is a license holder.

(8) The county sheriff may waive the residency requirement in subsection (1)(c) of this section for a resident of a contiguous state who has a compelling business interest or other legitimate demonstrated need.

(9) For purposes of subsection (1)(c) of this section, a person is a resident of a county if the person:

(a) Has a current Oregon driver license issued to the person showing a residence address in the county;

(b) Is registered to vote in the county and has a voter notification card issued to the person under ORS 247.181 (Voter notification card) showing a residence address in the county;

(c) Has documentation showing that the person currently leases or owns real property in the county; or

(d) Has documentation showing that the person filed an Oregon tax return for the most recent tax year showing a residence address in the county.

(10) As used in this section, “drug diversion program” means a program in which a defendant charged with a marijuana possession offense completes a program under court supervision and in which the marijuana possession offense is dismissed upon successful completion of the diversion program. [1989 c.839 §8 ( 166.291 (Issuance of concealed handgun license) to 166.293 (Denial or revocation of license) enacted in lieu of 166.290); 1991 c.67 §38; 1993 c.732 §2; 1993 c.735 §4; 1995 c.729 §6; 1999 c.1052 §6; 2001 c.104 §56; 2003 c.166 §1; 2005 c.22 §115; 2007 c.368 §2; 2009 c.595 §113; 2009 c.826 §§7,10; 2011 c.547 §§33,34; 2013 c.243 §§4,5; 2013 c.360 §§8,9; 2013 c.591 §§6,7; 2014 c.62 §§1,2; 2015 c.50 §§15,16; 2015 c.201 §5; 2021 c.146 §12; 2022 c.97 §5]

Source: Section 166.291 — Issuance of concealed handgun license; application; fees; liability , https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html (accessed May 26, 2025).
ORS § 163.765 — OR Code / Title 16 / Chapter 163 / Section 163.765
163.765 Restraining order
Status: in_force

(1) When a petition is filed in accordance with ORS 163.763 (Petition to circuit court for relief) , the circuit court shall hold an ex parte hearing in person or by telephone on the day the petition is filed or on the following judicial day. Upon a finding that it is objectively reasonable for a person in the petitioner’s situation to fear for the person’s physical safety if an order granting relief under ORS 163.760 (Definitions for ORS 163.760 to 163.777) to 163.777 (Fees or undertaking may not be required) is not entered and that the respondent has subjected the petitioner to sexual abuse, the circuit court:

(a) Shall enter an order restraining the respondent from contacting the petitioner and from intimidating, molesting, interfering with or menacing the petitioner, or attempting to intimidate, molest, interfere with or menace the petitioner.

(b) If the petitioner requests, may order:

(A) That the respondent be restrained from contacting the petitioner’s children or family or household members;

(B) That the respondent be restrained from entering, or attempting to enter, a reasonable area surrounding the petitioner’s residence;

(C) That the respondent be restrained from intimidating, molesting, interfering with or menacing any children or family or household members of the petitioner, or attempting to intimidate, molest, interfere with or menace any children or family or household members of the petitioner;

(D) That the respondent be restrained from entering, or attempting to enter, any premises and a reasonable area surrounding the premises when necessary to prevent the respondent from intimidating, molesting, interfering with or menacing the petitioner or the petitioner’s children or family or household members; and

(E) Other relief necessary to provide for the safety and welfare of the petitioner or the petitioner’s children or family or household members.

(2) If the respondent is restrained from entering or attempting to enter an area surrounding the petitioner’s residence or any other premises, the restraining order must specifically describe the area or premises.

(3) When the circuit court enters a restraining order under this section, the court shall set a security amount for the violation of the order.

(4) If the circuit court enters a restraining order under subsection (1) of this section:

(a) The clerk of the court shall provide, without charge, the number of certified true copies of the petition and the restraining order necessary to provide the petitioner with one copy and to effect service and shall have a true copy of the petition and the restraining order delivered to the county sheriff for service upon the respondent, unless the circuit court finds that further service is unnecessary because the respondent appeared in person before the court. In addition and upon request by the petitioner, the clerk of the court shall provide the petitioner, without charge, two exemplified copies of the petition and the restraining order.

(b) The county sheriff shall serve the respondent personally unless the petitioner elects to have the respondent served personally by another party. Proof of service shall be made in accordance with ORS 163.773 (Enforcement of restraining order) . When the restraining order does not contain the respondent’s date of birth and service is effected by the sheriff, the sheriff shall verify the respondent’s date of birth with the respondent and shall record that date on the restraining order or proof of service entered into the Law Enforcement Data System under ORS 163.773 (Enforcement of restraining order) .

(5) Intentionally left blank —Ed.

(a) If the county sheriff:

(A) Determines that the restraining order and petition are incomplete, the sheriff shall return the restraining order and petition to the clerk of the court. The clerk of the court shall notify the petitioner, at the address provided by the petitioner, of the error or omission.

(B) Cannot complete service within 10 days after accepting the restraining order and petition, the sheriff shall notify the petitioner, at the address provided by the petitioner, that the documents have not been served. If the petitioner does not respond within 10 days, the sheriff shall hold the restraining order and petition for future service and file a return to the clerk of the court showing that service was not completed.

(b) If a petitioner receives notice of incomplete service under paragraph (a)(B) of this subsection and cannot effect service on the respondent within 30 days after the granting or renewal of the restraining order, the circuit court may order service by an alternative method in accordance with ORCP 7 D(6) on proof of the petitioner’s due diligence in attempting to effect service. If appropriate, the court may order the use of a summons to effect service. The summons must include notice of where the respondent may obtain a complete copy of the order.

(6) Intentionally left blank —Ed.

(a) Within 30 days after a restraining order is served under this section, the respondent may request a circuit court hearing upon any relief granted.

(b) If the respondent requests a hearing under paragraph (a) of this subsection, the clerk of the court shall notify the petitioner of the date and time of the hearing and shall supply the petitioner with a copy of the respondent’s request for a hearing. The petitioner shall give the clerk of the court information sufficient to allow such notification.

(7) If the respondent fails to request a hearing within 30 days after a restraining order is served, the restraining order is confirmed by operation of law.

(8) Intentionally left blank —Ed.

(a) A restraining order entered under this section is effective for a period of five years or, if the petitioner is under 18 years of age at the time of entry, until January 1 of the year following the petitioner’s 18th birthday, whichever occurs later, except as otherwise provided in paragraph (b) or (c) of this subsection or unless the restraining order is renewed, modified or terminated in accordance with ORS 163.760 (Definitions for ORS 163.760 to 163.777) to 163.777 (Fees or undertaking may not be required) .

(b) The circuit court shall enter a permanent restraining order if, at the time of the petition or renewal of the order, the respondent has been convicted of a crime described in ORS 163.355 (Rape in the third degree) to 163.445 (Sexual misconduct) committed against the petitioner.

(c) The circuit court may enter a permanent restraining order if the court finds that it is objectively reasonable for a person in the petitioner’s situation to fear for the person’s physical safety and that the passage of time or a change in circumstances would not dissipate that fear. In making the finding, the court shall consider any information offered by the petitioner to support the request for a permanent restraining order, including but not limited to:

(A) Information that the respondent has a history of engaging in sexual abuse or domestic violence as defined in ORS 135.230 (Definitions for ORS 135.230 to 135.290) ;

(B) If the petitioner is a minor, the fact that the respondent is related to the petitioner by blood or marriage; or

(C) Any vulnerability of the petitioner that is not likely to change over time. [2013 c.687 §3; 2019 c.353 §2; 2021 c.496 §§1,2]

Note: See note under 163.760 (Definitions for ORS 163.760 to 163.777) .

Source: Section 163.765 — Restraining order; service of order; request for hearing; duration of order , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 163a.025 — OR Code / Title 16 / Chapter 163a / Section 163a.025
163A.025 Reporting by sex offender adjudicated in juvenile court
Status: in_force

(1) A person found to be within the jurisdiction of the juvenile court under ORS 419C.005 (Jurisdiction) , or found by the juvenile court to be responsible except for insanity under ORS 419C.411 (Disposition order) , for having committed an act that, if committed by an adult, would constitute a felony sex crime shall report as a sex offender as described in subsections (2) to (4) of this section, unless the juvenile court enters an order under ORS 163A.130 (Relief from reporting obligation for juvenile offenders adjudicated in Oregon) or 163A.135 (Relief from reporting obligation for juvenile offenders adjudicated in another United States jurisdiction) relieving the person of the obligation to report, if:

(a) The person has been ordered under ORS 163A.030 (Hearing on issue of reporting by sex offender adjudicated in juvenile court) to report as a sex offender;

(b) The person was adjudicated, and the jurisdiction of the juvenile court or the Psychiatric Security Review Board over the person ended, prior to August 12, 2015;

(c) The person was adjudicated prior to August 12, 2015, and the jurisdiction of the juvenile court or the Psychiatric Security Review Board over the person ended after August 12, 2015, and before April 4, 2016; or

(d) The person has been found in a juvenile adjudication in another United States court to have committed an act while the person was under 18 years of age that would constitute a felony sex crime if committed in this state by an adult.

(2) A person described in subsection (1)(a) or (d) of this section, or a person described in subsection (1)(c) of this section who did not make an initial report prior to April 4, 2016, who resides in this state shall make an initial report, in person, to the Department of State Police, a city police department or a county sheriff’s office as follows:

(a) The person shall report no later than 10 days after the date of the court order requiring the person to report under ORS 163A.030 (Hearing on issue of reporting by sex offender adjudicated in juvenile court) ;

(b) If the person is adjudicated for the act giving rise to the obligation to report in another United States court and the person is found to have committed an act that if committed by an adult in this state would constitute:

(A) A Class A or Class B felony sex crime:

(i) If the person is not a resident of this state at the time of the adjudication, the person shall make the initial report to the Department of State Police, a city police department or a county sheriff’s office, in the county of the person’s residence, no later than 10 days after the date the person moves into this state; or

(ii) If the person is a resident of this state at the time of the adjudication, the person shall make the initial report to the Department of State Police, a city police department or a county sheriff’s office, in the county of the person’s residence, no later than 10 days after the date the person is discharged, released or placed on probation or any other form of supervised or conditional release by the other United States court or, if the person is confined in a correctional facility by the other United States court, no later than 10 days after the date the person is discharged or otherwise released from the facility.

(B) A Class C felony sex crime:

(i) If the person is not a resident of this state at the time of the adjudication, the person shall make the initial report to the Department of State Police, a city police department or a county sheriff’s office, in the county of the person’s residence, no later than six months after the date the person moves into this state; or

(ii) If the person is a resident of this state at the time of the adjudication, the person shall make the initial report to the Department of State Police, a city police department or a county sheriff’s office, in the county of the person’s residence, no later than 10 days after the date the person is discharged, released or placed on probation or any other form of supervised or conditional release by the other United States court or, if the person is confined in a correctional facility by the other United States court, no later than 10 days after the date the person is discharged or otherwise released from the facility; or

(c) For persons described in subsection (1)(c) of this section who did not make an initial report prior to April 4, 2016, the person shall report no later than 120 days after April 4, 2016.

(3) After making the initial report described in subsection (2) of this section or, for a person described in subsection (1)(c) of this section who made an initial report prior to April 4, 2016, or a person described in subsection (1)(b) of this section, beginning after April 4, 2016, 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 last reported residence:

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

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

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

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

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

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

(4) When a person described in subsection (1) of this section attends school or works in this state, resides in another state and is not otherwise required to report as a sex offender under this section or ORS 163A.010 (Reporting by sex offender discharged, paroled or released from correctional facility or another United States jurisdiction) , 163A.015 (Reporting by sex offender discharged, released or placed on probation by court or another United States jurisdiction) or 163A.020 (Reporting by sex offender upon moving into state) , the 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 person attends school or works, 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.

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

(6) 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, Oregon Youth Authority, county juvenile department, city police department or county sheriff’s office:

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

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

(C) Shall fingerprint the person if the person’s fingerprints are not included in the record file of the Department of State Police.

(7) The obligation to report under this section is terminated if the adjudication that gave rise to the obligation is reversed or vacated.

(8) Notwithstanding subsections (2) and (3) of this section:

(a) The Oregon Youth Authority may authorize an adjudicated youth committed to its custody and supervision by order of the juvenile court, or a person placed in its physical custody under ORS 137.124 (Commitment of defendant to Department of Corrections or county) or any other provision of law, to report to the authority regardless of the adjudicated youth’s or the person’s last reported residence.

(b) A county juvenile department may authorize an adjudicated youth or young person, as those terms are defined in ORS 419A.004 (Definitions) , to report to the department, regardless of the county of the adjudicated youth’s or the young person’s last reported residence.

(c) In the event that a person reports to the authority or the department under this subsection, the authority or the department shall register the person. [Formerly 181.809; 2016 c.95 §1; 2019 c.430 §14; 2021 c.489 §14]

Source: Section 163A.025 — Reporting by sex offender adjudicated in juvenile court , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163A.­html (accessed May 26, 2025).
ORS § 167.385 — OR Code / Title 16 / Chapter 167 / Section 167.385
167.385 Unauthorized use of a livestock animal
Status: in_force

(1) A person commits the crime of unauthorized use of a livestock animal when the person knowingly:

(a) Takes, appropriates, obtains or withholds a livestock animal from the owner thereof or derives benefit from a livestock animal without the consent of the owner of the animal; or

(b) Takes or holds a livestock animal and thereby obtains the use of the animal to breed, bear or raise offspring without the consent of the owner of the animal.

(2) Except as otherwise provided by law, offspring born to a female livestock animal or hatched from the egg of a female livestock animal belong to the owner of the female livestock animal until the owner transfers ownership of the offspring.

(3) As used in this section, “livestock animal” has the same meaning given that term in ORS 164.055 (Theft in the first degree) .

(4) Unauthorized use of a livestock animal is a Class A misdemeanor.

(5) In addition to any criminal sanctions, if a defendant is convicted of the crime of unauthorized use of a livestock animal under this section, the court shall order the defendant to pay restitution to the owner of the animal. [1993 c.252 §1]

Source: Section 167.385 — Unauthorized use of a livestock animal , https://www.­oregonlegislature.­gov/bills_laws/ors/ors167.­html (accessed May 26, 2025).
ORS § 166.273 — OR Code / Title 16 / Chapter 166 / Section 166.273
166.273 Relief from firearm prohibitions related to mental health
Status: in_force

(1) A person barred from transporting, shipping, possessing or receiving a firearm may file a petition with the Psychiatric Security Review Board for relief from the bar if:

(a) The person is barred from possessing a firearm under ORS 166.250 (Unlawful possession of firearms) (1)(c)(D) or (E);

(b) The person is barred from receiving a firearm under ORS 166.470 (Limitations and conditions for sales of firearms) (1)(e) or (f) or, if the person has been found guilty except for insanity of a misdemeanor involving violence, ORS 166.470 (Limitations and conditions for sales of firearms) (1)(g); or

(c) The person is barred from possessing, receiving, shipping or transporting a firearm under 18 U.S.C. 922(d)(4) or (g)(4) as the result of a state mental health determination.

(2) The petitioner shall serve a copy of the petition on:

(a) The Department of Human Services and the Oregon Health Authority; and

(b) The district attorney in each county in which:

(A) The person was committed by a court to the Oregon Health Authority, or adjudicated by a court as a person with mental illness, under ORS 426.130 (Court determination of mental illness) ;

(B) The person was committed by a court to the Department of Human Services, or adjudicated by a court as in need of commitment for residential care, treatment and training, under ORS 427.290 (Determination by court of need for commitment) ;

(C) The person was found guilty except for insanity under ORS 161.295 (Effect of qualifying mental disorder) ;

(D) The person was found responsible except for insanity under ORS 419C.411 (Disposition order) ; or

(E) The person was found by a court to lack fitness to proceed under ORS 161.370 (Determination of fitness to proceed) .

(3) Following receipt of the petition, the board shall conduct a contested case hearing, make written findings of fact and conclusions of law on the issues before the board and issue a final order. Board members from the adult panel, the juvenile panel or a combination of both panels of the board may conduct the hearings described in this section.

(4) The state and any person or entity described in subsection (2) of this section may appear and object to and present evidence relevant to the relief sought by the petitioner.

(5) The board shall grant the relief requested in the petition if the petitioner demonstrates, based on the petitioner’s reputation, the petitioner’s record, the circumstances surrounding the firearm disability and any other evidence in the record, that the petitioner will not be likely to act in a manner that is dangerous to public safety and that granting the relief would not be contrary to the public interest.

(6) If the board grants the relief requested in the petition, the board shall provide to the Department of State Police the minimum information necessary, as defined in ORS 181A.290 (Certain information required from agencies) , to enable the department to:

(a) Maintain the information and transmit the information to the federal government as required under federal law; and

(b) Maintain a record of the person’s relief from the disqualification to possess or receive a firearm under ORS 166.250 (Unlawful possession of firearms) (1)(c)(D) or (E) or 166.470 (Limitations and conditions for sales of firearms) (1)(e), (f) or (g).

(7) The petitioner may petition for judicial review of a final order of the board. The petition shall be filed in the circuit court of a county described in subsection (2)(b) of this section. The review shall be conducted de novo and without a jury.

(8) A petitioner may take an appeal from the circuit court to the Court of Appeals. Review by the Court of Appeals shall be conducted in accordance with ORS 183.500 (Appeals) .

(9) A person may file a petition for relief under this section no more than once every two years.

(10) The board shall adopt procedural rules to carry out the provisions of this section.

(11) As used in this section, “state mental health determination” means:

(a) A finding by a court that a person lacks fitness to proceed under ORS 161.370 (Determination of fitness to proceed) ;

(b) A finding that a person is guilty except for insanity of a crime under ORS 161.295 (Effect of qualifying mental disorder) or responsible except for insanity of an act under ORS 419C.411 (Disposition order) or any determination by the Psychiatric Security Review Board thereafter;

(c) A commitment by a court to the Oregon Health Authority, or an adjudication by a court that a person is a person with mental illness, under ORS 426.130 (Court determination of mental illness) ; or

(d) A commitment by a court to the Department of Human Services, or an adjudication by a court that a person is in need of commitment for residential care, treatment and training, under ORS 427.290 (Determination by court of need for commitment) . [2009 c.826 §5; 2009 c.826 §§18,18a; 2011 c.658 §32; 2013 c.360 §68; 2015 c.201 §2]

Source: Section 166.273 — Relief from firearm prohibitions related to mental health , https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html (accessed May 26, 2025).
ORS § 162.145 — OR Code / Title 16 / Chapter 162 / Section 162.145
162.145 Escape in the third degree
Status: in_force

(1) A person commits the crime of escape in the third degree if the person escapes from custody.

(2) It is a defense to a prosecution under this section that the person escaping or attempting to escape was in custody pursuant to an illegal arrest.

(3) Escape in the third degree is a Class A misdemeanor. [1971 c.743 §190]

Source: Section 162.145 — Escape in the third degree , https://www.­oregonlegislature.­gov/bills_laws/ors/ors162.­html (accessed May 26, 2025).
ORS § 163.345 — OR Code / Title 16 / Chapter 163 / Section 163.345
163.345 Age as a defense in certain cases
Status: repealed

(1) In any prosecution under ORS 163.355 (Rape in the third degree) , 163.365 (Rape in the second degree) , 163.385 (Sodomy in the third degree) , 163.395 (Sodomy in the second degree) , 163.415 (Sexual abuse in the third degree) , 163.425 (Sexual abuse in the second degree) , 163.427 (Sexual abuse in the first degree) or 163.435 (Contributing to the sexual delinquency of a minor) in which the victim’s lack of consent was due solely to incapacity to consent by reason of being less than a specified age, it is a defense that the actor was less than three years older than the victim at the time of the alleged offense.

(2) In any prosecution under ORS 163.408 (Unlawful sexual penetration in the second degree) , when the object used to commit the unlawful sexual penetration was the hand or any part thereof of the actor and in which the victim’s lack of consent was due solely to incapacity to consent by reason of being less than a specified age, it is a defense that the actor was less than three years older than the victim at the time of the alleged offense.

(3) In any prosecution under ORS 163.445 (Sexual misconduct) in which the victim’s lack of consent was due solely to incapacity to consent by reason of being less than a specified age, it is a defense that the actor was less than three years older than the victim at the time of the alleged offense if the victim was at least 15 years of age at the time of the alleged offense. [1971 c.743 §108; 1991 c.386 §3; 1991 c.830 §4; 1999 c.626 §24; amendments by 1999 c.626 §45 repealed by 2001 c.884 §1]

Source: Section 163.345 — Age as a defense in certain cases , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 166.087 — OR Code / Title 16 / Chapter 166 / Section 166.087
166.087 Abuse of corpse in the first degree
Status: in_force

(1) A person commits the crime of abuse of corpse in the first degree if the person:

(a) Engages in sexual activity with a corpse or involving a corpse; or

(b) Dismembers, mutilates, cuts or strikes a corpse.

(2) Abuse of corpse in the first degree is a Class B felony. [1993 c.294 §2]

Note: 166.087 (Abuse of corpse in the first degree) 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 166.087 — Abuse of corpse in the first degree , https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html (accessed May 26, 2025).
ORS § 164.866 — OR Code / Title 16 / Chapter 164 / Section 164.866
164.866 Civil action for injuries caused by criminal acts
Status: in_force

Nothing in ORS 164.864 (Definitions for ORS 164.864 to 164.882) , 164.865 (Unlawful sound recording) , 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) or 164.875 (Unlawful videotape recording) or this section limits or impairs the right of a person injured by the criminal acts of a defendant to sue and recover damages from the defendant in a civil action. [1993 c.95 §11; 2001 c.666 §§31,43; 2005 c.830 §23]

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

Source: Section 164.866 — Civil action for injuries caused by criminal acts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors164.­html (accessed May 26, 2025).
ORS § 169.670 — OR Code / Title 16 / Chapter 169 / Section 169.670
169.670 Transfer of persons to facility operated by Department of Corrections
Status: in_force

Whenever the governing body of a county or city transfers a misdemeanant or violator or a person with pretrial or post-trial status to a regional correctional facility operated by the Department of Corrections, the county or city shall pay the cost of transportation to and from the facility and other expenses incidental thereto, including the expenses of law enforcement officers accompanying the misdemeanant, violator or person with pretrial or post-trial status. The Department of Corrections shall cause at the expense of the county or city, each misdemeanant, violator or person with pretrial or post-trial status transferred to its custody under ORS 169.660 (Status of persons confined in facility operated by Department of Corrections) to be returned upon request of the governing body of the county or city. However, such return is not required when the release is pursuant to work release or parole where other arrangements have been made for the placement of the misdemeanant, violator or person with pretrial or post-trial status. [1971 c.636 §6; 1987 c.320 §102]

Source: Section 169.670 — Transfer of persons to facility operated by Department of Corrections; costs; return; exception , https://www.­oregonlegislature.­gov/bills_laws/ors/ors169.­html (accessed May 26, 2025).
ORS § 161.460 — OR Code / Title 16 / Chapter 161 / Section 161.460
161.460 Renunciation as defense to conspiracy
Status: in_force

(1) It is a defense to a charge of conspiracy that the actor, after conspiring to commit a crime, thwarted commission of the crime which was the object of the conspiracy, under circumstances manifesting a complete and voluntary renunciation of the criminal purpose of the actor. Renunciation by one conspirator does not, however, affect the liability of another conspirator who does not join in the renunciation of the conspiratorial objective.

(2) The defense of renunciation is an affirmative defense. [1971 c.743 §61]

Source: Section 161.460 — Renunciation as defense to conspiracy , https://www.­oregonlegislature.­gov/bills_laws/ors/ors161.­html (accessed May 26, 2025).
ORS § 161.341 — OR Code / Title 16 / Chapter 161 / Section 161.341
161.341 Application for discharge or conditional release
Status: in_force

(1) If at any time after a person is committed under ORS 161.315 (Right of state to obtain mental examination of defendant) to 161.351 (Discharge by board) to a state hospital or a secure intensive community inpatient facility, the superintendent of the hospital or the director of the secure intensive community inpatient facility is of the opinion that the person is no longer affected by a qualifying mental disorder, or, if so affected, no longer presents a substantial danger to others or that the person continues to be affected by a qualifying mental disorder and continues to be a danger to others, but that the person can be controlled with proper care, medication, supervision and treatment if conditionally released, the superintendent or director shall apply to the Psychiatric Security Review Board for an order of discharge or conditional release. The application shall be accompanied by a report setting forth the facts supporting the opinion of the superintendent or director. If the application is for conditional release, the application must be accompanied by a verified conditional release plan. The board shall hold a hearing on the application within 60 days of its receipt. Not less than 20 days prior to the hearing before the board, copies of the report shall be sent to the Attorney General.

(2) The attorney representing the state may choose a psychiatrist or licensed psychologist to examine the person prior to the initial or any later decision by the board on discharge or conditional release. The results of the examination shall be in writing and filed with the board, and shall include, but need not be limited to, an opinion as to the mental condition of the person, whether the person presents a substantial danger to others and whether the person could be adequately controlled with treatment as a condition of release.

(3) Any person who has been committed to a state hospital, or to a secure intensive community inpatient facility, for custody, care and treatment under ORS 161.315 (Right of state to obtain mental examination of defendant) to 161.351 (Discharge by board) , or another person acting on the person’s behalf, may apply to the board for an order of discharge or conditional release upon the grounds:

(a) That the person is no longer affected by a qualifying mental disorder;

(b) That the person, if so affected, no longer presents a substantial danger to others; or

(c) That the person continues to be affected by a qualifying mental disorder and would continue to be a danger to others without treatment, but that the person can be adequately controlled and given proper care and treatment if placed on conditional release.

(4) When application is made under subsection (3) of this section, the board shall require that a report from the superintendent of the hospital or the director of the secure intensive community inpatient facility be prepared and transmitted as provided in subsection (1) of this section. The applicant must prove by a preponderance of the evidence the applicant’s fitness for discharge or conditional release under the standards of subsection (3) of this section, unless more than two years has passed since the state had the burden of proof on that issue, in which case the state shall have the burden of proving by a preponderance of the evidence the applicant’s lack of fitness for discharge or conditional release. Applications for discharge or conditional release under subsection (3) of this section may not be filed more often than once every six months commencing with the date of the initial board hearing.

(5) The board is not required to hold a hearing on a first application under subsection (3) of this section any sooner than 90 days after the initial hearing. Hearings resulting from any subsequent requests shall be held within 60 days of the filing of the application.

(6) Intentionally left blank —Ed.

(a) In no case shall a person committed by the court under ORS 161.327 (Commitment or conditional release of person found guilty except for insanity of felony) to a state hospital, or to a secure intensive community inpatient facility, be held in the hospital or facility for more than 90 days from the date of the court’s commitment order without an initial hearing before the board to determine whether the person should be conditionally released or discharged.

(b) In no case shall a person be held pursuant to this section for a period of time exceeding two years without a hearing before the board to determine whether the person should be conditionally released or discharged. [1977 c.380 §13 (enacted in lieu of 161.340); 1979 c.885 §4; 1981 c.711 §6; 1983 c.800 §10; 1985 c.192 §3; 1989 c.790 §50; 1991 c.244 §1; 2005 c.685 §3; 2009 c.595 §104; 2011 c.708 §3; 2017 c.442 §4; 2017 c.634 §11]

Source: Section 161.341 — Application for discharge or conditional release; release plan; examination; right to hearing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors161.­html (accessed May 26, 2025).
ORS § 164.889 — OR Code / Title 16 / Chapter 164 / Section 164.889
164.889 Interference with agricultural research
Status: in_force

(1) A person commits the crime of interference with agricultural research if the person knowingly:

(a) Damages any property at an agricultural research facility with the intent to damage or hinder agricultural research or experimentation;

(b) Obtains any property of an agricultural research facility with the intent to damage or hinder agricultural research or experimentation;

(c) Obtains access to an agricultural research facility by misrepresentation with the intent to perform acts that would damage or hinder agricultural research or experimentation;

(d) Enters an agricultural research facility with the intent to damage, alter, duplicate or obtain unauthorized possession of records, data, materials, equipment or specimens related to agricultural research or experimentation;

(e) Without the authorization of the agricultural research facility, obtains or exercises control over records, data, materials, equipment or specimens of the agricultural research facility with the intent to destroy or conceal the records, data, materials, equipment or specimens; or

(f) Releases or steals an animal from, or causes the death, injury or loss of an animal at, an agricultural research facility.

(2) Interference with agricultural research is a Class C felony.

(3) For purposes of this section:

(a) “Agricultural research facility” means any structure or land, whether privately or publicly owned, leased or operated, that is being used for agricultural research or experimentation.

(b) “Agricultural research or experimentation” means the lawful study, analysis or testing of plants or animals, or the use of plants or animals to conduct studies, analyses, testing or teaching, for the purpose of improving farming, forestry or animal husbandry.

(4) In addition to any other penalty imposed for violation of this section, a person convicted of interference with agricultural research is liable for:

(a) Damages to real and personal property caused by acts constituting the violation; and

(b) The costs of repeating an experiment, including the replacement of the records, data, equipment, specimens, labor and materials, if acts constituting the violation cause the failure of an experiment in progress or irreparably damage completed research or experimentation. [2001 c.147 §1]

Note: 164.889 (Interference with agricultural research) 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 164.889 — Interference with agricultural research , https://www.­oregonlegislature.­gov/bills_laws/ors/ors164.­html (accessed May 26, 2025).
ORS § 161.305 — OR Code / Title 16 / Chapter 161 / Section 161.305
161.305 Qualifying mental disorder as affirmative defense
Status: in_force

Qualifying mental disorder constituting insanity under ORS 161.295 (Effect of qualifying mental disorder) is an affirmative defense. [1971 c.743 §38; 1983 c.800 §2; 2017 c.634 §5]

Source: Section 161.305 — Qualifying mental disorder as affirmative defense , https://www.­oregonlegislature.­gov/bills_laws/ors/ors161.­html (accessed May 26, 2025).
ORS § 162.055 — OR Code / Title 16 / Chapter 162 / Section 162.055
162.055 Definitions for ORS 162.055 to 162.425
Status: in_force

As used in ORS 162.055 (Definitions for ORS 162.055 to 162.425) to 162.425 (Misuse of confidential information) and 162.465 (Unlawful legislative lobbying) , 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) “Material” means that which could have affected the course or outcome of any proceeding or transaction. Whether a false statement is “material” in a given factual situation is a question of law.

(3) “Statement” means any representation of fact and includes a representation of opinion, belief or other state of mind where the representation clearly relates to state of mind apart from or in addition to any facts which are the subject of the representation.

(4) “Sworn statement” means any statement that attests to the truth of what is stated and that is knowingly given under any form of oath or affirmation or by declaration under penalty of perjury as described in ORCP 1 E.

(5) “Unsworn declaration” has the meaning given that term in ORS 194.805 (Definitions) . [1971 c.743 §182; 1981 c.892 §90; 2003 c.194 §4; 2013 c.218 §18]

Source: Section 162.055 — Definitions for ORS 162.055 to 162.425 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors162.­html (accessed May 26, 2025).
ORS § 166.450 — OR Code / Title 16 / Chapter 166 / Section 166.450
166.450 Obliteration or change of identification number on firearms
Status: in_force

Any person who intentionally alters, removes or obliterates the identification number of any firearm for an unlawful purpose, shall be punished upon conviction by imprisonment in the custody of the Department of Corrections for not more than five years. Possession of any such firearm is presumptive evidence that the possessor has altered, removed or obliterated the identification number. [Amended by 1987 c.320 §90; 1989 c.839 §24]

Source: Section 166.450 — Obliteration or change of identification number on firearms , https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html (accessed May 26, 2025).
ORS § 165.845 — OR Code / Title 16 / Chapter 165 / Section 165.845
165.845 Making and drawing of checks and notes by wire
Status: in_force

(1) Checks, due bills, promissory notes, bills of exchange and all orders or agreements for the payment or delivery of money or other thing of value may be made or drawn by telegraph, and when so made or drawn:

(a) Have the same force and effect to charge the maker, drawer, indorser or acceptor thereof;

(b) Create the same rights and equities in favor of the payee, drawee, indorsee, acceptor, holder or bearer thereof; and

(c) Are entitled to the same days of grace, as if duly made or drawn and delivered in writing.

(2) No person other than the maker or drawer thereof shall cause any such instrument to be sent by telegraph so as to charge any person thereby.

(3) Whenever the genuineness or execution of any such instrument received by telegraph is denied on oath by the person sought to be charged thereby, it is incumbent upon the party claiming under or alleging the same to prove the existence and execution of the original writing from which the telegraphic copy was transmitted.

(4) The original message shall in all cases be preserved in the telegraph office from which it is sent. [Formerly 757.636; 1981 c.892 §91]

Source: Section 165.845 — Making and drawing of checks and notes by wire , https://www.­oregonlegislature.­gov/bills_laws/ors/ors165.­html (accessed May 26, 2025).
ORS § 164.225 — OR Code / Title 16 / Chapter 164 / Section 164.225
164.225 Burglary in the first degree
Status: in_force

(1) A person commits the crime of burglary in the first degree if the person violates ORS 164.215 (Burglary in the second degree) and the building is a dwelling, or if in effecting entry or while in a building or in immediate flight therefrom the person:

(a) Is armed with a burglary tool or theft device as defined in ORS 164.235 (Possession of a burglary tool or theft device) or a deadly weapon;

(b) Causes or attempts to cause physical injury to any person; or

(c) Uses or threatens to use a dangerous weapon.

(2) Burglary in the first degree is a Class A felony. [1971 c.743 §137; 2003 c.577 §10]

Source: Section 164.225 — Burglary in the first degree , https://www.­oregonlegislature.­gov/bills_laws/ors/ors164.­html (accessed May 26, 2025).
ORS § 166.373 — OR Code / Title 16 / Chapter 166 / Section 166.373
166.373 Possession of weapon in court facility by peace officer or federal officer
Status: in_force

(1) Notwithstanding ORS 166.370 (Possession of firearm or dangerous weapon in public building or court facility) (2) and except as provided in subsection (2) of this section, a peace officer, as defined in ORS 161.015 (General definitions) , or a federal officer, as defined in ORS 133.005 (Definitions for ORS 133.005 to 133.400 and 133.410 to 133.450) , may possess a weapon in a court facility if the officer:

(a) Is acting in an official capacity and is officially on duty;

(b) Is carrying a weapon that the employing agency of the officer has authorized the officer to carry; and

(c) Is in compliance with any security procedures established under subsections (3) and (4) of this section.

(2) A judge may prohibit a peace officer or a federal officer from possessing a weapon in a courtroom. A notice of the prohibition of the possession of a weapon by an officer in a courtroom must be posted outside the entrance to the courtroom.

(3) A presiding judge of a judicial district or a municipal court or the Chief Justice of the Supreme Court may establish procedures regulating the possession of a weapon in a court facility by a peace officer or a federal officer subject to the following:

(a) The procedures for a circuit court must be established through a plan for court security improvement, emergency preparedness and business continuity under ORS 1.177 (State plan for security, emergency preparedness and business continuity for court facilities) or 1.180 (Advisory committees on court security and emergency preparedness) ;

(b) The procedures for a justice court or a municipal court may only prohibit the possession of weapons within the area in which the court conducts business and during the hours in which the court operates;

(c) Within a shared court facility, the presiding judge of a municipal court or justice of the peace district may not establish procedures in conflict with the procedures established by the presiding judge of the circuit court; and

(d) Notice of the procedures must be posted at the entrance to the court facility, or at an entrance for peace officers or federal officers if the entrance is separate from the entrance to the court facility, and at a security checkpoint in the court facility.

(4) A judge may establish procedures regulating the possession of a weapon in a courtroom by a peace officer or a federal officer. A notice of the procedures regulating the possession of a weapon by an officer must be posted outside the entrance to the courtroom. [2001 c.201 §3; 2005 c.804 §7; 2015 c.351 §3]

Source: Section 166.373 — Possession of weapon in court facility by peace officer or federal officer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html (accessed May 26, 2025).
ORS § 166.265 — OR Code / Title 16 / Chapter 166 / Section 166.265
166.265 Manufacture, importation, sale or transfer of undetectable firearm
Status: in_force

(1) Intentionally left blank —Ed.

(a) A person may not knowingly manufacture or cause to be manufactured within this state, import into this state, or offer for sale, sell or transfer, an undetectable firearm.

(b) A violation of paragraph (a) of this subsection is a Class B felony.

(2) Intentionally left blank —Ed.

(a) A person may not knowingly possess an undetectable firearm.

(b) Intentionally left blank —Ed.

(A) A violation of paragraph (a) of this subsection is a Class A misdemeanor.

(B) Notwithstanding subparagraph (A) of this paragraph, a violation of paragraph (a) of this subsection is a Class B felony if, at the time of the offense, the person has one or more prior convictions under this section or ORS 166.266 (Sale, transfer or possession of firearm without serial number) or 166.267 (Importation, sale, transfer or possession of unfinished frame or receiver) .

(3) A person convicted under this section shall forfeit the undetectable firearm.

(4) As used in this section, “prior conviction” includes a conviction for a violation offense. [2023 c.229 §3]

Source: Section 166.265 — Manufacture, importation, sale or transfer of undetectable firearm , https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html (accessed May 26, 2025).
ORS § 166.730 — OR Code / Title 16 / Chapter 166 / Section 166.730
166.730 Authority of investigative agency
Status: in_force

(1) If, pursuant to the civil enforcement provisions of ORS 166.725 (Remedies for violation of ORS 166.720) , an investigative agency has reason to believe that a person or other enterprise has engaged in, or is engaging in, activity in violation of ORS 166.715 (Definitions for ORS 166.715 to 166.735) to 166.735 (Short title) , the investigative agency may administer oaths or affirmations, subpoena witnesses or documents or other material, and collect evidence pursuant to the Oregon Rules of Civil Procedure.

(2) If matter that the investigative agency seeks to obtain by the subpoena is located outside the state, the person or enterprise subpoenaed may make such matter available to the investigative agency or its representative for examination at the place where such matter is located. The investigative agency may designate representatives, including officials of the jurisdiction in which the matter is located, to inspect the matter on its behalf and may respond to similar requests from officials of other jurisdictions.

(3) Upon failure of a person or enterprise, without lawful excuse, to obey a subpoena, and after reasonable notice to such person or enterprise, the investigative agency may apply to the circuit court for the judicial district in which such person or enterprise resides, is found or transacts business for an order compelling compliance. [1981 c.769 §6; 1983 c.715 §3]

Source: Section 166.730 — Authority of investigative agency; compelling compliance with subpoena , https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html (accessed May 26, 2025).
ORS § 167.057 — OR Code / Title 16 / Chapter 167 / Section 167.057
167.057 Luring a minor
Status: in_force

(1) A person commits the crime of luring a minor if the person:

(a) Furnishes to, or uses with, a minor, a police officer posing as a minor or an agent of a police officer posing as a minor, a visual representation or explicit verbal description or narrative account of sexual conduct for the purpose of inducing the minor or purported minor to engage in sexual conduct; or

(b) Engages in sexual conduct in the immediate presence of a minor for the purpose of inducing the minor to engage in sexual conduct.

(2) A person is not liable to prosecution for violating subsection (1) of this section if the person furnishes or uses a representation, description or account of sexual conduct that forms merely an incidental part of an otherwise nonoffending whole and serves some purpose other than titillation.

(3) In a prosecution under subsection (1) of this section, it is an affirmative defense:

(a) That the representation, description or account was furnished or used for the purpose of psychological or medical treatment and was furnished by a treatment provider or by another person acting on behalf of the treatment provider;

(b) That the defendant had reasonable cause to believe that the person to whom the representation, description or account was furnished or with whom the representation, description or account was used, or the person in the immediate presence of whom the defendant engaged in sexual conduct, was not a minor; or

(c) That the defendant was less than three years older than the minor or, in the case of a police officer or agent of a police officer posing as a minor, the age of the purported minor as reported to the defendant at the time of the alleged offense.

(4) Luring a minor is a Class C felony.

(5) Intentionally left blank —Ed.

(a) The court may designate luring a minor as a sex crime under ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235) if the court determines that:

(A) The offender reasonably believed the minor or, in the case of a police officer or agent of a police officer posing as a minor, the purported minor to be more than five years younger than the offender or under 16 years of age; and

(B) Given the nature of the offense, the age of the minor or purported minor as reported to the defendant and the person’s criminal history, designation of the offense as a sex crime is necessary for the safety of the community.

(b) The court shall indicate the designation and the findings supporting the designation in the judgment.

(6) As used in this section, “police officer” has the meaning given that term in ORS 181A.355 (Definitions for ORS 181A.355 to 181A.689) . [2007 c.869 §3; 2011 c.681 §2; 2013 c.293 §1; 2015 c.101 §1; 2023 c.198 §2]

Note: See note under 167.051 (Definitions for ORS 167.057) .

Source: Section 167.057 — Luring a minor , https://www.­oregonlegislature.­gov/bills_laws/ors/ors167.­html (accessed May 26, 2025).
ORS § 161.035 — OR Code / Title 16 / Chapter 161 / Section 161.035
161.035 Application of Criminal Code
Status: repealed

(1) Chapter 743, Oregon Laws 1971, shall govern the construction of and punishment for any offense defined in chapter 743, Oregon Laws 1971, and committed after January 1, 1972, as well as the construction and application of any defense to a prosecution for such an offense.

(2) Except as otherwise expressly provided, or unless the context requires otherwise, the provisions of chapter 743, Oregon Laws 1971, shall govern the construction of and punishment for any offense defined outside chapter 743, Oregon Laws 1971, and committed after January 1, 1972, as well as the construction and application of any defense to a prosecution for such an offense.

(3) Chapter 743, Oregon Laws 1971, shall not apply to or govern the construction of and punishment for any offense committed before January 1, 1972, or the construction and application of any defense to a prosecution for such an offense. Such an offense shall be construed and punished according to the law existing at the time of the commission of the offense in the same manner as if chapter 743, Oregon Laws 1971, had not been enacted.

(4) When all or part of a criminal statute is amended or repealed, the criminal statute or part thereof so amended or repealed remains in force for the purpose of authorizing the accusation, prosecution, conviction and punishment of a person who violated the statute or part thereof before the effective date of the amending or repealing Act. [1971 c.743 §5]

Note: See note under 161.015 (General definitions) .

Source: Section 161.035 — Application of Criminal Code , https://www.­oregonlegislature.­gov/bills_laws/ors/ors161.­html (accessed May 26, 2025).
ORS § 167.824 — OR Code / Title 16 / Chapter 167 / Section 167.824
167.824 Unlawful possession of undeployed air bags or air bag canisters
Status: in_force

(1) A person may not possess more than two undeployed air bags or air bag canisters containing sodium azide that have been removed from a vehicle. This subsection does not apply to motor vehicle dealers, automobile repair facilities or dismantlers certified under ORS 822.110 (Dismantler certificate) .

(2) A violation of subsection (1) of this section is a Class C misdemeanor. [2005 c.514 §2; 2005 c.654 §13b]

Note: 167.824 (Unlawful possession of undeployed air bags or air bag canisters) was enacted into law by the Legislative Assembly but was 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 167.824 — Unlawful possession of undeployed air bags or air bag canisters , https://www.­oregonlegislature.­gov/bills_laws/ors/ors167.­html (accessed May 26, 2025).
ORS § 166.663 — OR Code / Title 16 / Chapter 166 / Section 166.663
166.663 Casting artificial light from vehicle while possessing certain weapons prohibited
Status: in_force

(1) A person may not cast from a motor vehicle an artificial light while there is in the possession or in the immediate physical presence of the person a bow and arrow or a firearm.

(2) Subsection (1) of this section does not apply to a person casting an artificial light:

(a) From the headlights of a motor vehicle that is being operated on a road in the usual manner.

(b) When the bow and arrow or firearm that the person has in the possession or immediate physical presence of the person is disassembled or stored, or in the trunk or storage compartment of the motor vehicle.

(c) When the ammunition or arrows are stored separate from the weapon.

(d) On land owned or lawfully occupied by that person.

(e) On publicly owned land when that person has an agreement with the public body to use that property.

(f) When the person is a peace officer, or is a government employee engaged in the performance of official duties.

(g) When the person has been issued a license under ORS 166.291 (Issuance of concealed handgun license) and 166.292 (Procedure for issuing) to carry a concealed handgun.

(h) When the person is an honorably retired law enforcement officer, unless the person has been convicted of an offense that would make the person ineligible to obtain a concealed handgun license under ORS 166.291 (Issuance of concealed handgun license) and 166.292 (Procedure for issuing) .

(3) A peace officer may issue a citation to a person for a violation of subsection (1) of this section when the violation is committed in the presence of the peace officer or when the peace officer has probable cause to believe that a violation has occurred based on a description of the vehicle or other information received from a peace officer who observed the violation.

(4) Violation of subsection (1) of this section is punishable as a Class B violation.

(5) As used in this section, “peace officer” has the meaning given that term in ORS 161.015 (General definitions) . [1989 c.848 §2; 1999 c.1051 §159; 2005 c.22 §116; 2009 c.610 §3; 2015 c.709 §5]

Source: Section 166.663 — Casting artificial light from vehicle while possessing certain weapons prohibited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html (accessed May 26, 2025).
ORS § 164.164 — OR Code / Title 16 / Chapter 164 / Section 164.164
164.164 Defense in prosecution under ORS 164.162
Status: in_force

(1) In a prosecution under ORS 164.162 (Mail theft or receipt of stolen mail) , it is a defense that the defendant acted under an honest claim of right in that:

(a) The defendant was unaware that the property was that of another person;

(b) The defendant reasonably believed that the defendant was entitled to the property involved or had a right to acquire or dispose of it as the defendant did; or

(c) The property involved was that of the defendant’s spouse, unless the parties were not living together as spouses in a marriage and were living in separate abodes at the time of the alleged offense.

(2) Intentionally left blank —Ed.

(a) ORS 164.162 (Mail theft or receipt of stolen mail) does not apply to employees charged with the operation of facilities listed in paragraph (b) of this subsection when the employees are carrying out their official duties to protect the safety and security of the facilities.

(b) The facilities to which paragraph (a) of this subsection applies are juvenile detention facilities and local correctional facilities as defined in ORS 169.005 (Definitions for ORS 169.005 to 169.685 and 169.730 to 169.800) , detention facilities as defined in ORS 419A.004 (Definitions) , youth correction facilities as defined in ORS 420.005 (Definitions) and Department of Corrections institutions as defined in ORS 421.005 (Definitions) . [1999 c.920 §3; 2015 c.629 §32]

Note: See note under 164.160 (Definitions) .

Source: Section 164.164 — Defense in prosecution under ORS 164.162; applicability of ORS 164.162 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors164.­html (accessed May 26, 2025).
ORS § 165.805 — OR Code / Title 16 / Chapter 165 / Section 165.805
165.805 Misrepresentation of age by a minor
Status: in_force

(1) A person commits the crime of misrepresentation of age by a minor if:

(a) Being less than a certain, specified age, the person knowingly purports to be of any age other than the true age of the person with the intent of securing a right, benefit or privilege which by law is denied to persons under that certain, specified age; or

(b) Being unmarried, the person knowingly represents that the person is married with the intent of securing a right, benefit or privilege which by law is denied to unmarried persons.

(2) Misrepresentation of age by a minor is a Class C misdemeanor.

(3) Intentionally left blank —Ed.

(a) In addition to and not in lieu of any other penalty established by law, if a person, using a driver permit or license or other identification issued by the Department of Transportation of this state or its equivalent in another state, commits the crime of misrepresentation of age by a minor in order to purchase or consume alcoholic liquor or cannabis:

(A) The person may be required to perform community service; and

(B) The court may order that the person’s driving privileges and right to apply for driving privileges be suspended for a period not to exceed one year upon:

(i) The person’s second or subsequent conviction or adjudication for an offense described in this paragraph;

(ii) The person’s first conviction or adjudication if the person has previously entered into a formal accountability agreement under ORS 419C.230 (Formal accountability agreements) for an offense described in this paragraph; or

(iii) The person’s first conviction or adjudication if the offense involved the operation of a motor vehicle.

(b) If a court has issued an order suspending driving privileges under this section, the court, upon petition of the person, may withdraw the order at any time the court deems appropriate. The court notification to the department under this subsection may include a recommendation that the person be granted a hardship permit under ORS 807.240 (Hardship permit) if the person is otherwise eligible for the permit.

(4) The prohibitions of this section do not apply to any person acting under the direction of the Oregon Liquor and Cannabis Commission or a regulatory specialist or under the direction of state or local law enforcement agencies for the purpose of investigating possible violations of laws prohibiting sales of alcoholic beverages or marijuana items, as defined in ORS 475C.009 (Definitions for ORS 475C.005 to 475C.525) , to persons who are under a certain, specified age.

(5) The prohibitions of this section do not apply to a person under the age of 21 years who is acting under the direction of a licensee for the purpose of investigating possible violations by employees of the licensee of laws prohibiting sales of alcoholic beverages or marijuana items, as defined in ORS 475C.009 (Definitions for ORS 475C.005 to 475C.525) , to persons who are under the age of 21 years. [1971 c.743 §285; 1991 c.860 §1; 1993 c.18 §25; 2001 c.791 §3; 2011 c.355 §19; 2012 c.54 §28; 2015 c.614 §150; 2018 c.76 §19; 2021 c.351 §5]

Source: Section 165.805 — Misrepresentation of age by a minor , https://www.­oregonlegislature.­gov/bills_laws/ors/ors165.­html (accessed May 26, 2025).
ORS § 161.155 — OR Code / Title 16 / Chapter 161 / Section 161.155
161.155 Criminal liability for conduct of another
Status: in_force

A person is criminally liable for the conduct of another person constituting a crime if:

(1) The person is made criminally liable by the statute defining the crime; or

(2) With the intent to promote or facilitate the commission of the crime the person:

(a) Solicits or commands such other person to commit the crime; or

(b) Aids or abets or agrees or attempts to aid or abet such other person in planning or committing the crime; or

(c) Having a legal duty to prevent the commission of the crime, fails to make an effort the person is legally required to make. [1971 c.743 §13]

Source: Section 161.155 — Criminal liability for conduct of another , https://www.­oregonlegislature.­gov/bills_laws/ors/ors161.­html (accessed May 26, 2025).
ORS § 162.245 — OR Code / Title 16 / Chapter 162 / Section 162.245
162.245 Refusing to assist a peace officer
Status: in_force

(1) A person commits the offense of refusing to assist a peace officer if upon command by a person known by the person to be a peace officer the person unreasonably refuses or fails to assist in effecting an authorized arrest or preventing another from committing a crime.

(2) Refusing to assist a peace officer is a Class B violation. [1971 c.743 §199; 1999 c.1051 §150]

Source: Section 162.245 — Refusing to assist a peace officer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors162.­html (accessed May 26, 2025).
ORS § 169.340 — OR Code / Title 16 / Chapter 169 / Section 169.340
169.340 Liability for escape of defendant in a civil action
Status: in_force

(1) A sheriff who suffers the escape of a prisoner, arrested or in a local correctional facility, without the consent or connivance of the party on whose behalf the arrest or imprisonment was made, is liable to an action by such party, as follows:

(a) When the arrest is upon an order of arrest in a civil action, suit or proceeding; when the presence of the defendant at the return of the summons is necessary to enable the plaintiff to proceed therein, and the defendant does not appear at the time and place specified in the summons.

(b) When the arrest or imprisonment is upon an order of arrest in any other civil action, suit or proceeding, or upon a surrender in exoneration of the sheriff or security release, and the defendant is not found upon an execution against the person of the defendant issued to the proper county on a judgment in such action, suit, or proceeding.

(c) When the arrest is on an execution or commitment to enforce the payment of money, and the party interested is not recaptured or surrendered into custody at the expiration of the time limited for the service thereof, or legally discharged therefrom.

(d) When a person is imprisoned on an execution or commitment to enforce the payment of money, and the person escapes after the time limited for the service, and is not recaptured or surrendered before an action is commenced for the escape.

(2) The measure of damages in an action brought under subsection (1) of this section, is as follows:

(a) For the escape mentioned in subsection (1)(a) of this section, the actual damages sustained.

(b) In any other case, the amount expressed in the execution or commitment. [Amended by 1973 c.740 §23; 1999 c.1051 §259; 2003 c.576 §392]

Source: Section 169.340 — Liability for escape of defendant in a civil action , https://www.­oregonlegislature.­gov/bills_laws/ors/ors169.­html (accessed May 26, 2025).
ORS § 161.229 — OR Code / Title 16 / Chapter 161 / Section 161.229
161.229 Use of physical force in defense of property
Status: in_force

A person is justified in using physical force, other than deadly physical force, upon another person when and to the extent that the person reasonably believes it to be necessary to prevent or terminate the commission or attempted commission by the other person of theft or criminal mischief of property. [1971 c.743 §26]

Source: Section 161.229 — Use of physical force in defense of property , https://www.­oregonlegislature.­gov/bills_laws/ors/ors161.­html (accessed May 26, 2025).
ORS § 166.649 — OR Code / Title 16 / Chapter 166 / Section 166.649
166.649 Throwing an object off an overpass in the second degree
Status: in_force

(1) A person commits the crime of throwing an object off an overpass in the second degree if the person:

(a) With criminal negligence throws an object off an overpass; and

(b) Knows, or reasonably should have known, that the object was of a type or size to cause damage to any person or vehicle that the object might hit.

(2) Throwing an object off an overpass in the second degree is a Class A misdemeanor.

(3) As used in this section and ORS 166.651 (Throwing an object off an overpass in the first degree) , “overpass” means a structure carrying a roadway or pedestrian pathway over a roadway. [1993 c.731 §1]

Source: Section 166.649 — Throwing an object off an overpass in the second degree , https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html (accessed May 26, 2025).
ORS § 164.174 — OR Code / Title 16 / Chapter 164 / Section 164.174
164.174 Exceptions
Status: in_force

Nothing in ORS 164.170 (Laundering a monetary instrument) or 164.172 (Engaging in a financial transaction in property derived from unlawful activity) or the amendments to ORS 166.715 (Definitions for ORS 166.715 to 166.735) by section 4, chapter 878, Oregon Laws 1999, is intended to allow the prosecution of a corporation, business, partnership, limited liability company, limited liability partnership or any similar entity, or an employee or agent of such an entity, that makes a good faith effort to comply with federal and state laws governing the entity. [1999 c.878 §3]

Note: See note under 164.170 (Laundering a monetary instrument) .

Source: Section 164.174 — Exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors164.­html (accessed May 26, 2025).
ORS § 166.543 — OR Code / Title 16 / Chapter 166 / Section 166.543
166.543 Criminal penalties
Status: in_force

(1) A person commits a Class A misdemeanor if:

(a) The person knowingly possesses a deadly weapon; and

(b) The person is prohibited from possessing deadly weapons pursuant to an extreme risk protection order:

(A) Issued after notice and a hearing under ORS 166.530 (Hearing on order) ;

(B) Confirmed by operation of law after the person failed to request a hearing under ORS 166.527 (Petition for ex parte order) (9); or

(C) Renewed under ORS 166.535 (Renewal of order) .

(2) A person convicted under subsection (1) of this section shall be prohibited from having in the person’s custody or control, owning, purchasing, possessing or receiving, or attempting to purchase or receive, any firearms for a five-year period beginning when the extreme risk protection order expires or is terminated, or the judgment of conviction is entered, whichever occurs later.

(3) A person who files a petition for any extreme risk protection order under ORS 166.525 (Definitions) to 166.543 (Criminal penalties) with the intent to harass the respondent, or knowing that the information in the petition is false, is guilty of a Class A misdemeanor. [2017 c.737 §8]

Source: Section 166.543 — Criminal penalties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html (accessed May 26, 2025).
ORS § 161.267 — OR Code / Title 16 / Chapter 161 / Section 161.267
161.267 Use of physical force by corrections officer or official employed by Department of Corrections
Status: in_force

(1) As used in this section:

(a) “Colocated minimum security facility” means a Department of Corrections institution that has been designated by the Department of Corrections as a minimum security facility and has been located by the department on the grounds of a medium or higher security Department of Corrections institution.

(b) “Department of Corrections institution” has the meaning given that term in ORS 421.005 (Definitions) .

(c) “Stand-alone minimum security facility” means a Department of Corrections institution that has been designated by the department as a minimum security facility and that has been located by the department separate and apart from other Department of Corrections institutions.

(2) Subject to ORS 161.237 (Use of physical force involving pressure on throat or neck by peace officer or corrections officer) and 421.107 (Use of dog for cell extraction prohibited) , a corrections officer or other official employed by the Department of Corrections is justified in using physical force, including deadly physical force, when and to the extent that the officer or official reasonably believes it necessary to:

(a) Prevent the escape of an adult in custody from a Department of Corrections institution, including the grounds of the institution, or from custody;

(b) Maintain or restore order and discipline in a Department of Corrections institution, or any part of the institution, in the event of a riot, disturbance or other occurrence that threatens the safety of adults in custody, department employees or other persons; or

(c) Prevent serious physical injury to or the death of the officer, official or another person.

(3) Notwithstanding subsection (2)(a) of this section, a corrections officer or other official employed by the department may not use deadly physical force to prevent the escape of an adult in custody from:

(a) A stand-alone minimum security facility;

(b) A colocated minimum security facility, if the corrections officer or other official knows that the adult in custody has been classified by the department as minimum custody; or

(c) Custody outside of a Department of Corrections institution:

(A) While the adult in custody is assigned to an adult in custody work crew; or

(B) During transport or other supervised activity, if the adult in custody is classified by the department as minimum custody and the adult in custody is not being transported or supervised with an adult in custody who has been classified by the department as medium or higher custody.

(4) Nothing in this section limits the authority of a person to use physical force under ORS 161.205 (Use of physical force generally) (2) or 161.265 (Use of physical force by guard or peace officer employed in correctional facility) . [2005 c.431 §2; 2019 c.213 §38; 2019 c.333 §3; 2020 s.s.2 c.3 §5]

Source: Section 161.267 — Use of physical force by corrections officer or official employed by Department of Corrections , https://www.­oregonlegislature.­gov/bills_laws/ors/ors161.­html (accessed May 26, 2025).
ORS § 161.605 — OR Code / Title 16 / Chapter 161 / Section 161.605
161.605 Maximum terms of imprisonment for felonies
Status: in_force

"In 1934,…Oregon became the second state, after Louisiana, to allow nonunanimous juries in criminal cases." Bibliographic info

The maximum term of an indeterminate sentence of imprisonment for a felony is as follows:

(1) For a Class A felony, 20 years.

(2) For a Class B felony, 10 years.

(3) For a Class C felony, 5 years.

(4) For an unclassified felony as provided in the statute defining the crime. [1971 c.743 §74]

Source: Section 161.605 — Maximum terms of imprisonment for felonies , https://www.­oregonlegislature.­gov/bills_laws/ors/ors161.­html (accessed May 26, 2025).
ORS § 163a.210 — OR Code / Title 16 / Chapter 163a / Section 163a.210
163A.210 Provision of records by Oregon Youth Authority and juvenile department
Status: in_force

Notwithstanding ORS 419A.257 (Reports and materials privileged) or any other provision of law, the Oregon Youth Authority and the juvenile department may disclose and provide copies of reports and other materials relating to a child, ward, youth or adjudicated youth’s history and prognosis to the Psychiatric Security Review Board or the State Board of Parole and Post-Prison Supervision in order for the boards to determine whether to reclassify the 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 whether to classify a person who is an existing registrant into one of the three levels described in ORS 163A.100 (Risk assessment methodology) , as required by section 7, chapter 708, Oregon Laws 2013. [2015 c.820 §21; 2017 c.442 §32; 2017 c.488 §6; 2021 c.489 §15]

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

Source: Section 163A.210 — Provision of records by Oregon Youth Authority and juvenile department , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163A.­html (accessed May 26, 2025).
ORS § 167.334 — OR Code / Title 16 / Chapter 167 / Section 167.334
167.334 Evaluation of person convicted of violating ORS 167.333
Status: in_force

Upon the conviction of a defendant for violation of ORS 167.333 (Sexual assault of an animal) , the court may order a psychiatric or psychological evaluation of the defendant for inclusion in the presentence report as described in ORS 137.077 (Presentence report) . [2001 c.926 §5c]

Note: 167.334 (Evaluation of person convicted of violating ORS 167.333) was enacted into law by the Legislative Assembly but was 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 167.334 — Evaluation of person convicted of violating ORS 167.333 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors167.­html (accessed May 26, 2025).
ORS § 164.325 — OR Code / Title 16 / Chapter 164 / Section 164.325
164.325 Arson in the first degree
Status: in_force

(1) A person commits the crime of arson in the first degree if:

(a) By starting a fire or causing an explosion, the person intentionally damages:

(A) Protected property of another;

(B) Any property, whether the property of the person or the property of another person, and such act recklessly places another person in danger of physical injury or protected property of another in danger of damage; or

(C) Any property, whether the property of the person or the property of another person, and recklessly causes serious physical injury to a firefighter or peace officer acting in the line of duty relating to the fire; or

(b) By knowingly engaging in the manufacture of methamphetamine, the person causes fire or causes an explosion that damages property described in paragraph (a) of this subsection.

(2) Arson in the first degree is a Class A felony. [1971 c.743 §144; 1991 c.946 §1; 2005 c.706 §4]

Source: Section 164.325 — Arson in the first degree , https://www.­oregonlegislature.­gov/bills_laws/ors/ors164.­html (accessed May 26, 2025).
ORS § 161.390 — OR Code / Title 16 / Chapter 161 / Section 161.390
161.390 Rules for assignment of persons to state mental hospitals or secure intensive community inpatient facilities
Status: in_force

(1) The Oregon Health Authority shall adopt rules for the assignment of persons to state mental hospitals or secure intensive community inpatient facilities after commitment under ORS 161.365 (Procedure for determining issue of fitness to proceed) and 161.370 (Determination of fitness to proceed) and for establishing standards for evaluation and treatment of persons committed to a state hospital or a secure intensive community inpatient facility or ordered to a community mental health program under ORS 161.315 (Right of state to obtain mental examination of defendant) to 161.351 (Discharge by board) .

(2) When the Psychiatric Security Review Board requires the preparation of a predischarge or preconditional release plan before a hearing or as a condition of granting discharge or conditional release for a person committed under ORS 161.315 (Right of state to obtain mental examination of defendant) to 161.351 (Discharge by board) to a state hospital or a secure intensive community inpatient facility for custody, care and treatment, the authority is responsible for and shall prepare the plan.

(3) In carrying out a conditional release plan prepared under subsection (2) of this section, the authority may contract with a community mental health program, other public agency or private corporation or an individual to provide supervision and treatment for the conditionally released person.

(4) Intentionally left blank —Ed.

(a) The board shall maintain and keep current the medical, social and criminal history of all persons committed to its jurisdiction. The confidentiality of records maintained by the board shall be determined pursuant to ORS 192.338 (Exempt and nonexempt public record to be separated) , 192.345 (Public records conditionally exempt from disclosure) , 192.355 (Public records exempt from disclosure) and 192.398 (Medical records) .

(b) Except as otherwise provided by law, upon request of the board, a state hospital, a community mental health program and any other health care service provider shall provide the board with all medical records pertaining to a person committed to the jurisdiction of the board.

(5) The evidentiary phase of a hearing conducted by the board under ORS 161.315 (Right of state to obtain mental examination of defendant) to 161.351 (Discharge by board) is not a deliberation for purposes of ORS 192.690 (Exceptions to ORS 192.610 to 192.705) . [1975 c.380 §7; 1977 c.380 §18; 1981 c.711 §14; 1993 c.680 §18; 2005 c.22 §109; 2005 c.685 §8; 2009 c.595 §110; 2011 c.708 §5; 2017 c.442 §6; 2018 c.120 §4; 2019 c.328 §1; 2021 c.395 §10]

Source: Section 161.390 — Rules for assignment of persons to state mental hospitals or secure intensive community inpatient facilities; release plan prepared by Oregon Health Authority , https://www.­oregonlegislature.­gov/bills_laws/ors/ors161.­html (accessed May 26, 2025).
ORS § 161.200 — OR Code / Title 16 / Chapter 161 / Section 161.200
161.200 Choice of evils
Status: in_force

(1) Unless inconsistent with other provisions of chapter 743, Oregon Laws 1971, defining justifiable use of physical force, or with some other provision of law, conduct which would otherwise constitute an offense is justifiable and not criminal when:

(a) That conduct is necessary as an emergency measure to avoid an imminent public or private injury; and

(b) The threatened injury is of such gravity that, according to ordinary standards of intelligence and morality, the desirability and urgency of avoiding the injury clearly outweigh the desirability of avoiding the injury sought to be prevented by the statute defining the offense in issue.

(2) The necessity and justifiability of conduct under subsection (1) of this section shall not rest upon considerations pertaining only to the morality and advisability of the statute, either in its general application or with respect to its application to a particular class of cases arising thereunder. [1971 c.743 §20]

Note: See note under 161.015 (General definitions) .

Source: Section 161.200 — Choice of evils , https://www.­oregonlegislature.­gov/bills_laws/ors/ors161.­html (accessed May 26, 2025).
ORS § 166.432 — OR Code / Title 16 / Chapter 166 / Section 166.432
166.432 Definitions for ORS 166.412 and 166.433 to 166.441
Status: in_force

(1) As used in ORS 166.412 (Definitions) , 166.433 (Findings regarding transfers of firearms) , 166.434 (Requirements for criminal background checks) , 166.435 (Firearm transfers by unlicensed persons) , 166.436 (Department of State Police criminal background checks for gun show firearm transfers) and 166.438 (Transfer of firearms at gun shows) , “criminal background check” or “criminal history record check” means determining the eligibility of a person to purchase or possess a firearm by reviewing state and federal databases including, but not limited to, the:

(a) Oregon computerized criminal history system;

(b) Oregon mental health data system;

(c) Law Enforcement Data System;

(d) National Instant Criminal Background Check System; and

(e) Stolen guns system.

(2) As used in ORS 166.433 (Findings regarding transfers of firearms) , 166.435 (Firearm transfers by unlicensed persons) , 166.436 (Department of State Police criminal background checks for gun show firearm transfers) , 166.438 (Transfer of firearms at gun shows) and 166.441 (Form for transfer of firearm at gun show) :

(a) “Gun dealer” has the meaning given that term in ORS 166.412 (Definitions) .

(b) “Gun show” means an event at which more than 25 firearms are on site and available for transfer. [2001 c.1 §3; 2015 c.50 §6; 2018 c.5 §8]

Note: 166.432 (Definitions for ORS 166.412 and 166.433 to 166.441) , 166.433 (Findings regarding transfers of firearms) and 166.445 (Short title) were made a part of 166.432 (Definitions for ORS 166.412 and 166.433 to 166.441) to 166.445 (Short title) by law but were not added to or made a part of ORS chapter 166 or any other series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 166.432 — Definitions for ORS 166.412 and 166.433 to 166.441 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html (accessed May 26, 2025).
ORS § 164.388 — OR Code / Title 16 / Chapter 164 / Section 164.388
164.388 Preemption
Status: in_force

The provisions of ORS 137.131 (Community service as condition of probation for offense involving graffiti) , 164.381 (Definitions) to 164.386 (Unlawfully possessing a graffiti implement) and 419C.461 (Disposition for graffiti related offenses) are not intended to preempt any local regulation of graffiti or graffiti-related activities or any prosecution under ORS 164.345 (Criminal mischief in the third degree) , 164.354 (Criminal mischief in the second degree) or 164.365 (Criminal mischief in the first degree) . [1995 c.615 §7; 1999 c.1040 §6]

Note: See note under 164.381 (Definitions) .

Source: Section 164.388 — Preemption , https://www.­oregonlegislature.­gov/bills_laws/ors/ors164.­html (accessed May 26, 2025).
ORS § 163.775 — OR Code / Title 16 / Chapter 163 / Section 163.775
163.775 Renewal and modification of restraining order
Status: in_force

(1) Intentionally left blank —Ed.

(a) A circuit court may renew a restraining order entered under ORS 163.760 (Definitions for ORS 163.760 to 163.777) to 163.777 (Fees or undertaking may not be required) upon a finding that it is objectively reasonable for a person in the petitioner’s situation to fear for the person’s physical safety if the restraining order is not renewed. A finding that the respondent has subjected the petitioner to additional sexual abuse is not required.

(b) A circuit court may renew a restraining order on the basis of an ex parte petition alleging facts supporting the required finding. The petition must include allegations made under oath or affirmation or a declaration under penalty of perjury. If the renewal order is granted, the provisions of ORS 163.765 (Restraining order) (4) to (8) and 163.767 (Hearing) (3) apply, except that the court may hear no issue other than the basis for renewal, unless requested in the hearing request form and thereafter agreed to by the petitioner. The circuit court shall hold a hearing required under this paragraph within 21 days after the respondent’s request.

(2) At any time after the time period set forth in ORS 163.765 (Restraining order) (6):

(a) A party may request that the circuit court modify terms in the restraining order for good cause shown.

(b) A petitioner may request that the circuit court remove terms in the restraining order or make terms in the order less restrictive. Application to the circuit court under this paragraph may be by ex parte motion.

(3) The clerk of the court shall provide without charge the number of certified true copies of the request for modification of the restraining order and notice of hearing necessary to effect service and, at the election of the party requesting the modification, shall have a true copy of the request and notice delivered to the county sheriff for service upon the other party.

(4) The county sheriff shall serve the other party with a request for modification of a restraining order under subsection (2)(a) of this section by personal service, unless the party requesting the modification elects to have the other party personally served by a private party or unless otherwise ordered by the circuit court.

(5) The provisions of ORS 163.767 (Hearing) (3) apply to a modification of a restraining order under this section.

(6) The clerk of the court shall deliver a copy of an order of modification entered under this section to the county sheriff for service and entry into the Law Enforcement Data System as provided in ORS 163.773 (Enforcement of restraining order) .

(7) Intentionally left blank —Ed.

(a) The county sheriff shall serve a copy of an order of modification:

(A) Entered under subsection (2)(a) of this section by personal service on the nonrequesting party.

(B) Entered under subsection (2)(b) of this section by mailing a copy of the order of modification to the respondent by first class mail.

(b) If the order of modification recites that the respondent appeared in person before the circuit court, the necessity for service of the order and proof of service is waived.

(8) A restraining order entered under ORS 163.760 (Definitions for ORS 163.760 to 163.777) to 163.777 (Fees or undertaking may not be required) may not be terminated on motion of the petitioner, unless the motion is notarized. [2013 c.687 §7; 2015 c.121 §24]

Note: See note under 163.760 (Definitions for ORS 163.760 to 163.777) .

Source: Section 163.775 — Renewal and modification of restraining order , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 167.167 — OR Code / Title 16 / Chapter 167 / Section 167.167
167.167 Cheating
Status: in_force

(1) A person commits the crime of cheating if the person, while in the course of participating or attempting to participate in any legal or illegal gambling activity, directly or indirectly:

(a) Employs or attempts to employ any device, scheme or artifice to defraud any other participant or any operator;

(b) Engages in any act, practice or course of operation that operates or would operate as a fraud or deceit upon any other participant or any operator;

(c) Engages in any act, practice or course of operation with the intent of cheating any other participant or the operator to gain an advantage in the game over the other participant or operator; or

(d) Causes, aids, abets or conspires with another person to cause any other person to violate paragraphs (a) to (c) of this subsection.

(2) As used in this section, “deceit,” “defraud” and “fraud” are not limited to common law deceit or fraud.

(3) Cheating is a Class C felony. [1997 c.867 §20]

Source: Section 167.167 — Cheating , https://www.­oregonlegislature.­gov/bills_laws/ors/ors167.­html (accessed May 26, 2025).
ORS § 166.279 — OR Code / Title 16 / Chapter 166 / Section 166.279
166.279 Forfeiture of deadly weapons
Status: in_force

(1) Except as provided in subsection (4) of this section, ORS 131.550 (Definitions for ORS 131.550 to 131.600) to 131.600 (Record keeping and reporting requirements) do not apply to the forfeiture of a firearm or other deadly weapon that was possessed, used or available for use to facilitate a criminal offense.

(2) Except as provided in subsection (3) of this section, at the time of sentencing for any criminal offense in which a firearm or other deadly weapon was possessed, used or available for use to facilitate the offense, the court shall declare the weapon to be contraband and order that the weapon be forfeited.

(3) If a firearm or other deadly weapon that was possessed, used or available for use to facilitate a criminal offense was stolen from its lawful owner and was recovered from a person other than the lawful owner, the court may not order that the weapon be forfeited but shall order that the weapon be restored to the lawful owner as soon as the weapon is no longer needed for evidentiary purposes.

(4) The court shall release a firearm or other deadly weapon forfeited under subsection (2) of this section to the law enforcement agency that seized the weapon. The law enforcement agency may destroy or sell the weapon, use the weapon as a service weapon or use the weapon for training, identification or demonstration purposes. When a weapon is sold pursuant to this subsection, the law enforcement agency shall pay the proceeds from the sale, less the costs of the sale, as provided in ORS 131.594 (Disposition and distribution of forfeited property when seizing agency not the state) and 131.597 (Disposition and distribution of forfeited property when seizing agency is the state) .

(5) As used in this section, “deadly weapon” has the meaning given that term in ORS 161.015 (General definitions) . [2003 c.614 §4; 2005 c.830 §24]

Source: Section 166.279 — Forfeiture of deadly weapons , https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html (accessed May 26, 2025).
ORS § 166.355 — OR Code / Title 16 / Chapter 166 / Section 166.355
166.355 Manufacture, importation, possession, use, purchase, sale or transfer of large-capacity magazine
Status: in_force

(1) As used in this section:

(a) “Armed Forces of the United States” has the meaning given that term in ORS 348.282.

(b) “Detachable magazine” means an ammunition feeding device that can be loaded or unloaded while detached from a firearm and readily inserted in a firearm.

(c) “Fixed magazine” means an ammunition feeding device contained in or permanently attached to a firearm in such a manner that the device cannot be removed without disassembly of the firearm action.

(d) “Large-capacity magazine” means a fixed or detachable magazine, belt, drum, feed strip, helical feeding device, or similar device, including any such device joined or coupled with another in any manner, or a kit with such parts, that has an overall capacity of, or that can be readily restored, changed, or converted to accept, more than 10 rounds of ammunition and allows a shooter to keep firing without having to pause to reload, but does not include any of the following:

(A) An ammunition feeding device that has been permanently altered so that it is not capable, now or in the future, of accepting more than 10 rounds of ammunition;

(B) An attached tubular device designed to accept, and capable of operating only with 0.22 caliber rimfire ammunition; or

(C) A tubular ammunition feeding device that is contained in a lever-action firearm.

(e) “Loaded” has the meaning given that term in ORS 166.360 (Definitions for ORS 166.360 to 166.380) .

(f) “Person” means any natural person, corporation, partnership, fire or association.

(2) Notwithstanding ORS 166.250 (Unlawful possession of firearms) to 166.470 (Limitations and conditions for sales of firearms) , and except as expressly provided in subsections (3) to (5) of this section, a person commits the crime of unlawful manufacture, importation, possession, use, purchase, sale or otherwise transferring of large-capacity magazines if the person manufactures, imports, possesses, uses, purchases, sells or otherwise transfers any large-capacity magazine in Oregon on or after December 8, 2022.

(3) Subsection (2) of this section does not apply during the first 180 days following December 8, 2022, with respect to:

(a) A licensed gun dealer that within 180 days of December 8, 2022:

(A) Transfers or sells the large-capacity magazines in the gun dealer’s inventory to a nonresident gun dealer or other transferee outside of this state;

(B) Purchases or acquires temporary custody from an owner of any large-capacity magazine for permanent removal from this state within 180 days of December 8, 2022;

(C) Permanently alters any large-capacity magazine in the gun dealer’s inventory or custody so that it is not capable, upon alteration or in the future, of accepting more than 10 rounds of ammunition or permanently alter the magazine so it is no longer a; or

(D) Permanently disposes of the large-capacity magazines in the gun dealer’s custody or inventory.

(b) A firearms manufacturer, properly licensed under federal, state and local law, that is a party to a contract, in existence and binding on December 8, 2022, with an entity outside of this state, for the manufacture of large-capacity magazines, provided that:

(A) All manufacturing is completed no later than 180 days after December 8, 2022; and

(B) The entity outside of Oregon receiving the large-capacity magazines is made aware in writing on or before the delivery of the ammunition devices of the restrictions pertaining to large-capacity magazines in this state as set forth in chapter 1, Oregon Laws 2023.

(4) Subsection (2) of this section does not apply at any time to:

(a) A firearms manufacturer properly licensed under federal, state and local law that manufactures large-capacity magazines, provided:

(A) The manufacturing is for exclusive sale or transfer to the Armed Forces of the United States or a law enforcement agency and solely for authorized use by that entity related to the official duties of the entity; and

(B) Any large-capacity magazine, permitted to be manufactured under paragraph (a)(A) of this subsection after December 8, 2022, shall include a permanent stamp or marking indicating that the large-capacity magazine was manufactured or assembled after December 8, 2022. The stamp or marking must be legibly and conspicuously engraved or cast upon the outer surface of the large-capacity magazine. The department may promulgate such rules as may be necessary for the implementation of this section, including but not limited to rules requiring such large-capacity magazine be stamped with information indicating the limitation for use only by military and law enforcement or such other identification to distinguish clearly large-capacity magazines manufactured after December 8, 2022. Except as provided in subsection (3)(b) of this section, no large-capacity magazines without such stamp may be manufactured in this state after December 8, 2022.

(b) A licensed gun dealer that sells or otherwise transfers large-capacity magazines to the Armed Forces of the United States or a law enforcement agency solely for authorized use by that entity, provided the large-capacity magazines have been engraved as provided in paragraph (a)(B) of this subsection.

(c) Any government officer, agent or employee, member of the Armed Forces of the United States or peace officer, as that term is defined in ORS 133.005 (Definitions for ORS 133.005 to 133.400 and 133.410 to 133.450) , that is authorized to acquire, possess or use a large-capacity magazine provided that any acquisition, possession or use is related directly to activities within the scope of that person’s official duties.

(5) As of December 8, 2022, it shall be an affirmative defense, as provided in ORS 166.055, to the unlawful possession, use and transfer of a large-capacity magazine in this state by any person, provided that:

(a) The large-capacity magazine was owned by the person before December 8, 2022, and maintained in the person’s control or possession; or

(b) The possession of a large-capacity magazine was obtained by a person who, on or after December 8, 2022, acquired possession of the large-capacity magazine by operation of law upon the death of a former owner who was in legal possession of the large-capacity magazine; and

(c) In addition to either paragraph (a) or (b) of this subsection the owner has not maintained the large-capacity magazine in a manner other than:

(A) On property owned or immediately controlled by the registered owner;

(B) On the premises of a gun dealer or gunsmith licensed under 18 U.S.C. 923 for the purpose of lawful service or repair;

(C) While engaging in the legal use of the large-capacity magazine, at a public or private shooting range or shooting gallery or for recreational activities such as hunting, to the extent permitted under state law; or

(D) While participating in firearms competition or exhibition, display or educational project about firearms sponsored, conducted by, approved or under the auspices of a law enforcement agency or a national or state-recognized entity that fosters proficiency in firearms use or promotes firearms education; and

(E) While transporting any large-capacity magazines in a vehicle to one of the locations authorized in paragraph (c)(A) to (D) of this subsection, the large-capacity magazine is not inserted into the firearm and is locked in a separate container.

(d) The person has permanently and voluntarily relinquished the large-capacity magazine to law enforcement or to a buyback or turn-in program approved by law enforcement, prior to commencement of prosecution by arrest, citation or a formal charge.

(6) Unlawful manufacture, importation, possession, use, purchase, sale or otherwise transferring of a large-capacity magazine is a Class A misdemeanor. [2023 c.1 §11]

Note: The Act that comprises chapter 1, Oregon Laws 2023 (Ballot Measure 114 (2022)), was proposed by initiative petition and was approved by the people at the regular general election on November 8, 2022. By proclamation of the Governor dated December 8, 2022, the Act was declared to have received an affirmative majority of the total number of votes cast thereon and to be in full force and effect as provided in Article IV, section 1, of the Oregon Constitution. However, implementation of the Act has been permanently enjoined by the Harney County Circuit Court. See Arnold v. Kotek, Harney County Circuit Court Case No. 22CV41008.

Note: Chapter 1, Oregon Laws 2023 (Ballot Measure 114 (2022)), provided that 166.355 (Manufacture, importation, possession, use, purchase, sale or transfer of large-capacity magazine) , 166.412 (Definitions) , 166.435 (Firearm transfers by unlicensed persons) , 166.436 (Department of State Police criminal background checks for gun show firearm transfers) , 166.438 (Transfer of firearms at gun shows) , 166.500 (Findings) , 166.503 (Definitions) , 166.505 (Permits to purchase firearms) , 166.508 (Denial of application) and 166.512 (Severability) and section 10, chapter 1, Oregon Laws 2023, were added to and made a part of ORS 166.210 (Definitions) to 166.490 (Purchase of firearms in certain other states) , a nonexistent series. This series has not been included in the Oregon Revised Statutes.

Note: 166.355 (Manufacture, importation, possession, use, purchase, sale or transfer of large-capacity magazine) , 166.503 (Definitions) , 166.505 (Permits to purchase firearms) and 166.508 (Denial of application) were enacted as part of Ballot Measure 114 (2022). The measure also amended ORS 166.412 (Definitions) , 166.435 (Firearm transfers by unlicensed persons) , 166.436 (Department of State Police criminal background checks for gun show firearm transfers) and 166.438 (Transfer of firearms at gun shows) . The measure included a preamble, unit captions and section captions. The preamble and captions have not been included in the Oregon Revised Statutes, but are available by accessing chapter 1, Oregon Laws 2023.

Note: Legislative Counsel has substituted “chapter 1, Oregon Laws 2023,” for the words “this 2022 Act,”, “this Act” and “this Chapter” in sections 2, 11 and 12, chapter 1, Oregon Laws 2023, compiled as ORS 166.355 (Manufacture, importation, possession, use, purchase, sale or transfer of large-capacity magazine) , 166.500 (Findings) and 166.512 (Severability) . Specific ORS references have not been substituted, pursuant to 173.160 (Powers and duties of Legislative Counsel in preparing editions for publication) . The sections for which substitution otherwise would be made may be determined by referring to the 2023 Comparative Section Table located in Volume 22 of ORS.

Source: Section 166.355 — Manufacture, importation, possession, use, purchase, sale or transfer of large-capacity magazine , https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html (accessed May 26, 2025).
ORS § 166.400 — OR Code / Title 16 / Chapter 166 / Section 166.400
166.400 Requirement that firearm be locked during transfer
Status: in_force

(1) If a person transfers a firearm and a criminal background check under ORS 166.435 (Firearm transfers by unlicensed persons) is required prior to the transfer, the person shall transfer the firearm:

(a) With an engaged trigger or cable lock; or

(b) In a locked container.

(2) Intentionally left blank —Ed.

(a) A violation of subsection (1) of this section is a Class C violation.

(b) Each firearm transferred in violation of subsection (1) of this section constitutes a separate violation.

(3) If a firearm transferred in a manner that violates subsection (1) of this section is used to injure a person or property within two years of the violation, in an action against the transferor to recover damages for the injury, the violation of subsection (1) of this section constitutes per se negligence, and the presumption of negligence may not be overcome by a showing that the transferor acted reasonably.

(4) Subsection (3) of this section does not apply if the injury results from a lawful act of self-defense or defense of another person.

(5) This section does not apply to:

(a) The transfer of a firearm made inoperable for the specific purpose of being used as a prop in the making of a motion picture or a television, digital or similar production.

(b) A transfer that occurs when a firearm is taken from the owner or possessor of the firearm by force. [2021 c.146 §4]

Source: Section 166.400 — Requirement that firearm be locked during transfer; penalties; civil liability , https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html (accessed May 26, 2025).
ORS § 161.095 — OR Code / Title 16 / Chapter 161 / Section 161.095
161.095 Requirements for criminal liability
Status: in_force

(1) The minimal requirement for criminal liability is the performance by a person of conduct which includes a voluntary act or the omission to perform an act which the person is capable of performing.

(2) Except as provided in ORS 161.105 (Culpability requirement inapplicable to certain violations and offenses) , a person is not guilty of an offense unless the person acts with a culpable mental state with respect to each material element of the offense that necessarily requires a culpable mental state. [1971 c.743 §8]

Source: Section 161.095 — Requirements for criminal liability , https://www.­oregonlegislature.­gov/bills_laws/ors/ors161.­html (accessed May 26, 2025).
ORS § 161.045 — OR Code / Title 16 / Chapter 161 / Section 161.045
161.045 Limits on application
Status: in_force

(1) Except as otherwise expressly provided, the procedure governing the accusation, prosecution, conviction and punishment of offenders and offenses is not regulated by chapter 743, Oregon Laws 1971, but by the criminal procedure statutes.

(2) Chapter 743, Oregon Laws 1971, does not affect any power conferred by law upon a court-martial or other military authority or officer to prosecute and punish conduct and offenders violating military codes or laws.

(3) Chapter 743, Oregon Laws 1971, does not bar, suspend or otherwise affect any right or liability to damages, penalty, forfeiture or other remedy authorized by law to be recovered or enforced in a civil action, regardless of whether the conduct involved in the proceeding constitutes an offense defined in chapter 743, Oregon Laws 1971.

(4) No conviction of a person for an offense works a forfeiture of the property of the person, except in cases where a forfeiture is expressly provided by law. [1971 c.743 §6]

Note: See note under 161.015 (General definitions) .

Source: Section 161.045 — Limits on application , https://www.­oregonlegislature.­gov/bills_laws/ors/ors161.­html (accessed May 26, 2025).
ORS § 163.690 — OR Code / Title 16 / Chapter 163 / Section 163.690
163.690 Lack of knowledge of age of child as affirmative defense
Status: in_force

It is an affirmative defense to any prosecution under ORS 163.684 (Encouraging child sexual abuse in the first degree) , 163.686 (Encouraging child sexual abuse in the second degree) , 163.687 (Encouraging child sexual abuse in the third degree) or 163.693 (Failure to report child pornography) that the defendant, at the time of engaging in the conduct prohibited therein, did not know and did not have reason to know that the relevant sexually explicit conduct involved a child. [1985 c.557 §7; 1987 c.864 §13; 1991 c.664 §9; 1995 c.768 §7]

Source: Section 163.690 — Lack of knowledge of age of child as affirmative defense , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 163.107 — OR Code / Title 16 / Chapter 163 / Section 163.107
163.107 Murder in the first degree
Status: in_force

(1) “Murder in the first degree” means murder in the second degree as defined in ORS 163.115 (Murder in the second degree) which is committed under, or accompanied by, any of the following circumstances:

(a) The defendant committed the murder pursuant to an agreement that the defendant receive money or other thing of value for committing the murder.

(b) The defendant solicited another to commit the murder and paid or agreed to pay the person money or other thing of value for committing the murder.

(c) The defendant committed murder after having been convicted previously in any jurisdiction of any homicide, the elements of which constitute the crime of aggravated murder as defined in ORS 163.095 (“Aggravated murder” defined) , murder in the first degree under this section, murder in the second degree as defined in ORS 163.115 (Murder in the second degree) or manslaughter in the first degree as defined in ORS 163.118 (Manslaughter in the first degree) .

(d) There was more than one murder victim in the same criminal episode as defined in ORS 131.505 (Definitions for ORS 131.505 to 131.525) .

(e) The homicide occurred in the course of or as a result of intentional maiming or torture of the victim.

(f) The victim of the intentional homicide was a person under the age of 14 years.

(g) The victim was one of the following and the murder was related to the performance of the victim’s official duties in the justice system:

(A) A police officer as defined in ORS 181A.355 (Definitions for ORS 181A.355 to 181A.689) ;

(B) A correctional, parole and probation officer or other person charged with the duty of custody, control or supervision of convicted persons;

(C) A member of the Oregon State Police;

(D) A judicial officer as defined in ORS 1.210 (Judicial officer defined) ;

(E) A juror or witness in a criminal proceeding;

(F) An employee or officer of a court of justice;

(G) A member of the State Board of Parole and Post-Prison Supervision; or

(H) A regulatory specialist.

(h) The defendant was confined in a state, county or municipal penal or correctional facility or was otherwise in custody when the murder occurred.

(i) The defendant committed murder by means of an explosive as defined in ORS 164.055 (Theft in the first degree) .

(j) Notwithstanding ORS 163.115 (Murder in the second degree) (1)(b), the defendant personally and intentionally committed the homicide under the circumstances set forth in ORS 163.115 (Murder in the second degree) (1)(b).

(k) The murder was committed in an effort to conceal the commission of a crime, or to conceal the identity of the perpetrator of a crime.

(L) The murder was committed after the defendant had escaped from a state, county or municipal penal or correctional facility and before the defendant had been returned to the custody of the facility.

(2) Intentionally left blank —Ed.

(a) Except as otherwise provided in ORS 163.155 (Sentencing for murder of pregnant victim) and paragraph (b) of this subsection, the court shall sentence a person convicted of murder in the first degree, who was at least 15 years of age at the time of committing the murder, to life imprisonment. The court shall order that the defendant be confined for a minimum of 30 years without possibility of parole or release to post-prison supervision except as provided in ORS 144.397 (Release eligibility for juvenile offenders after 15 years of imprisonment) , and without the possibility of release on work release or any form of temporary leave or employment at a forest or work camp.

(b) The court may sentence the person to life imprisonment without the possibility of parole if the person was at least 18 years of age at the time of committing the murder. The court shall state on the record the reasons for imposing the sentence. A person sentenced to life imprisonment without the possibility of release or parole under this paragraph shall not have that sentence suspended, deferred or commuted by any judicial officer, and the State Board of Parole and Post-Prison Supervision may not parole the prisoner nor reduce the period of confinement in any manner whatsoever. The Department of Corrections or any executive official may not permit the prisoner to participate in any sort of release or furlough program.

(3) Intentionally left blank —Ed.

(a) For a person sentenced to life imprisonment, at any time after completion of the minimum period of confinement described in subsection (2)(a) of this section, 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.

(b) 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.

(c) 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) .

(d) 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. [2019 c.635 §3; 2019 c.635 §3a]

Source: Section 163.107 — Murder in the first degree; sentence of life imprisonment required; minimum term , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 161.365 — OR Code / Title 16 / Chapter 161 / Section 161.365
161.365 Procedure for determining issue of fitness to proceed
Status: in_force

(1) Intentionally left blank —Ed.

(a) When the court has reason to doubt the defendant’s fitness to proceed by reason of incapacity as described in ORS 161.360 (Qualifying mental disorder affecting fitness to proceed) , the court may call any witness to assist it in reaching its decision and, except as provided in paragraph (b) of this subsection, shall order that a community mental health program director, or the director’s designee, consult with the defendant and with any local entity that would be responsible for providing community restoration services to the defendant if the defendant were to be released in the community, to determine whether appropriate community restoration services are present and available in the community. After the consultation, the program director or the director’s designee shall provide to the court a copy of the findings resulting from the consultation.

(b) If the defendant is charged with one or more of the following offenses the court is not required to, but may in its discretion, order the consultation described in paragraph (a) of this subsection:

(A) Aggravated murder;

(B) Murder in any degree;

(C) Attempted aggravated murder;

(D) Attempted murder in any degree;

(E) Manslaughter in any degree;

(F) Aggravated vehicular homicide;

(G) Arson in the first degree when classified as crime category 10 of the sentencing guidelines grid of the Oregon Criminal Justice Commission;

(H) Assault in the first degree;

(I) Assault in the second degree;

(J) Kidnapping in the first degree;

(K) Kidnapping in the second degree;

(L) Rape in the first degree;

(M) Sodomy in the first degree;

(N) Unlawful sexual penetration in the first degree;

(O) Robbery in the first degree; or

(P) Robbery in the second degree.

(c) If the court determines the assistance of a psychiatrist or psychologist would be helpful, the court may:

(A) Order that a psychiatric or psychological examination of the defendant be conducted by a certified evaluator and a report of the examination be prepared; or

(B) Order the defendant to be committed for the purpose of an examination to a state mental hospital or other facility designated by the Oregon Health Authority if the defendant is at least 18 years of age, or to a secure intensive community inpatient facility designated by the authority if the defendant is under 18 years of age. The state mental hospital or other facility may retain custody of a defendant committed under this paragraph for the duration necessary to complete the examination of the defendant, not to exceed 30 days. The examination may include a period of observation.

(d) The court shall provide a copy of any order entered under this subsection to the community mental health program director or designee and to the state mental hospital or other facility by the end of the next judicial day.

(2) Intentionally left blank —Ed.

(a) A defendant committed under subsection (1)(c)(B) of this section shall be transported to the state mental hospital or other facility for the examination.

(b) At the conclusion of the examination, the superintendent of the state mental hospital or the superintendent’s designee or the director of the facility may:

(A) Return the defendant to the facility from which the defendant was transported; or

(B) Inform the court and the parties that the defendant requires a hospital level of care due to the acuity of symptoms of the defendant’s qualifying mental disorder and request that the defendant remain at the state mental hospital or other facility pending a hearing or order under ORS 161.370 (Determination of fitness to proceed) .

(3) The report of an examination described in this section must include, but is not necessarily limited to, the following:

(a) A description of the nature of the examination;

(b) A statement of the mental condition of the defendant;

(c) If the defendant suffers from a qualifying mental disorder, an opinion as to whether the defendant is incapacitated within the description set out in ORS 161.360 (Qualifying mental disorder affecting fitness to proceed) ; and

(d) If the defendant is incapacitated within the description set out in ORS 161.360 (Qualifying mental disorder affecting fitness to proceed) , a recommendation of treatment and services necessary to allow the defendant to gain or regain capacity, including whether a hospital level of care is required due to the acuity of symptoms of the defendant’s qualifying mental disorder.

(4) Except when the defendant and the court both request to the contrary, the report may not contain any findings or conclusions as to whether the defendant as a result of a qualifying mental disorder was subject to the provisions of ORS 161.295 (Effect of qualifying mental disorder) or 161.300 (Evidence of qualifying mental disorder admissible as to intent) at the time of the criminal act charged.

(5) If the examination by the certified evaluator cannot be conducted by reason of the unwillingness of the defendant to participate in the examination, the report must so state and must include, if possible, an opinion as to whether the unwillingness of the defendant was the result of a qualifying mental disorder affecting fitness to proceed.

(6) The report resulting from the examination of a defendant under this section may be filed electronically and must be filed with the clerk of the court, who shall cause copies to be delivered to the district attorney and to counsel for defendant.

(7) Intentionally left blank —Ed.

(a) When upon motion of the court or a financially eligible defendant, the court has ordered a psychiatric or psychological examination of the defendant, a county or justice court shall order the county to pay, a municipal court shall order the city to pay, and a circuit court shall order the executive director of the Oregon Public Defense Commission to pay from funds available for the purpose:

(A) A reasonable fee if the examination of the defendant is conducted by a certified evaluator in private practice; and

(B) All costs including transportation of the defendant if the examination is conducted by a certified evaluator in the employ of the Oregon Health Authority or a community mental health program established under ORS 430.610 (Legislative policy) to 430.670 (Contracts to provide services) .

(b) When an examination is ordered at the request or with the acquiescence of a defendant who is determined not to be financially eligible, the examination shall be performed at the defendant’s expense. When an examination is ordered at the request of the prosecution, the county shall pay for the expense of the examination.

(8) The Oregon Health Authority shall establish by rule standards for the consultation described in subsection (1) of this section. [1971 c.743 §51; 1975 c.380 §4; 1981 s.s. c.3 §131; 1983 c.800 §11; 1987 c.803 §18; 1993 c.238 §2; 2001 c.962 §90; 2005 c.685 §5; 2009 c.595 §106; 2011 c.724 §7; 2015 c.130 §1; 2017 c.252 §25; 2017 c.634 §15; 2019 c.311 §4; 2019 c.318 §1; 2019 c.538 §1a; 2021 c.395 §6; 2023 c.281 §43]

Source: Section 161.365 — Procedure for determining issue of fitness to proceed; consultation; examination; report; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors161.­html (accessed May 26, 2025).
ORS § 166.267 — OR Code / Title 16 / Chapter 166 / Section 166.267
166.267 Importation, sale, transfer or possession of unfinished frame or receiver
Status: in_force

(1) Intentionally left blank —Ed.

(a) A person may not knowingly import into this state, offer for sale, sell or transfer an unfinished frame or receiver unless:

(A) The person is licensed as a firearm dealer under 18 U.S.C. 923;

(B) The name of the manufacturer and an individual serial number is conspicuously placed on the unfinished frame or receiver in accordance with the procedures for the serialization of a firearm in 18 U.S.C. 923(i) and all regulations under the authority of 18 U.S.C. 923(i), including but not limited to 27 C.F.R. 478.92; and

(C) The person maintains records relating to the unfinished frame or receiver in accordance with the procedures for record keeping related to firearms in 18 U.S.C. 923(g) and all regulations issued under the authority of 18 U.S.C. 923(g), including but not limited to 27 C.F.R. 478.121 to 478.134.

(b) Intentionally left blank —Ed.

(A) A violation of paragraph (a) of this subsection is a Class B violation.

(B) Notwithstanding subparagraph (A) of this paragraph, a violation of paragraph (a) of this subsection is a Class A misdemeanor if, at the time of the offense, the person has a prior conviction under this section or ORS 166.265 (Manufacture, importation, sale or transfer of undetectable firearm) or 166.266 (Sale, transfer or possession of firearm without serial number) .

(C) Notwithstanding subparagraphs (A) and (B) of this paragraph, a violation of paragraph (a) of this subsection constitutes a Class B felony if, at the time of the offense, the person has two or more prior convictions under this section or ORS 166.265 (Manufacture, importation, sale or transfer of undetectable firearm) or 166.266 (Sale, transfer or possession of firearm without serial number) .

(2) Intentionally left blank —Ed.

(a) A person may not knowingly possess an unfinished frame or receiver that is not serialized as provided in subsection (1)(a)(B) of this section, unless:

(A) The person is a federally licensed gun manufacturer; and

(B) The unfinished frame or receiver is an unfinished part within a manufacturing process that includes serialization.

(b) A violation of paragraph (a) of this subsection occurring before September 1, 2024, does not constitute an offense. [2023 c.229 §5]

Note: The amendments to 166.267 (Importation, sale, transfer or possession of unfinished frame or receiver) by section 9, chapter 229, Oregon Laws 2023, become operative September 1, 2024. See section 10, chapter 229, Oregon Laws 2023. The text that is operative on and after September 1, 2024, is set forth for the user’s convenience.

166.267 (Importation, sale, transfer or possession of unfinished frame or receiver) . (1)(a) A person may not knowingly import into this state, offer for sale, sell or transfer an unfinished frame or receiver unless:

(A) The person is licensed as a firearm dealer under 18 U.S.C. 923;

(B) The name of the manufacturer and an individual serial number is conspicuously placed on the unfinished frame or receiver in accordance with the procedures for the serialization of a firearm in 18 U.S.C. 923(i) and all regulations under the authority of 18 U.S.C. 923(i), including but not limited to 27 C.F.R. 478.92; and

(C) The person maintains records relating to the unfinished frame or receiver in accordance with the procedures for record keeping related to firearms in 18 U.S.C. 923(g) and all regulations issued under the authority of 18 U.S.C. 923(g), including but not limited to 27 C.F.R. 478.121 to 478.134.

(b) Intentionally left blank —Ed.

(A) A violation of paragraph (a) of this subsection is a Class B violation.

(B) Notwithstanding subparagraph (A) of this paragraph, a violation of paragraph (a) of this subsection is a Class A misdemeanor if, at the time of the offense, the person has a prior conviction under this section or ORS 166.265 (Manufacture, importation, sale or transfer of undetectable firearm) or 166.266 (Sale, transfer or possession of firearm without serial number) .

(C) Notwithstanding subparagraphs (A) and (B) of this paragraph, a violation of paragraph (a) of this subsection constitutes a Class B felony if, at the time of the offense, the person has two or more prior convictions under this section or ORS 166.265 (Manufacture, importation, sale or transfer of undetectable firearm) or 166.266 (Sale, transfer or possession of firearm without serial number) .

(2) Intentionally left blank —Ed.

(a) A person may not knowingly possess an unfinished frame or receiver that is not serialized as provided in subsection (1)(a)(B) of this section, unless:

(A) The person is a federally licensed gun manufacturer; and

(B) The unfinished frame or receiver is an unfinished part within a manufacturing process that includes serialization.

(b) Intentionally left blank —Ed.

(A) A violation of paragraph (a) of this subsection is a Class B violation.

(B) Notwithstanding subparagraph (A) of this paragraph, a violation of paragraph (a) of this subsection is a Class A misdemeanor if, at the time of the offense, the person has a prior conviction under this section or ORS 166.265 (Manufacture, importation, sale or transfer of undetectable firearm) or 166.266 (Sale, transfer or possession of firearm without serial number) .

(C) Notwithstanding subparagraphs (A) and (B) of this paragraph, a violation of paragraph (a) of this subsection is a Class C felony if, at the time of the offense, the person has two or more prior convictions under this section or ORS 166.265 (Manufacture, importation, sale or transfer of undetectable firearm) or 166.266 (Sale, transfer or possession of firearm without serial number) .

(3) A person convicted of any offense under this section shall forfeit the unfinished frame or receiver.

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

Source: Section 166.267 — Importation, sale, transfer or possession of unfinished frame or receiver , https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html (accessed May 26, 2025).
ORS § 165.013 — OR Code / Title 16 / Chapter 165 / Section 165.013
165.013 Forgery in the first degree
Status: in_force

(1) A person commits the crime of forgery in the first degree if the person violates ORS 165.007 (Forgery in the second degree) :

(a) And the written instrument is or purports to be any of the following:

(A) Part of an issue of money, securities, postage or revenue stamps, or other valuable instruments issued by a government or governmental agency;

(B) Part of an issue of stock, bonds or other instruments representing interests in or claims against any property or person;

(C) A deed, will, codicil, contract or assignment;

(D) A check for $1,000 or more, a credit card purchase slip for $1,000 or more, or a combination of checks and credit card purchase slips that, in the aggregate, total $1,000 or more, or any other commercial instrument or other document that does or may evidence, create, transfer, alter, terminate or otherwise affect a legal right, interest, obligation or status; or

(E) A public record; or

(b) By falsely making, completing or altering, or by uttering, at least 15 retail sales receipts, Universal Product Code labels, EAN-8 labels or EAN-13 labels or a combination of at least 15 retail sales receipts, Universal Product Code labels, EAN-8 labels or EAN-13 labels.

(2) The value of single check or credit card transactions may be added together under subsection (1)(a)(D) of this section if the transactions were committed:

(a) Against multiple victims within a 30-day period; or

(b) Against the same victim within a 180-day period.

(3) Forgery in the first degree is a Class C felony. [1971 c.743 §153; 1993 c.680 §25; 2005 c.761 §1]

Source: Section 165.013 — Forgery in the first degree , https://www.­oregonlegislature.­gov/bills_laws/ors/ors165.­html (accessed May 26, 2025).
ORS § 169.077 — OR Code / Title 16 / Chapter 169 / Section 169.077
169.077 Standards for lockup facilities
Status: in_force

Each lockup facility shall:

(1) Maintain 24-hour supervision when persons are 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.

(2) Make a personal inspection of each person confined at least once each hour.

(3) Prohibit firearms from the security area of the facility except in times of emergency as determined by the administrator of the facility.

(4) Ensure that confined detainees and prisoners will be fed daily at least three nutritionally adequate meals served at regular times, with no more than 14 hours between meals except when routinely absent from the facility for work or other such purposes.

(5) Forward, without examination or censorship, each prisoner’s outgoing written communications to the Governor, jail administrator, Attorney General, judge, Department of Corrections or the attorney of the prisoner.

(6) Provide rules of the facility governing correspondence and visitations.

(7) Keep the facility safe and secure in accordance with the State of Oregon Structural Specialty Code and Fire and Life Safety Code.

(8) Formulate and publish plans to meet emergencies involving escape, riots, assaults, fires, rebellions and other types of emergencies, and policies and regulations for the operation of the facility.

(9) Ensure that the facility be clean, provide mattresses and blankets that are clean and fire-retardant, and furnish materials to maintain personal hygiene.

(10) Provide for emergency medical and dental health, having written policies providing for review of the facility’s medical and dental plans by a licensed physician, physician assistant, naturopathic physician or nurse practitioner.

(11) In addition to the items listed in subsection (9) of this section, make available tampons, sanitary pads, postpartum pads and panty liners at no cost to all confined detainees and prisoners for use in connection with vaginal discharge. Facilities shall maintain a sufficient supply, which shall be stored, dispensed and disposed of in a sanitary manner. The supply of products available shall include at least the following:

(a) Regular absorbent and super absorbent tampons;

(b) Regular absorbent and super absorbent sanitary pads;

(c) Postpartum pads; and

(d) Regular absorbent panty liners. [1979 c.487 §7 (enacted in lieu of 169.075); 1987 c.320 §93; 2013 c.63 §3; 2014 c.45 §30; 2017 c.356 §21; 2019 c.489 §2]

Source: Section 169.077 — Standards for lockup facilities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors169.­html (accessed May 26, 2025).
ORS § 166.320 — OR Code / Title 16 / Chapter 166 / Section 166.320
166.320 Setting springgun or setgun
Status: in_force

(1) Any person who places or sets any loaded springgun, setgun, or any gun, firearm or other device of any kind designed for containing or firing explosives, in any place where it may be fired, exploded or discharged by the contact of any person or animal with any string, wire, rod, stick, spring or other contrivance affixed to or connected with it, or with its trigger, commits a Class B misdemeanor.

(2) Subsection (1) of this section does not apply to any loaded springgun, setgun, firearm or other device placed for the purpose of destroying gophers, moles or other burrowing rodents, and does not prevent the use of a coyote getter by employees of county, state or federal governments engaged in cooperative predatory animal control work. [Amended by 2011 c.597 §164]

Source: Section 166.320 — Setting springgun or setgun , https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html (accessed May 26, 2025).
ORS § 163.700 — OR Code / Title 16 / Chapter 163 / Section 163.700
163.700 Invasion of personal privacy in the second degree
Status: in_force

(1) Except as provided in ORS 163.702 (Exceptions to ORS 163.700 and 163.701) , a person commits the crime of invasion of personal privacy in the second degree if:

(a) Intentionally left blank —Ed.

(A) For the purpose of arousing or gratifying the sexual desire of the person, the person is in a location to observe another person in a state of nudity without the consent of the other person; and

(B) The other person is in a place and circumstances where the person has a reasonable expectation of personal privacy; or

(b) Intentionally left blank —Ed.

(A) The person knowingly makes or records a photograph, motion picture, videotape or other visual recording of another person’s intimate area without the consent of the other person; and

(B) The person being recorded has a reasonable expectation of privacy concerning the intimate area.

(2) As used in this section and ORS 163.701 (Invasion of personal privacy in the first degree) :

(a) “Intimate area” means nudity, or undergarments that are being worn by a person and are covered by clothing.

(b) “Makes or records a photograph, motion picture, videotape or other visual recording” includes, but is not limited to:

(A) Making or recording or employing, authorizing, permitting, compelling or inducing another person to make or record a photograph, motion picture, videotape or other visual recording.

(B) Making or recording a photograph, motion picture, videotape or other visual recording through the use of an unmanned aircraft system as defined in ORS 837.300 (Definitions) , even if the unmanned aircraft system is operated for commercial purposes in compliance with authorization granted by the Federal Aviation Administration.

(c) “Nudity” means any part of the uncovered or less than opaquely covered:

(A) Genitals;

(B) Pubic area; or

(C) Female breast below a point immediately above the top of the areola.

(d) “Places and circumstances where the person has a reasonable expectation of personal privacy” includes, but is not limited to, a bathroom, dressing room, locker room that includes an enclosed area for dressing or showering, tanning booth and any area where a person undresses in an enclosed space that is not open to public view.

(e) “Public view” means that an area can be readily seen and that a person within the area can be distinguished by normal unaided vision when viewed from a public place as defined in ORS 161.015 (General definitions) .

(f) “Reasonable expectation of privacy concerning the intimate area” means that the person intended to protect the intimate area from being seen and has not exposed the intimate area to public view.

(3) Invasion of personal privacy in the second degree is a Class A misdemeanor. [1997 c.697 §1; 2001 c.330 §1; 2009 c.877 §1; 2013 c.1 §11; 2015 c.321 §§1,4; 2016 c.72 §11]

Note: 163.700 (Invasion of personal privacy in the second degree) , 163.701 (Invasion of personal privacy in the first degree) and 163.702 (Exceptions to ORS 163.700 and 163.701) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 163.700 — Invasion of personal privacy in the second degree , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 163.665 — OR Code / Title 16 / Chapter 163 / Section 163.665
163.665 Definitions
Status: in_force

As used in ORS 163.665 (Definitions) to 163.693 (Failure to report child pornography) :

(1) “Child” means a person who is less than 18 years of age, and any reference to a child in relation to a visual recording of the child is a reference to a person who was less than 18 years of age at the time the original image in the visual recording was created and not the age of the person at the time of an alleged offense relating to the subsequent reproduction, use or possession of the visual recording.

(2) “Child abuse” means conduct that constitutes, or would constitute if committed in this state, a crime in which the victim is a child.

(3) “Sexually explicit conduct” means actual or simulated:

(a) Sexual intercourse or deviant sexual intercourse;

(b) Genital-genital, oral-genital, anal-genital or oral-anal contact, whether between persons of the same or opposite sex or between humans and animals;

(c) Penetration of the vagina or rectum by any object other than as part of a medical diagnosis or treatment or as part of a personal hygiene practice;

(d) Masturbation;

(e) Sadistic or masochistic abuse; or

(f) Lewd exhibition of sexual or other intimate parts.

(4) “Visual depiction” includes, but is not limited to, visual recordings, pictures and computer-generated images and pictures, whether made or produced by electronic, mechanical or other means.

(5) “Visual recording” includes, but is not limited to, photographs, films, videotapes and computer and other digital pictures, regardless of the manner in which the recording is stored. [1985 c.557 §2; 1987 c.864 §1; 1991 c.664 §4; 1995 c.768 §4; 1997 c.719 §5; 2011 c.515 §1]

Source: Section 163.665 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 163a.115 — OR Code / Title 16 / Chapter 163a / Section 163a.115
163A.115 When certain classification required
Status: in_force

Notwithstanding any other provision of law:

(1) A person who is a sexually violent dangerous offender under ORS 137.765 (Sexually violent dangerous offenders) :

(a) Must be classified as a level three sex offender under ORS 163A.100 (Risk assessment methodology) (3); and

(b) Is not eligible for relief from the obligation to report as a sex offender or reclassification as a level two sex offender under ORS 163A.100 (Risk assessment methodology) (2), pursuant to a petition filed under ORS 163A.125 (Relief from reporting obligation for sex offenders classified under ORS 163A.100) .

(2) A person who has been convicted or found guilty except for insanity of one of the following offenses is not eligible for relief from the obligation to report as a sex offender pursuant to a petition filed under ORS 163A.125 (Relief from reporting obligation for sex offenders classified under ORS 163A.100) (1):

(a) Rape in the first degree;

(b) Sodomy in the first degree;

(c) Unlawful sexual penetration in the first degree;

(d) Kidnapping in the first degree as described in ORS 163.235 (Kidnapping in the first degree) (1)(e) or when the victim is under 18 years of age; or

(e) Burglary in the first degree when committed with the intent to commit any of the offenses listed in ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235) (5)(a) to (x).

(3) A person classified as a level three sex offender under section 7 (2)(b), chapter 708, Oregon Laws 2013, is not eligible for relief from the obligation to report as a sex offender pursuant to a petition filed under ORS 163A.125 (Relief from reporting obligation for sex offenders classified under ORS 163A.100) (1). [Formerly 181.803; 2023 c.200 §5]

Note: Section 35, chapter 708, Oregon Laws 2013, provides:

Sec. 35. Sections 4 to 6 of this 2013 Act [ 163A.115 (When certain classification required) , 163A.125 (Relief from reporting obligation for sex offenders classified under ORS 163A.100) and 163A.215 (Release of sex offender information according to classification) ] apply to persons for whom the event triggering the obligation to make an initial report, as defined in section 3 of this 2013 Act [ 163A.110 (Applicability of ORS 163A.105) ], occurs before, on or after January 1, 2014. [2013 c.708 §35; 2013 c.708 §36]

Source: Section 163A.115 — When certain classification required; persons ineligible for relief from reporting obligation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163A.­html (accessed May 26, 2025).
ORS § 169.105 — OR Code / Title 16 / Chapter 169 / Section 169.105
169.105 Unconscious person not to be admitted to custody in facility
Status: in_force

No person who is unconscious shall be admitted to custody in a facility described in ORS 169.005 (Definitions for ORS 169.005 to 169.685 and 169.730 to 169.800) , but shall instead be taken immediately to the nearest appropriate medical facility for medical diagnosis, care and treatment. [1983 c.547 §2]

Source: Section 169.105 — Unconscious person not to be admitted to custody in facility , https://www.­oregonlegislature.­gov/bills_laws/ors/ors169.­html (accessed May 26, 2025).
ORS § 165.017 — OR Code / Title 16 / Chapter 165 / Section 165.017
165.017 Criminal possession of a forged instrument in the second degree
Status: in_force

(1) A person commits the crime of criminal possession of a forged instrument in the second degree if, knowing it to be forged and with intent to utter same, the person possesses a forged instrument.

(2) Criminal possession of a forged instrument in the second degree is a Class A misdemeanor. [1971 c.743 §154]

Source: Section 165.017 — Criminal possession of a forged instrument in the second degree , https://www.­oregonlegislature.­gov/bills_laws/ors/ors165.­html (accessed May 26, 2025).
ORS § 163a.060 — OR Code / Title 16 / Chapter 163a / Section 163a.060
163A.060 Offender profiling
Status: in_force

(1) For those sex offenders classified as a level three sex offender under ORS 163A.100 (Risk assessment methodology) (3), or designated as a predatory sex offender prior to January 1, 2014, the supervising agency or the agency making the classification or designation shall provide the Department of State Police, by electronic or other means, at the termination of supervision, with the following information for the purpose of offender profiling:

(a) Presentence investigations;

(b) Violation reports;

(c) Parole and probation orders;

(d) Conditions of parole and probation and other corrections records;

(e) Sex offender risk assessments; and

(f) Any other information that the supervising agency or the agency making the classification or designation determines is appropriate disclosure of which is not otherwise prohibited by law.

(2) The Oregon Youth Authority and county juvenile departments shall provide access to information in their files to the Oregon State Police for the purpose of offender profiling.

(3) Intentionally left blank —Ed.

(a) Except as otherwise provided by law, the Oregon State Police may not disclose information received under subsection (1) or (2) of this section.

(b) The Department of State Police may release information on the methodology of offenses and behavior profiles derived from information received under subsection (1) or (2) of this section to local law enforcement agencies. [Formerly 181.817]

Source: Section 163A.060 — Offender profiling , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163A.­html (accessed May 26, 2025).
ORS § 167.310 — OR Code / Title 16 / Chapter 167 / Section 167.310
167.310 Definitions for ORS 167.310 to 167.351
Status: in_force

As used in ORS 167.310 (Definitions for ORS 167.310 to 167.351) to 167.351 (Trading in nonambulatory livestock) :

(1) “Adequate bedding” means bedding of sufficient quantity and quality to permit a domestic animal to remain dry and reasonably clean and maintain a normal body temperature.

(2) Intentionally left blank —Ed.

(a) “Adequate shelter” includes a barn, doghouse or other enclosed structure sufficient to protect a domestic animal from wind, rain, snow or sun, that has adequate bedding to protect against cold and dampness and that is maintained to protect the domestic animal from weather and physical injury.

(b) “Adequate shelter” does not include:

(A) Crawl spaces under buildings or parts of buildings, such as steps, decks or stoops;

(B) The space under a vehicle;

(C) The inside of a vehicle if the domestic animal is kept in the vehicle in a manner or for a length of time that is likely to be detrimental to the domestic animal’s health or safety;

(D) Shelters made from cardboard or other materials that are easily degraded by the elements;

(E) Animal carriers or crates that are designed to provide temporary housing;

(F) Shelters with wire or chain-link floors, unless the domestic animal is a bird; or

(G) Shelters surrounded by waste, debris, obstructions or impediments that could adversely affect an animal’s health.

(3) “Animal” means any nonhuman mammal, bird, reptile, amphibian or fish.

(4) “Domestic animal” means an animal, other than livestock or equines, that is owned or possessed by a person.

(5) “Equine” means a horse, pony, donkey, mule, hinny, zebra or a hybrid of any of these animals.

(6) “Good animal husbandry” includes, but is not limited to, the dehorning of cattle, the docking of horses, sheep or swine, and the castration or neutering of livestock, according to accepted practices of veterinary medicine or animal husbandry.

(7) “Law enforcement animal” means a dog or horse used in law enforcement work under the control of a corrections officer, parole and probation officer, police officer or youth correction officer, as those terms are defined in ORS 181A.355 (Definitions for ORS 181A.355 to 181A.689) , who has successfully completed at least 360 hours of training in the care and use of a law enforcement animal, or who has passed the demonstration of minimum standards established by the Oregon Police Canine Association or other accredited and recognized animal handling organization.

(8) Intentionally left blank —Ed.

(a) “Livestock,” except as provided in paragraph (b) of this subsection, has the meaning provided in ORS 609.125 (Definition of “livestock.”) .

(b) “Livestock” does not include psittacines.

(9) “Minimum care” means care sufficient to preserve the health and well-being of an animal and, except for emergencies or circumstances beyond the reasonable control of the owner, includes, but is not limited to, the following requirements:

(a) Food of sufficient quantity and quality to allow for normal growth or maintenance of body weight.

(b) Open or adequate access to potable water in sufficient quantity to satisfy the animal’s needs. Access to snow or ice is not adequate access to potable water.

(c) For a domestic animal other than a dog engaged in herding or protecting livestock, access to adequate shelter.

(d) Veterinary care deemed necessary by a reasonably prudent person to relieve distress from injury, neglect or disease.

(e) For a domestic animal, continuous access to an area:

(A) With adequate space for exercise necessary for the health of the animal;

(B) With air temperature suitable for the animal; and

(C) Kept reasonably clean and free from excess waste or other contaminants that could affect the animal’s health.

(f) For a livestock animal that cannot walk or stand without assistance:

(A) Humane euthanasia; or

(B) The provision of immediate and ongoing care to restore the animal to an ambulatory state.

(10) “Physical injury” means physical trauma, impairment of physical condition or substantial pain.

(11) “Physical trauma” means fractures, cuts, punctures, bruises, burns or other wounds.

(12) “Possess” has the meaning provided in ORS 161.015 (General definitions) .

(13) “Serious physical injury” means physical injury that creates a substantial risk of death or that causes protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of a limb or bodily organ.

(14) Intentionally left blank —Ed.

(a) “Tethering” means to restrain a domestic animal by tying the domestic animal to any object or structure by any means.

(b) “Tethering” does not include using a handheld leash for the purpose of walking a domestic animal. [1985 c.662 §1; 1995 c.663 §3; 1999 c.756 §13; 2001 c.926 §7; 2003 c.543 §6; 2003 c.549 §1; 2005 c.264 §18; 2009 c.233 §2; 2013 c.382 §3; 2017 c.677 §2]

Source: Section 167.310 — Definitions for ORS 167.310 to 167.351 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors167.­html (accessed May 26, 2025).
ORS § 163.448 — OR Code / Title 16 / Chapter 163 / Section 163.448
163.448 Definitions for ORS 163.452 and 163.454
Status: in_force

As used in ORS 163.452 (Custodial sexual misconduct in the first degree) and 163.454 (Custodial sexual misconduct in the second degree) , “correctional facility” has the meaning given that term in ORS 162.135 (Definitions for ORS 162.135 to 162.205) . [2005 c.488 §2]

Source: Section 163.448 — Definitions for ORS 163.452 and 163.454 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 167.080 — OR Code / Title 16 / Chapter 167 / Section 167.080
167.080 Displaying obscene materials to minors
Status: in_force

(1) A person commits the crime of displaying obscene materials to minors if, being the owner, operator or manager of a business or acting in a managerial capacity, the person knowingly or recklessly permits a minor who is not accompanied by the parent or lawful guardian of the minor to enter or remain on the premises, if in that part of the premises where the minor is so permitted to be, there is visibly displayed:

(a) Any picture, photograph, drawing, sculpture or other visual representation or image of a person or portion of the human body that depicts nudity, sexual conduct, sexual excitement or sadomasochistic abuse; or

(b) Any book, magazine, paperback, pamphlet or other written or printed matter, however reproduced, that reveals a person or portion of the human body that depicts nudity, sexual conduct, sexual excitement or sadomasochistic abuse.

(2) Displaying obscene materials to minors is a Class A misdemeanor. Notwithstanding ORS 161.635 (Fines for misdemeanors) and 161.655 (Fines for corporations) , a person convicted under this section may be sentenced to pay a fine, fixed by the court, not exceeding $10,000. [1971 c.743 §259]

Source: Section 167.080 — Displaying obscene materials to minors , https://www.­oregonlegislature.­gov/bills_laws/ors/ors167.­html (accessed May 26, 2025).
ORS § 163.197 — OR Code / Title 16 / Chapter 163 / Section 163.197
163.197 Hazing
Status: in_force

(1) A student organization or a member of a student organization commits the offense of hazing if, as a condition or precondition of attaining membership in the organization or of attaining any office or status in the organization, the organization or member intentionally hazes any member, potential member or person pledged to be a member of the organization.

(2) Intentionally left blank —Ed.

(a) A student organization that violates subsection (1) of this section commits a Class A violation.

(b) A member of a student organization who personally violates subsection (1) of this section commits a Class B violation.

(3) Consent of the person who is hazed is not a defense in a prosecution under this section.

(4) As used in this section:

(a) “Haze” means:

(A) To subject an individual to whipping, beating, striking, branding or electronic shocking, to place a harmful substance on an individual’s body or to subject an individual to other similar forms of physical brutality;

(B) To subject an individual to sleep deprivation, exposure to the elements, confinement in a small space or other similar activity that subjects the individual to an unreasonable risk of harm or adversely affects the physical health or safety of the individual;

(C) To compel an individual to consume food, liquid, alcohol, cannabis, controlled substances or other substances that subject the individual to an unreasonable risk of harm or adversely affect the physical health or safety of the individual; or

(D) To induce, cause or require an individual to perform a duty or task that involves the commission of a crime or an act of hazing.

(b) “Member” includes volunteers, coaches and faculty advisers of a student organization.

(c) “Student organization” means a fraternity, sorority, athletic team or other organization that is organized or operating on a college, university or elementary or secondary school campus for the purpose of providing members an opportunity to participate in student activities of the college, university or elementary or secondary school. [1983 c.202 §2; 1999 c.1051 §152; 2009 c.493 §1; 2017 c.21 §42]

Source: Section 163.197 — Hazing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 161.245 — OR Code / Title 16 / Chapter 161 / Section 161.245
161.245 “Reasonable belief” described
Status: in_force

(1) For the purposes of ORS 161.233 (Use of physical force by peace officer) and 161.242 (Use of deadly physical force by peace officer) , a reasonable belief that a person has committed an offense means a reasonable belief in facts or circumstances which, if true, would constitute an offense.

(2) A peace officer who is making an arrest is justified in using the physical force prescribed in ORS 161.233 (Use of physical force by peace officer) and 161.242 (Use of deadly physical force by peace officer) unless the arrest is unlawful and is known by the officer to be unlawful. [1971 c.743 §29; 2020 s.s.2 c.3 §9]

Source: Section 161.245 — “Reasonable belief” described; status of unlawful arrest , https://www.­oregonlegislature.­gov/bills_laws/ors/ors161.­html (accessed May 26, 2025).
ORS § 165.661 — OR Code / Title 16 / Chapter 165 / Section 165.661
165.661 When provider of communication service may use devices
Status: in_force

The provider of electronic or wire communication service may use a pen register or a trap and trace device:

(1) In the operation, maintenance and testing of a wire or electronic communication service or in the protection of the rights or property of such provider or in the protection of users of that service from abuse of service or unlawful use of service;

(2) To record the fact that a wire or electronic communication was initiated or completed in order to protect such provider, another provider furnishing service toward the completion of the wire communication or a user of that service, from fraudulent, unlawful or abusive use of service; or

(3) When the consent of the user of that service has been obtained. [1989 c.983 §17]

Source: Section 165.661 — When provider of communication service may use devices , https://www.­oregonlegislature.­gov/bills_laws/ors/ors165.­html (accessed May 26, 2025).
ORS § 165.659 — OR Code / Title 16 / Chapter 165 / Section 165.659
165.659 General prohibition
Status: in_force

Except as provided in 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) , no person may install or use a pen register or trap and trace device. [1989 c.983 §16]

Source: Section 165.659 — General prohibition , https://www.­oregonlegislature.­gov/bills_laws/ors/ors165.­html (accessed May 26, 2025).
ORS § 163.466 — OR Code / Title 16 / Chapter 163 / Section 163.466
163.466 Classification of felony public indecency
Status: in_force

The Oregon Criminal Justice Commission shall classify felony public indecency as a person felony and crime category 6 of the sentencing guidelines grid of the commission. [1999 c.962 §3]

Note: 163.466 (Classification of felony public indecency) 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 163.466 — Classification of felony public indecency , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 169.800 — OR Code / Title 16 / Chapter 169 / Section 169.800
169.800 Detention of juveniles before conviction and execution of sentence
Status: in_force

Notwithstanding a waiver order under ORS 419C.349 (Grounds for waiving youth to adult court) , 419C.352 (Grounds for waiving youth under 15 years of age) , 419C.364 (Waiver of future cases) or 419C.370 (Waiver of motor vehicle, boating, game, violation and property cases) , if a person under 16 years of age is detained prior to conviction or after conviction but prior to execution of sentence, such detention shall be in a facility used by the county for detention of juveniles. [1985 c.631 §3; 1993 c.33 §316; 1993 c.546 §120]

Source: Section 169.800 — Detention of juveniles before conviction and execution of sentence , https://www.­oregonlegislature.­gov/bills_laws/ors/ors169.­html (accessed May 26, 2025).
ORS § 161.215 — OR Code / Title 16 / Chapter 161 / Section 161.215
161.215 Limitations on use of physical force in defense of a person
Status: in_force

(1) Notwithstanding ORS 161.209 (Use of physical force in defense of a person) , a person is not justified in using physical force upon another person if:

(a) With intent to cause physical injury or death to another person, the person provokes the use of unlawful physical force by that person.

(b) The person is the initial aggressor, except that the use of physical force upon another person under such circumstances is justifiable if the person withdraws from the encounter and effectively communicates to the other person the intent to do so, but the latter nevertheless continues or threatens to continue the use of unlawful physical force.

(c) The physical force involved is the product of a combat by agreement not specifically authorized by law.

(d) The person would not have used physical force but for the discovery of the other person’s actual or perceived gender, gender identity, gender expression or sexual orientation.

(2) As used in this section, “gender identity” has the meaning given that term in ORS 166.155 (Bias crime in the second degree) . [1971 c.743 §24; 2021 c.84 §2]

Source: Section 161.215 — Limitations on use of physical force in defense of a person , https://www.­oregonlegislature.­gov/bills_laws/ors/ors161.­html (accessed May 26, 2025).
ORS § 163.225 — OR Code / Title 16 / Chapter 163 / Section 163.225
163.225 Kidnapping in the second degree
Status: in_force

(1) A person commits the crime of kidnapping in the second degree if, with intent to interfere substantially with another’s personal liberty, and without consent or legal authority, the person:

(a) Takes the person from one place to another; or

(b) Secretly confines the person in a place where the person is not likely to be found.

(2) It is a defense to a prosecution under subsection (1) of this section if:

(a) The person taken or confined is under 16 years of age;

(b) The defendant is a relative of that person; and

(c) The sole purpose of the person is to assume control of that person.

(3) Kidnapping in the second degree is a Class B felony. [1971 c.743 §98; 2005 c.22 §111]

Source: Section 163.225 — Kidnapping in the second degree , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 165.122 — OR Code / Title 16 / Chapter 165 / Section 165.122
165.122 Compliance with subpoena for information related to metal transaction
Status: in_force

(1) Not later than two business days after receiving from a peace officer or law enforcement agency a subpoena for information related to a named or specified individual, vehicle or item of metal property, a scrap metal business shall provide to the peace officer or law enforcement agency a copy of a metal property record created under ORS 165.117 (Metal property transaction records) or a copy of the relevant portion of a commercial account that contains the information about the individual, vehicle or item of metal property that is the subject of the subpoena. The scrap metal business shall provide the information in any form or by any method reasonably required by the peace officer or law enforcement agency.

(2) If a scrap metal business knows or has good reason to know that metal property that the scrap metal business purchased or received or possesses or controls was lost by or stolen from the metal property’s owner or lawful possessor, the scrap metal business shall promptly notify an appropriate law enforcement agency and shall:

(a) Name the owner or lawful possessor of the property, if known; and

(b) Disclose the name of the person that delivered the metal property and the date on which the scrap metal business received the metal property.

(3) If a peace officer or law enforcement agency notifies a scrap metal business that an item of metal property in the possession or control of the scrap metal business is lost or stolen, the scrap metal business shall:

(a) Segregate the metal property that is the subject of the notification from other inventory kept by the scrap metal business;

(b) Protect the metal property from alteration or damage;

(c) Mark, tag or otherwise identify the metal property; and

(d) Hold the metal property for the length of time, not to exceed 10 days, that the peace officer or law enforcement agency specifies.

(4) A peace officer or law enforcement agency may not require a scrap metal business to hold metal property under subsection (3) of this section unless the peace officer or law enforcement agency reasonably suspects that the metal property was lost by or stolen from the owner or lawful possessor of the metal property. Within 10 days after notifying a scrap metal business that an item of metal property may be lost or stolen, the peace officer or law enforcement agency shall:

(a) Determine that the metal property is lost or stolen and take appropriate lawful action to impound or recover the metal property and return the metal property to the owner or lawful possessor; or

(b) Determine that the metal property is not lost or stolen and notify the scrap metal business that it is not necessary to hold the metal property any longer. [2009 c.811 §4; 2010 c.56 §3]

Source: Section 165.122 — Compliance with subpoena for information related to metal transaction; lost or stolen metal property , https://www.­oregonlegislature.­gov/bills_laws/ors/ors165.­html (accessed May 26, 2025).
ORS § 161.635 — OR Code / Title 16 / Chapter 161 / Section 161.635
161.635 Fines for misdemeanors
Status: in_force

(1) A sentence to pay a fine for a misdemeanor shall be a sentence to pay an amount, fixed by the court, not exceeding:

(a) $6,250 for a Class A misdemeanor.

(b) $2,500 for a Class B misdemeanor.

(c) $1,250 for a Class C misdemeanor.

(2) A sentence to pay a fine for an unclassified misdemeanor shall be a sentence to pay an amount, fixed by the court, as provided in the statute defining the crime.

(3) If a person has gained money or property through the commission of a misdemeanor, then upon conviction thereof the court, instead of imposing the fine authorized for the offense under this section, may sentence the defendant to pay an amount fixed by the court, not exceeding double the amount of the defendant’s gain from the commission of the offense. In that event, ORS 161.625 (Fines for felonies) (4) and (5) apply.

(4) This section does not apply to corporations. [1971 c.743 §77; 1981 c.390 §2; 1993 c.680 §30; 1995 c.545 §2; 1999 c.1051 §44; 2003 c.737 §87]

Source: Section 161.635 — Fines for misdemeanors , https://www.­oregonlegislature.­gov/bills_laws/ors/ors161.­html (accessed May 26, 2025).
ORS § 164.063 — OR Code / Title 16 / Chapter 164 / Section 164.063
164.063 Disproportionate impact
Status: in_force

(1) As used in this section, “disproportionate impact” means that, in a case of theft in the first degree under ORS 164.055 (Theft in the first degree) or aggravated theft in the first degree under ORS 164.057 (Aggravated theft in the first degree) :

(a) The offender caused damage to property during the commission of the theft and the cost to restore the damaged property to the condition the property was in immediately before the theft is more than three times the value of the property that was the subject of the theft; or

(b) The theft of the property creates a hazard to public health or safety or the environment.

(2) The Oregon Criminal Justice Commission shall adopt rules that establish disproportionate impact as an aggravating factor that a court may consider as a substantial and compelling reason to impose an upward departure from a presumptive sentence under the rules of the commission. [2009 c.811 §7]

Note: 164.063 (Disproportionate impact) 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 164.063 — Disproportionate impact; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors164.­html (accessed May 26, 2025).
ORS § 166.116 — OR Code / Title 16 / Chapter 166 / Section 166.116
166.116 Interfering with public transportation
Status: in_force

(1) A person commits the crime of interfering with public transportation if the person:

(a) Intentionally or knowingly enters or remains unlawfully in or on a public transit vehicle or public transit station;

(b) Intentionally or knowingly interferes with the provision or use of public transportation services by, among other things, interfering with the movement of, or access to, public transit vehicles;

(c) While in or on a public transit vehicle or public transit station, engages in disorderly conduct in the second degree as defined in ORS 166.025 (Disorderly conduct in the second degree) ; or

(d) Subjects a public transportation passenger, employee, agent or security officer or transit police officer to offensive physical contact.

(2)(a)(A) Interfering with public transportation as provided in subsection (1)(a) of this section is a Class C misdemeanor.

(B) Notwithstanding subparagraph (A) of this paragraph, interfering with public transportation as provided in subsection (1)(a) of this section is a Class A misdemeanor if the person has three or more prior convictions for interfering with public transportation as provided in subsection (1)(a) of this section.

(b) Interfering with public transportation as provided in subsection (1)(b) to (d) of this section is a Class A misdemeanor.

(3) As used in this section:

(a) “Enter or remain unlawfully” has the meaning given that term in ORS 164.205 (Definitions for ORS 164.205 to 164.270) .

(b) “Public transit station” includes all facilities, structures, lands and rights of way that are owned, leased, held or used for the purposes of providing public transportation services.

(c) “Public transit vehicle” means a vehicle that is used for public transportation or operated by or under contract to any public body in order to provide public transportation.

(d) “Public transportation” means transportation provided by a city, county, special district or any other political subdivision or municipal or public corporation. [2001 c.851 §3 (enacted in lieu of 166.115); 2005 c.631 §4; 2017 c.454 §1]

Source: Section 166.116 — Interfering with public transportation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html (accessed May 26, 2025).
ORS § 163.670 — OR Code / Title 16 / Chapter 163 / Section 163.670
163.670 Using child in display of sexually explicit conduct
Status: in_force

(1) A person commits the crime of using a child in a display of sexually explicit conduct if the person:

(a) Employs, authorizes, permits, compels or induces a child to participate or engage in sexually explicit conduct for any person to observe or to record in a visual recording; or

(b) Knowingly records in a visual recording a child participating or engaging in sexually explicit conduct.

(2) Using a child in a display of sexually explicit conduct is a Class A felony. [1985 c.557 §3; 1987 c.864 §3; 1991 c.664 §5; 2011 c.515 §2; 2023 c.407 §2]

Source: Section 163.670 — Using child in display of sexually explicit conduct , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 166.270 — OR Code / Title 16 / Chapter 166 / Section 166.270
166.270 Possession of weapons by certain felons
Status: in_force

"In 1934,…Oregon became the second state, after Louisiana, to allow nonunanimous juries in criminal cases." Bibliographic info

"A close reading of both Britt and Heller in light of many of the firearm regulatory schemes currently in place in various jurisdictions indicates that felon possession statutes may very well be in danger…" Bibliographic info

(1) Any person who has been convicted of a felony under the law of this state or any other state, or who has been convicted of a felony under the laws of the Government of the United States, who owns or has in the person’s possession or under the person’s custody or control any firearm commits the crime of felon in possession of a firearm.

(2) Any person who has been convicted of a felony under the law of this state or any other state, or who has been convicted of a felony under the laws of the Government of the United States, who owns or has in the person’s possession or under the person’s custody or control any instrument or weapon having a blade that projects or swings into position by force of a spring or by centrifugal force or any blackjack, slungshot, sandclub, sandbag, sap glove, metal knuckles or an Electro-Muscular Disruption Technology device as defined in ORS 165.540 (Obtaining contents of communications) , or who carries a dirk, dagger or stiletto, commits the crime of felon in possession of a restricted weapon.

(3) For the purposes of this section, a person “has been convicted of a felony” if, at the time of conviction for an offense, that offense was a felony under the law of the jurisdiction in which it was committed. Such conviction shall not be deemed a conviction of a felony if:

(a) The court declared the conviction to be a misdemeanor at the time of judgment; or

(b) The offense was possession of marijuana and the conviction was prior to January 1, 1972.

(4) Subsection (1) of this section does not apply to any person who has been:

(a) Convicted of only one felony under the law of this state or any other state, or who has been convicted of only one felony under the laws of the United States, which felony did not involve criminal homicide, as defined in ORS 163.005 (Criminal homicide) , or the possession or use of a firearm or a weapon having a blade that projects or swings into position by force of a spring or by centrifugal force, and who has been discharged from imprisonment, parole or probation for said offense for a period of 15 years prior to the date of alleged violation of subsection (1) of this section; or

(b) Granted relief from the disability under 18 U.S.C. 925(c) or ORS 166.274 (Relief from prohibition against possessing or receiving firearm) or has had the person’s record expunged under the laws of this state or equivalent laws of another jurisdiction.

(5) Felon in possession of a firearm is a Class C felony. Felon in possession of a restricted weapon is a Class A misdemeanor. [Amended by 1975 c.702 §1; 1985 c.543 §4; 1985 c.709 §2; 1987 c.853 §1; 1989 c.839 §4; 1993 c.735 §2; 1995 c.518 §1; 1999 c.1040 §16; 2003 c.14 §64; 2009 c.189 §1; 2009 c.499 §3]

Source: Section 166.270 — Possession of weapons by certain felons , https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html (accessed May 26, 2025).
ORS § 164.845 — OR Code / Title 16 / Chapter 164 / Section 164.845
164.845 Arrest, summons for cutting or transport of trees or special forest products
Status: in_force

(1) Whenever any peace officer has reasonable cause to believe 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 arrest the person without a warrant and take the person before any court having jurisdiction of the offense. The court shall proceed without delay to hear, try and determine the matter and enter judgment according to the allegations and proofs.

(2) The peace officer making the arrest, if not immediately taking the person arrested into custody, may issue a summons to the person. The summons shall direct the person to appear at the court named in the summons to answer a complaint to be filed therewith. The violation shall be noted on the summons, which shall be dated and signed by the peace officer.

(3) Any person to whom a summons is issued under this section who fails to appear at the time and place specified therein commits a Class B misdemeanor. [1971 c.743 §297; 1981 c.645 §4; 1993 c.167 §4; 2013 c.276 §4]

Source: Section 164.845 — Arrest, summons for cutting or transport of trees or special forest products; effect of failure to appear , https://www.­oregonlegislature.­gov/bills_laws/ors/ors164.­html (accessed May 26, 2025).
ORS § 161.665 — OR Code / Title 16 / Chapter 161 / Section 161.665
161.665 Costs
Status: in_force

(1) Except as provided in ORS 151.505 (Authority of court to order repayment of costs related to provision of appointed counsel) , the court, only in the case of a defendant for whom it enters a judgment of conviction, may include in its sentence thereunder a money award for all costs specially incurred by the state in prosecuting the defendant. Costs include a reasonable attorney fee for counsel appointed pursuant to ORS 135.045 (Court appointment of counsel) or 135.050 (Eligibility for court-appointed counsel) and a reasonable amount for fees and expenses incurred pursuant to preauthorization under ORS 135.055 (Compensation and expenses of appointed counsel) . A reasonable attorney fee is presumed to be a reasonable number of hours at the hourly rate authorized by the Oregon Public Defense Commission under ORS 151.216 (Commission duties) . Costs do not include expenses inherent in providing a constitutionally guaranteed jury trial or expenditures in connection with the maintenance and operation of government agencies that must be made by the public irrespective of specific violations of law.

(2) Except as provided in ORS 151.505 (Authority of court to order repayment of costs related to provision of appointed counsel) , the court, after the conclusion of an appeal of its initial judgment of conviction, may include in its general judgment, or enter a supplemental judgment that includes, a money award that requires a convicted defendant to pay a reasonable attorney fee for counsel appointed pursuant to ORS 138.500 (Appointment of counsel and furnishing of transcript for appellant without funds) , including counsel who is appointed under ORS 151.216 (Commission duties) or counsel who is under contract to provide services for the proceeding under ORS 151.219 (Executive director) , and other costs and expenses allowed by the executive director of the Oregon Public Defense Commission under ORS 138.500 (Appointment of counsel and furnishing of transcript for appellant without funds) (4). A reasonable attorney fee is presumed to be a reasonable number of hours at the hourly rate authorized by the commission under ORS 151.216 (Commission duties) .

(3) For purposes of subsections (1) and (2) of this section, compensation of counsel is determined by reference to a schedule of compensation established by the commission under ORS 151.216 (Commission duties) .

(4) The court may not sentence a defendant to pay costs under this section unless the defendant is or may be able to pay them. In determining the amount and method of payment of costs, the court shall take account of the financial resources of the defendant and the nature of the burden that payment of costs will impose.

(5) A defendant who has been sentenced to pay costs under this section and who is not in contumacious default in the payment of costs may at any time petition the court that sentenced the defendant for remission of the payment of costs or of any unpaid portion of costs. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or the immediate family of the defendant, the court may enter a supplemental judgment that remits all or part of the amount due in costs, or modifies the method of payment under ORS 161.675 (Time and method of payment of fines, restitution and costs) .

(6) Except as provided in subsection (7) of this section, all moneys collected or paid under this section shall be paid into the Criminal Fine Account.

(7) The court may, in the judgment of conviction, include a money award requiring the defendant to pay the costs of extraditing the defendant to this state. Any amounts awarded to the state under this subsection must be listed separately in the money award portion of the judgment. All moneys collected or paid under this subsection shall be deposited into the Arrest and Return Account established by ORS 133.865 (Arrest and Return Account) . [1971 c.743 §80; 1981 s.s. c.3 §120; 1983 c.763 §12; 1985 c.710 §3; 1987 c.803 §26; 1989 c.1053 §11; 1991 c.460 §12; 1991 c.840 §1; 1997 c.761 §1; 2001 c.962 §§41,113; 2003 c.449 §29; 2003 c.576 §§247,248; 2003 c.615 §2; 2011 c.597 §44; 2015 c.198 §2; 2023 c.281 §44]

Source: Section 161.665 — Costs , https://www.­oregonlegislature.­gov/bills_laws/ors/ors161.­html (accessed May 26, 2025).
ORS § 164.869 — OR Code / Title 16 / Chapter 164 / Section 164.869
164.869 Unlawful recording of a live performance
Status: in_force

(1) A person commits unlawful recording of a live performance if the person:

(a) Intentionally left blank —Ed.

(A) Advertises or offers for sale, sells, rents, transports, or causes the sale, resale, rental or transportation of, or possesses for one or more of these purposes, a recording containing sounds of a live performance with the knowledge that the live performance has been recorded or fixed without the consent of the owner; or

(B) With the intent to sell, records or fixes, or causes to be recorded or fixed on a recording, a live performance with the knowledge that the live performance has been recorded or fixed without the consent of the owner; and

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

(2) Unlawful recording of a live performance is a Class C felony.

(3) For purposes of subsections (1) and (2) of this section, in the absence of a written agreement or law to the contrary, the performer of a live performance is presumed to own the rights to record or fix the performance.

(4) A person who is authorized to maintain custody and control over business records that reflect whether or not the owner of the live performance consented to having the live performance recorded or fixed is a proper witness in a proceeding regarding the issue of consent. [1993 c.95 §§5,6]

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

Source: Section 164.869 — Unlawful recording of a live performance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors164.­html (accessed May 26, 2025).
ORS § 162.405 — OR Code / Title 16 / Chapter 162 / Section 162.405
162.405 Official misconduct in the second degree
Status: in_force

(1) A public servant commits the crime of official misconduct in the second degree if the person knowingly violates any statute relating to the office of the person.

(2) Official misconduct in the second degree is a Class C misdemeanor. [1971 c.743 §214]

Source: Section 162.405 — Official misconduct in the second degree , https://www.­oregonlegislature.­gov/bills_laws/ors/ors162.­html (accessed May 26, 2025).
ORS § 169.210 — OR Code / Title 16 / Chapter 169 / Section 169.210
169.210 Contracts for private employment of prisoners
Status: in_force

(1) Except for work release programs, no county or city shall enter into any agreement or contract with any private person, firm or corporation for the employment of any convict.

(2) If any board or tribunal is created which has charge and management of the public roads of the county, such board or tribunal shall have the same power and authority as is conferred upon the county court or board of county commissioners by ORS 169.120 (Credit for work) and 169.170 (Assignment of county prisoners to public works) to 169.210 (Contracts for private employment of prisoners) . [Amended by 1973 c.740 §19]

Source: Section 169.210 — Contracts for private employment of prisoners; agencies having power to work prisoners , https://www.­oregonlegislature.­gov/bills_laws/ors/ors169.­html (accessed May 26, 2025).