ORS § 169.740 — OR Code / Title 16 / Chapter 169 / Section 169.740
169.740 Standards for juvenile detention facilities
Status: in_force

(1) The standards established in ORS 169.076 (Standards for local correctional facilities) to 169.078 (Standards for temporary hold facilities) apply to juveniles detained in juvenile detention facilities.

(2) In addition, juvenile detention facilities shall:

(a) Provide for personal inspection of each juvenile at least once each hour unless a particular situation requires more frequent inspection;

(b) Provide for personal or electronically monitored supervision on each floor where juveniles are detained;

(c) Provide for separation of detained juveniles from the sight and sound of detained adults. Juveniles may not be placed in facilities that are designated for isolation of adult prisoners in order to meet this standard;

(d) Provide for unrestricted contact between 8 a.m. and 5 p.m. for a period of not less than five hours per day between detained juveniles and their attorneys and unrestricted attorney access to the facility for private attorney-client consultation;

(e) Unless otherwise ordered by the juvenile court following a hearing, provide for the private and unrestricted receipt of and sending of mail; except that incoming mail may be opened in the presence of the juvenile upon reasonable suspicion to believe that the mail contains contraband as defined in ORS 162.135 (Definitions for ORS 162.135 to 162.205) (1) and that incoming packages shall be opened in the presence of the juvenile and their contents may be held until the juvenile is released. The juvenile shall be informed of any confiscated contraband;

(f) Provide for the payment of postage for the juvenile’s mail to an attorney or to federal, state, county or municipal government officials;

(g) Provide for nondispositional counseling and physical exercise of any juvenile held in excess of five judicial days and cause access to the juvenile held in excess of five judicial days for education pursuant to ORS 336.585 (Education for children enrolled in Juvenile Detention Education Program) ;

(h) Provide for the free exercise of religion by a detained juvenile, unless such provision will cause a threat to the security of the facility or a threat of disorderly conduct within the facility;

(i) Make a written report, one copy of which shall be maintained in a general log, of each use of physical force, restraint, isolation, roomlock or internal search, setting forth in detail the reason such action was taken and the name of the staff person taking such action;

(j) Notify the attorney and the parent or guardian of the detained juvenile after the use of any physical force, restraint, isolation or internal search upon the juvenile both:

(A) As soon as reasonable after the use thereof; and

(B) By mailing a copy of the written report within 24 hours after the use thereof;

(k) For juveniles detained in an adult correctional facility, provide for in-person contact by juvenile department staff within 24 hours of the juvenile’s admission and on a daily basis for as long as the juvenile shall remain in the facility; and

(L) Provide for counseling of any detained juvenile found to be within the jurisdiction of the court.

(3) As used in this section:

(a) “Adult” does not include a person who is 18 years of age or older and is alleged to be, or has been found to be, within the jurisdiction of the juvenile court under ORS 419C.005 (Jurisdiction) .

(b) “Juvenile” means a person alleged to be within the jurisdiction of the juvenile court under ORS 419C.005 (Jurisdiction) and an adjudicated youth. [Formerly 169.079; 1991 c.833 §2; 2003 c.442 §5; 2021 c.489 §17]

Source: Section 169.740 — Standards for juvenile detention facilities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors169.­html (accessed May 26, 2025).
ORS § 162.367 — OR Code / Title 16 / Chapter 162 / Section 162.367
162.367 Criminal impersonation of a peace officer
Status: in_force

(1) A person commits the crime of criminal impersonation of a peace officer if the person, with the intent to obtain a benefit or to injure or defraud another person, uses false law enforcement identification or wears a law enforcement uniform to give the impression that the person is a peace officer and does an act in that assumed character.

(2) Criminal impersonation of a peace officer is a Class C felony.

(3) As used in this section:

(a) “False law enforcement identification” means a badge or an identification card that:

(A) Identifies the possessor of the badge or card as a member of a law enforcement unit; and

(B) Was not lawfully issued to the possessor by the law enforcement unit.

(b) “Law enforcement uniform” means clothing bearing words such as “police,” “sheriff,” “state trooper” or “law enforcement,” or clothing that is an official uniform or substantially similar to an official uniform of a law enforcement unit that would make it reasonably likely that a person would believe that the wearer is a peace officer. [1993 c.243 §2; 2005 c.259 §1]

Note: 162.367 (Criminal impersonation of a peace officer) and 162.369 (Possession of a false law enforcement identification card) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 162 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 162.367 — Criminal impersonation of a peace officer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors162.­html (accessed May 26, 2025).
ORS § 166.508 — OR Code / Title 16 / Chapter 166 / Section 166.508
166.508 Denial of application
Status: in_force

(1) If the application for the permit-to-purchase is denied, the permit agent shall set forth in writing the reasons for the denial. The denial shall be placed in the mail to the applicant by certified mail, restricted delivery, within 30 days after the application was made. If no decision is issued within 30 days, the person may seek review under the procedures in subsection (5) of this section.

(2) Notwithstanding ORS 166.505 (Permits to purchase firearms) (1) to (3), and subject to review as provided in subsection (5) of this section, a permit agent may deny a permit-to-purchase if the permit agent has reasonable grounds to believe that the applicant has been or is reasonably likely to be a danger to self or others, or to the community at large, as a result of the applicant’s mental or psychological state or as demonstrated by the applicant’s past pattern of behavior involving unlawful violence or threats of unlawful violence.

(3) Intentionally left blank —Ed.

(a) Any act or condition that would prevent the issuance of a permit-to-purchase is cause for revoking a permit-to-purchase.

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

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

(5) A person denied a permit-to-purchase or whose permit is revoked or not renewed may petition the circuit court in the petitioner’s county of residence to review the denial, nonrenewal or revocation. The petition must be filed within 30 days after the receipt of the notice of the denial or revocation.

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

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

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

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

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

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

(12) If the governmental entity files an appeal under this section and does not prevail, it shall be ordered to pay the attorney fees for the prevailing party. [2023 c.1 §5]

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

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

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

Source: Section 166.508 — Denial of application; revocation; petition to circuit court , https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html (accessed May 26, 2025).
ORS § 164.160 — OR Code / Title 16 / Chapter 164 / Section 164.160
164.160 Definitions
Status: in_force

As used in this section and ORS 164.162 (Mail theft or receipt of stolen mail) :

(1) “Authorized depository” means a mailbox, post office box or rural box used by postal customers to deposit outgoing mail or used by the Postal Service to deliver incoming mail.

(2) “Mail” means any letter, card, parcel or other material that:

(a) Is sent or delivered by means of the Postal Service;

(b) Has postage affixed by the postal customer or Postal Service or has been accepted for delivery by the Postal Service; and

(c) Is placed in any authorized depository or mail receptacle or given to any Postal Service employee for delivery.

(3) “Mail receptacle” means any location used by the Postal Service or postal customers to place outgoing mail or receive incoming mail.

(4) “Postage” means a Postal Service stamp, permit imprint, meter strip or other authorized indication of prepayment for service provided or authorized by the Postal Service for collection and delivery of mail.

(5) “Postal Service” means the United States Postal Service. [1999 c.920 §1]

Note: 164.160 (Definitions) , 164.162 (Mail theft or receipt of stolen mail) and 164.164 (Defense in prosecution under ORS 164.162) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 164 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 164.160 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors164.­html (accessed May 26, 2025).
ORS § 167.062 — OR Code / Title 16 / Chapter 167 / Section 167.062
167.062 Sadomasochistic abuse or sexual conduct in live show
Status: in_force

(1) It is unlawful for any person to knowingly engage in sadomasochistic abuse or sexual conduct in a live public show.

(2) Violation of subsection (1) of this section is a Class A misdemeanor.

(3) It is unlawful for any person to knowingly direct, manage, finance or present a live public show in which the participants engage in sadomasochistic abuse or sexual conduct.

(4) Violation of subsection (3) of this section is a Class C felony.

(5) As used in ORS 167.002 (Definitions for ORS 167.002 to 167.027) , 167.007 (Prostitution) and this section unless the context requires otherwise:

(a) “Live public show” means a public show in which human beings, animals, or both appear bodily before spectators or customers.

(b) “Public show” means any entertainment or exhibition advertised or in some other fashion held out to be accessible to the public or member of a club, whether or not an admission or other charge is levied or collected and whether or not minors are admitted or excluded. [1973 c.699 §§2,3; 2007 c.869 §9]

Source: Section 167.062 — Sadomasochistic abuse or sexual conduct in live show , https://www.­oregonlegislature.­gov/bills_laws/ors/ors167.­html (accessed May 26, 2025).
ORS § 165.127 — OR Code / Title 16 / Chapter 165 / Section 165.127
165.127 County metal theft plan of action
Status: in_force

(1) In each county in which a scrap metal business, as defined in ORS 165.116 (Definitions for ORS 165.116 to 165.124) , has a place of business, the district attorney of the county shall, after consulting with representatives of the affected law enforcement agencies and the business community, create a written plan of action that ensures effective communication between law enforcement and the business community regarding the theft of metal property as defined in ORS 165.116 (Definitions for ORS 165.116 to 165.124) .

(2) The written plan of action must include, but need not be limited to, a procedure for law enforcement agencies to notify scrap metal businesses of a theft of metal property within 24 hours after the receipt of the report of the theft.

(3) The district attorney shall provide a copy of the written plan of action to the local public safety coordinating council described in ORS 423.560 (Local public safety coordinating council) . [2009 c.811 §11]

Source: Section 165.127 — County metal theft plan of action , https://www.­oregonlegislature.­gov/bills_laws/ors/ors165.­html (accessed May 26, 2025).
ORS § 164.132 — OR Code / Title 16 / Chapter 164 / Section 164.132
164.132 Unlawful distribution of cable television equipment
Status: in_force

(1) A person commits the crime of unlawful distribution of cable television equipment if the person knowingly manufactures, imports into this state, distributes, sells, offers for sale, rental or use, possesses for sale, rental or use, or advertises for sale, rental or use, any device designed to make available the unauthorized reception of cable television signals.

(2) Unlawful distribution of cable television equipment is a Class B misdemeanor. [1985 c.537 §3]

Source: Section 164.132 — Unlawful distribution of cable television equipment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors164.­html (accessed May 26, 2025).
ORS § 165.671 — OR Code / Title 16 / Chapter 165 / Section 165.671
165.671 Defense to civil or criminal action
Status: in_force

A good faith reliance on a court order, a legislative authorization or a statutory authorization is a complete defense against any civil or criminal action brought under ORS 133.545 (Issuance of search warrant) , 133.575 (Execution of warrant) , 133.595 (List of things seized) , 133.617 (“Mobile tracking device” defined) , 133.619 (Execution of warrant authorizing mobile tracking device) , 133.721 (Definitions for ORS 41.910 and 133.721 to 133.739) , 133.724 (Order for interception of communications) , 133.726 (Interception of oral communication without order) , 133.729 (Recording intercepted communications) , 133.731 (Inventory) , 133.735 (Suppression of intercepted communications) , 133.737 (Disclosure and use of intercepted communications) , 133.739 (Civil damages for willful interception, disclosure or use of communications) , 165.540 (Obtaining contents of communications) and 165.657 (Definitions for ORS 165.659 to 165.669) to 165.673 (Disclosure of results prohibited) . [1989 c.983 §24; 2001 c.385 §8]

Source: Section 165.671 — Defense to civil or criminal action , https://www.­oregonlegislature.­gov/bills_laws/ors/ors165.­html (accessed May 26, 2025).
ORS § 163.415 — OR Code / Title 16 / Chapter 163 / Section 163.415
163.415 Sexual abuse in the third degree
Status: in_force

(1) A person commits the crime of sexual abuse in the third degree if:

(a) The person subjects another person to sexual contact and:

(A) The victim does not consent to the sexual contact; or

(B) The victim is incapable of consent by reason of being under 18 years of age; or

(b) For the purpose of arousing or gratifying the sexual desire of the person or another person, the person intentionally propels any dangerous substance at a victim without the consent of the victim.

(2) Sexual abuse in the third degree is a Class A misdemeanor.

(3) As used in this section, “dangerous substance” means blood, urine, semen or feces. [1971 c.743 §115; 1979 c.489 §1; 1991 c.830 §1; 1995 c.657 §11; 1995 c.671 §9; 2009 c.616 §1]

Source: Section 163.415 — Sexual abuse in the third degree , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 163.160 — OR Code / Title 16 / Chapter 163 / Section 163.160
163.160 Assault in the fourth degree
Status: in_force

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

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

(b) With criminal negligence causes physical injury to another by means of a deadly weapon; or

(c) With criminal negligence causes serious physical injury to another who is a vulnerable user of a public way, as defined in ORS 801.608 (“Vulnerable user of a public way.”) , by means of a motor vehicle.

(2) Assault in the fourth degree is a Class A misdemeanor.

(3) Notwithstanding subsection (2) of this section, assault in the fourth degree under subsection (1)(a) or (b) of this section is a Class C felony if the person commits the crime of assault in the fourth degree and:

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

(b) The person has been previously convicted of violating this section or ORS 163.165 (Assault in the third degree) , 163.175 (Assault in the second degree) , 163.185 (Assault in the first degree) , 163.187 (Strangulation) or 163.190 (Menacing) , or of committing an equivalent crime in another jurisdiction, and the victim in the previous conviction is the same person who is the victim of the current crime;

(c) The person has at least three previous convictions for violating this section or ORS 163.165 (Assault in the third degree) , 163.175 (Assault in the second degree) , 163.185 (Assault in the first degree) , 163.187 (Strangulation) or 163.190 (Menacing) or for committing an equivalent crime in another jurisdiction, in any combination; or

(d) The person commits the assault knowing that the victim is pregnant.

(4) If a person is convicted of misdemeanor assault in the fourth degree constituting domestic violence as an element of the crime as described ORS 132.586 (Pleading domestic violence in accusatory instrument) , the court shall ensure that the judgment document reflects that the conviction constitutes domestic violence.

(5) For purposes of subsection (3) of this section, an assault is witnessed if the assault is seen or directly perceived in any other manner by the child. [1977 c.297 §5; 1997 c.694 §1; 1999 c.1073 §1; 2009 c.785 §3; 2015 c.639 §2; 2017 c.337 §1; 2021 c.581 §1]

Source: Section 163.160 — Assault in the fourth degree , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 169.040 — OR Code / Title 16 / Chapter 169 / Section 169.040
169.040 Inspection of local correctional facilities
Status: in_force

(1) The county court or board of county commissioners of each county is the inspector of the local correctional facilities in the county. The court or board shall visit local correctional facilities operated by the county at least once in each regular term and may visit local correctional facilities within the county that are not operated by the county. When the court or board visits a local correctional facility, it shall examine fully into the local correctional facility, including, but not limited to, the cleanliness of the facility and the health and discipline of the persons confined. If it appears to the court or board that any provisions of law have been violated or neglected, it shall immediately give notice of the violation or neglect to the district attorney of the district.

(2) The local health officer or the representative of the local health officer may conduct health and sanitation inspections of local correctional facilities on a semiannual basis. If the local health officer determines that the facility is in an insanitary condition or unfit for habitation for health reasons, the officer may notify the appropriate local governmental agency in writing of the required health and sanitation conditions or practices necessary to ensure the health and sanitation of the facility. If the local governmental agency does not comply with the required health and sanitation conditions or practices within an appropriate length of time, the local health officer may recommend the suspension of the operation of the local correctional facility to the local public health authority, as defined in ORS 431.003 (Definitions) . If after a hearing the local public health authority finds that the local correctional facility is in an insanitary or unhealthful condition, it may suspend the operation of the facility until such time as the local correctional facility complies with the recommended health and sanitation conditions and practices. [Amended by 1973 c.740 §11; 2005 c.286 §1; 2015 c.736 §52]

Source: Section 169.040 — Inspection of local correctional facilities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors169.­html (accessed May 26, 2025).
ORS § 167.312 — OR Code / Title 16 / Chapter 167 / Section 167.312
167.312 Research and animal interference
Status: in_force

(1) A person commits the crime of research and animal interference if the person:

(a) With the intent to interfere with research, releases, steals or otherwise causes the death, injury or loss of any animal at or from an animal research facility.

(b) With the intent to interfere with research, damages, vandalizes or steals any property in or on an animal research facility.

(c) With the intent to interfere with research, obtains access to an animal research facility to perform acts not authorized by that facility.

(d) Obtains or exerts unauthorized control over records, data, materials, equipment or animals of any animal research facility with the intent to interfere with research by concealing, abandoning or destroying such records, data, materials, equipment or animals.

(e) With the intent to interfere with research, possesses or uses equipment or animals that the person reasonably believes have been obtained by theft or deception from an animal research facility or without the authorization of an animal research facility.

(2) For the purposes of this section, “animal research facility” means any facility engaging in legal scientific research or teaching involving the use of animals.

(3) Research and animal interference is a:

(a) Class C felony if damage to the animal research facility is $2,500 or more; or

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

(4) Determination of damages to an animal research facility shall be made by the court. In making its determination, the court shall consider the reasonable costs of:

(a) Replacing lost, injured or destroyed animals;

(b) Restoring the animal research facility to the approximate condition of the facility before the damage occurred; and

(c) Replacing damaged or missing records, data, material or equipment.

(5) In addition to any other penalty imposed for violation of this section, a person convicted of such violation is liable:

(a) To the owner of the animal for damages, including the costs of restoring the animal to confinement and to its health condition prior to commission of the acts constituting the violation;

(b) For damages to real and personal property caused by acts constituting the violation; and

(c) For the costs of repeating an experiment, including the replacement of the animals, labor and materials, if acts constituting the violation cause the failure of an experiment. [1991 c.843 §2; 2001 c.147 §2; 2001 c.554 §1]

Source: Section 167.312 — Research and animal interference , https://www.­oregonlegislature.­gov/bills_laws/ors/ors167.­html (accessed May 26, 2025).
ORS § 161.430 — OR Code / Title 16 / Chapter 161 / Section 161.430
161.430 Renunciation as a defense to attempt
Status: in_force

(1) A person is not liable under ORS 161.405 (“Attempt” described) if, under circumstances manifesting a voluntary and complete renunciation of the criminal intent of the person, the person avoids the commission of the crime attempted by abandoning the criminal effort and, if mere abandonment is insufficient to accomplish this avoidance, doing everything necessary to prevent the commission of the attempted crime.

(2) The defense of renunciation is an affirmative defense. [1971 c.743 §56]

Source: Section 161.430 — Renunciation as a defense to attempt , https://www.­oregonlegislature.­gov/bills_laws/ors/ors161.­html (accessed May 26, 2025).
ORS § 167.770 — OR Code / Title 16 / Chapter 167 / Section 167.770
167.770 Display of sign
Status: in_force

(1) A person who sells tobacco products or inhalant delivery systems shall display a sign clearly stating that the sale of the tobacco products or inhalant delivery systems to persons under 21 years of age is prohibited by law.

(2) Failure to display a sign required by this section is a Class A violation. [2017 c.701 §3]

Note: See note under 167.747 (Definitions for ORS 167.750 to 167.780) .

Source: Section 167.770 — Display of sign; penalty , https://www.­oregonlegislature.­gov/bills_laws/ors/ors167.­html (accessed May 26, 2025).
ORS § 162.015 — OR Code / Title 16 / Chapter 162 / Section 162.015
162.015 Bribe giving
Status: in_force

(1) A person commits the crime of bribe giving if the person offers, confers or agrees to confer any pecuniary benefit upon a public servant with the intent to influence the public servant’s vote, opinion, judgment, action, decision or exercise of discretion in an official capacity.

(2) Bribe giving is a Class B felony. [1971 c.743 §179]

Source: Section 162.015 — Bribe giving , https://www.­oregonlegislature.­gov/bills_laws/ors/ors162.­html (accessed May 26, 2025).
ORS § 161.125 — OR Code / Title 16 / Chapter 161 / Section 161.125
161.125 Drug or controlled substance use or dependence or intoxication as defense
Status: in_force

(1) The use of drugs or controlled substances, dependence on drugs or controlled substances or voluntary intoxication shall not, as such, constitute a defense to a criminal charge, but in any prosecution for an offense, evidence that the defendant used drugs or controlled substances, or was dependent on drugs or controlled substances, or was intoxicated may be offered by the defendant whenever it is relevant to negative an element of the crime charged.

(2) When recklessness establishes an element of the offense, if the defendant, due to the use of drugs or controlled substances, dependence on drugs or controlled substances or voluntary intoxication, is unaware of a risk of which the defendant would have been aware had the defendant been not intoxicated, not using drugs or controlled substances, or not dependent on drugs or controlled substances, such unawareness is immaterial. [1971 c.743 §11; 1973 c.697 §13; 1979 c.744 §6]

Source: Section 161.125 — Drug or controlled substance use or dependence or intoxication as defense , https://www.­oregonlegislature.­gov/bills_laws/ors/ors161.­html (accessed May 26, 2025).
ORS § 169.072 — OR Code / Title 16 / Chapter 169 / Section 169.072
169.072 Provision of services or assistance by Department of Corrections through arrangements with local governments
Status: in_force

(1) The Department of Corrections may enter into arrangements, contracts or agreements with local governments to provide services or other assistance to local governments with respect to local correctional facilities and juvenile detention facilities. Services and assistance provided to local governments under this section may include health care services and assistance, including providing pharmaceuticals, treatment services, transport services, training assistance, security assistance and tactical assistance.

(2) An arrangement, contract or agreement entered into under subsection (1) of this section may authorize the use of department facilities, personnel, supplies, equipment or material in providing services or other assistance to local governments. [2001 c.194 §2]

Source: Section 169.072 — Provision of services or assistance by Department of Corrections through arrangements with local governments , https://www.­oregonlegislature.­gov/bills_laws/ors/ors169.­html (accessed May 26, 2025).
ORS § 166.537 — OR Code / Title 16 / Chapter 166 / Section 166.537
166.537 Surrender of deadly weapons pursuant to order
Status: in_force

(1) Upon issuance of an extreme risk protection order under ORS 166.527 (Petition for ex parte order) , the court shall further order that the respondent:

(a) Within 24 hours surrender all deadly weapons in the respondent’s custody, control or possession to a law enforcement agency, a gun dealer or a third party who may lawfully possess the deadly weapons; and

(b) Within 24 hours surrender to a law enforcement agency any concealed handgun license issued to the respondent under ORS 166.291 (Issuance of concealed handgun license) and 166.292 (Procedure for issuing) .

(2) Upon continuance of an extreme risk protection order after a hearing under ORS 166.530 (Hearing on order) , or renewal of an extreme risk protection order under ORS 166.535 (Renewal of order) , the court shall further order that the respondent:

(a) Immediately surrender all deadly weapons in the respondent’s custody, control or possession to a law enforcement agency, a gun dealer or a third party who may lawfully possess the deadly weapons; and

(b) Immediately surrender to a law enforcement agency any concealed handgun license issued to the respondent under ORS 166.291 (Issuance of concealed handgun license) and 166.292 (Procedure for issuing) .

(3) Intentionally left blank —Ed.

(a) A law enforcement officer serving an extreme risk protection order issued under ORS 166.527 (Petition for ex parte order) shall request that the respondent immediately surrender to the officer all deadly weapons in the respondent’s custody, control or possession and any concealed handgun license issued to the respondent under ORS 166.291 (Issuance of concealed handgun license) and 166.292 (Procedure for issuing) . The law enforcement officer shall take possession of all deadly weapons appearing to be in the custody, control or possession of the respondent that are surrendered by the respondent. If the respondent indicates an intention to surrender the deadly weapons to a gun dealer or a third party, the law enforcement officer shall request that the respondent identify the gun dealer or third party.

(b) A law enforcement officer serving an extreme risk protection order continued after a hearing under ORS 166.530 (Hearing on order) , or renewed under ORS 166.535 (Renewal of order) , shall request that the respondent immediately surrender to the officer all deadly weapons in the respondent’s custody, control or possession and any concealed handgun license issued to the respondent under ORS 166.291 (Issuance of concealed handgun license) and 166.292 (Procedure for issuing) . The officer may conduct any search permitted by law for deadly weapons in the custody, control or possession of the respondent and shall take possession of all deadly weapons appearing to be in the custody, control or possession of the respondent that are surrendered, in plain sight or discovered pursuant to a lawful search.

(4) At the time of the surrender of any deadly weapons or concealed handgun licenses under subsection (3) of this section, the law enforcement officer taking possession shall issue a receipt identifying all surrendered items and provide a copy of the receipt to the respondent. Within 72 hours after service of the order, the law enforcement officer serving the order shall file the original receipt with the court and shall ensure that the law enforcement agency employing the law enforcement officer retains a copy of the receipt.

(5) If a third party claims lawful ownership or right of possession of a deadly weapon surrendered pursuant to this section, the law enforcement agency may return the deadly weapon to the third party if the third party provides proof of lawful ownership or right of possession of the deadly weapon, in a sworn affidavit, affirms that:

(a) The third party may lawfully possess the deadly weapon;

(b) The third party did not consent to the prior possession of the deadly weapon by the respondent; and

(c) The third party will prevent the respondent from accessing or possessing the deadly weapon in the future. [2017 c.737 §6]

Source: Section 166.537 — Surrender of deadly weapons pursuant to order , https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html (accessed May 26, 2025).
ORS § 161.735 — OR Code / Title 16 / Chapter 161 / Section 161.735
161.735 Procedure for determining whether defendant dangerous
Status: in_force

(1) Upon motion of the district attorney, and if, in the opinion of the court, there is reason to believe that the defendant falls within ORS 161.725 (Standards for sentencing of dangerous offenders) , the court shall order a presentence investigation and an examination by a psychiatrist or psychologist. The court may appoint one or more qualified psychiatrists or psychologists to examine the defendant in the local correctional facility.

(2) All costs connected with the examination shall be paid by the state.

(3) The examination performed pursuant to this section shall be completed within 30 days, subject to additional extensions not exceeding 30 days on order of the court. Each psychiatrist and psychologist appointed to examine a defendant under this section shall file with the court a written report of findings and conclusions, including an evaluation of whether the defendant is suffering from a severe personality disorder indicating a propensity toward criminal activity.

(4) No statement made by a defendant under this section or ORS 137.124 (Commitment of defendant to Department of Corrections or county) or 423.090 (Establishment or designation of diagnostic facilities) shall be used against the defendant in any civil proceeding or in any other criminal proceeding.

(5) Upon receipt of the examination and presentence reports the court shall set a time for a presentence hearing, unless the district attorney and the defendant waive the hearing. At the presentence hearing the district attorney and the defendant may question any psychiatrist or psychologist who examined the defendant pursuant to this section.

(6) If, after considering the evidence in the case or in the presentence hearing, the jury or, if the defendant waives the right to a jury trial, the court finds that the defendant comes within ORS 161.725 (Standards for sentencing of dangerous offenders) , the court may sentence the defendant as a dangerous offender.

(7) In determining whether a defendant has been previously convicted of a felony for purposes of ORS 161.725 (Standards for sentencing of dangerous offenders) , the court shall consider as prima facie evidence of the previous conviction:

(a) A copy of the judicial record of the conviction which copy is authenticated under ORS 40.510 (Rule 902. Self-authentication) ;

(b) A copy of the fingerprints of the subject of that conviction which copy is authenticated under ORS 40.510 (Rule 902. Self-authentication) ; and

(c) Testimony that the fingerprints of the subject of that conviction are those of the defendant.

(8) Subsection (7) of this section does not prohibit proof of the previous conviction by any other procedure.

(9) The facts required to be found to sentence a defendant as a dangerous offender under this section are enhancement facts, as defined in ORS 136.760 (Definitions for ORS 136.765 to 136.785) , and ORS 136.765 (Notice to defendant) to 136.785 (Burden of proof) apply to making determinations of those facts. [1971 c.743 §86; 1973 c.836 §341; 1981 c.892 §89a; 1983 c.740 §27; 1987 c.248 §1; 1999 c.163 §9; 2005 c.463 §§10,15; 2007 c.16 §5]

Source: Section 161.735 — Procedure for determining whether defendant dangerous , https://www.­oregonlegislature.­gov/bills_laws/ors/ors161.­html (accessed May 26, 2025).
ORS § 163a.220 — OR Code / Title 16 / Chapter 163a / Section 163a.220
163A.220 Internet website
Status: in_force

The Department of State Police shall consider:

(1) Contracting with a private vendor to build and maintain the website required by ORS 163A.215 (Release of sex offender information according to classification) (2)(a).

(2) Adding links on the website required by ORS 163A.215 (Release of sex offender information according to classification) (2)(a) that connect to other sex offender websites run by Oregon counties and by the federal government. [Formerly 181.836]

Source: Section 163A.220 — Internet website , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163A.­html (accessed May 26, 2025).
ORS § 162.455 — OR Code / Title 16 / Chapter 162 / Section 162.455
162.455 Interfering with legislative operations
Status: in_force

Any person not a member of the Legislative Assembly who engages in conduct in or near the legislative chambers of either house or in or near any meeting of a joint, standing, interim or special committee of either house, wherever held, with the intention of interrupting, disrupting or otherwise interfering with the orderly conduct of business therein, or who gains or seeks to gain access to the chambers or meeting in such manner shall be guilty of a misdemeanor. [1971 c.276 §1]

Source: Section 162.455 — Interfering with legislative operations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors162.­html (accessed May 26, 2025).
ORS § 169.042 — OR Code / Title 16 / Chapter 169 / Section 169.042
169.042 Maximum facility population
Status: in_force

The county court or board of commissioners of a county may institute an examination of the county’s local correctional facility for the purpose of obtaining a recommendation regarding the maximum number of adults in custody that should be held in the facility. This recommendation shall be based on consideration of the following:

(1) The advice of the district attorney, county counsel and sheriff concerning prevailing constitutional standards relating to conditions of incarceration;

(2) The design capacity of the local correctional facility;

(3) The physical condition of the local correctional facility; and

(4) The programs provided for adults in custody of the local correctional facility. [1989 c.884 §2; 2019 c.213 §121]

Source: Section 169.042 — Maximum facility population; recommendation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors169.­html (accessed May 26, 2025).
ORS § 167.372 — OR Code / Title 16 / Chapter 167 / Section 167.372
167.372 Possessing dogfighting paraphernalia
Status: in_force

(1) A person commits the crime of possessing dogfighting paraphernalia if the person owns or possesses dogfighting paraphernalia with the intent that the paraphernalia be used to train a dog as a fighting dog or be used in the furtherance of a dogfight.

(2) Possessing dogfighting paraphernalia is a Class C felony. [2005 c.467 §3; 2008 c.42 §2]

Source: Section 167.372 — Possessing dogfighting paraphernalia , https://www.­oregonlegislature.­gov/bills_laws/ors/ors167.­html (accessed May 26, 2025).
ORS § 167.339 — OR Code / Title 16 / Chapter 167 / Section 167.339
167.339 Assaulting a law enforcement animal
Status: in_force

(1) A person commits the crime of assaulting a law enforcement animal if:

(a) The person knowingly causes serious physical injury to or the death of a law enforcement animal, knowing that the animal is a law enforcement animal; and

(b) The injury or death occurs while the law enforcement animal is being used in the lawful discharge of the animal’s duties.

(2) Assaulting a law enforcement animal is a Class C felony. [2003 c.543 §3; 2009 c.555 §2; 2011 c.597 §168]

Source: Section 167.339 — Assaulting a law enforcement animal , https://www.­oregonlegislature.­gov/bills_laws/ors/ors167.­html (accessed May 26, 2025).
ORS § 166.638 — OR Code / Title 16 / Chapter 166 / Section 166.638
166.638 Discharging weapon across airport operational surfaces
Status: in_force

(1) Any person who knowingly or recklessly discharges any bow and arrow, gun, air gun or other firearm upon or across any airport operational surface commits a Class A misdemeanor. Any bow and arrow, gun, air gun or other firearm in the possession of the person that was used in committing a violation of this subsection may be confiscated and forfeited to the State of Oregon, and the clear proceeds shall be deposited with the State Treasury in the Common School Fund.

(2) As used in subsection (1) of this section, “airport operational surface” means any surface of land or water developed, posted or marked so as to give an observer reasonable notice that the surface is developed for the purpose of storing, parking, taxiing or operating aircraft, or any surface of land or water when actually being used for such purpose.

(3) Subsection (1) of this section does not prohibit the discharge of firearms by peace officers in the performance of their duty or by military personnel within the confines of a military reservation, or otherwise lawful hunting, wildlife control or other discharging of firearms done with the consent of the proprietor, manager or custodian of the airport operational surface.

(4) The hunting license revocation provided in ORS 497.415 (Revocation or denial of licenses, tags or permits for wildlife law violations or failure to comply with citation) is in addition to and not in lieu of the penalty provided in subsection (1) of this section. [1981 c.901 §2; 1987 c.858 §2]

Source: Section 166.638 — Discharging weapon across airport operational surfaces , https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html (accessed May 26, 2025).
ORS § 167.500 — OR Code / Title 16 / Chapter 167 / Section 167.500
167.500 Definitions for ORS 167.502, 167.506 and 167.508
Status: in_force

As used in ORS 167.502 (Sale of certain items at unused property market prohibited) , 167.506 (Recordkeeping requirements) and 167.508 (Exemptions from ORS 167.502 and 167.506) :

(1) “Baby food” or “infant formula” means food manufactured, packaged and labeled specifically for sale for consumption by a child under the age of two years.

(2) “Medical device” means an object or substance that is:

(a) Required under federal law to bear the label “Caution: Federal law requires dispensing by or on the order of a physician”; or

(b) Defined by federal law as a medical device and is intended:

(A) For use in the diagnosis of disease or other conditions in humans or animals;

(B) For use in the cure, mitigation, treatment or prevention of disease in humans or animals; or

(C) To affect the structure or a function of the bodies of humans or animals without achieving any of its principal intended purposes through metabolism or through chemical action within or on the bodies of humans or animals.

(3) “New and unused property” means tangible personal property:

(a) That was acquired by a person directly from a producer, manufacturer, wholesaler or retailer in the ordinary course of business and has not been used since its production or manufacture; or

(b) That was packaged when it was originally produced or manufactured and the property is in its original and unopened package.

(4) Intentionally left blank —Ed.

(a) “Nonprescription drugs” means drugs that may be sold without a prescription and that, in accordance with the requirements of the statutes and regulations of this state and the federal government, are:

(A) Prepackaged for use by a consumer;

(B) Prepared by a manufacturer or producer for use by a consumer; and

(C) Labeled and unadulterated.

(b) “Nonprescription drugs” does not include herbal products, dietary supplements, botanical extracts or vitamins.

(5) “Prior conviction” means a conviction that was entered prior to imposing sentence on the current crime, provided that the prior conviction is based on a crime committed in a separate criminal episode.

(6) “Unused property market” means an event:

(a) Where at least two persons offer new and unused property for sale or exchange and the person organizing or conducting the event charges a fee upon the sale or exchange of the new and unused property;

(b) Where at least two persons offer new and unused property for sale or exchange and a prospective buyer must pay a fee for admission to an area where new and unused property is offered for sale or exchange; or

(c) Where new and unused property is offered for sale or exchange for more than 12 days in one 12-month period. [2003 c.338 §1]

Note: 167.500 (Definitions for ORS 167.502, 167.506 and 167.508) , 167.502 (Sale of certain items at unused property market prohibited) , 167.506 (Recordkeeping requirements) and 167.508 (Exemptions from ORS 167.502 and 167.506) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 167 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 167.500 — Definitions for ORS 167.502, 167.506 and 167.508 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors167.­html (accessed May 26, 2025).
ORS § 163a.005 — OR Code / Title 16 / Chapter 163a / Section 163a.005
163A.005 Definitions for ORS 163A.005 to 163A.235
Status: in_force

As used in ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235) to 163A.235 (Agreements to resolve concerns about community notification) :

(1) “Another United States court” means a federal court, a military court, the tribal court of a federally recognized Indian tribe or a court of:

(a) A state other than Oregon;

(b) The District of Columbia;

(c) The Commonwealth of Puerto Rico;

(d) Guam;

(e) American Samoa;

(f) The Commonwealth of the Northern Mariana Islands; or

(g) The United States Virgin Islands.

(2) “Attends” means is enrolled on a full-time or part-time basis.

(3) Intentionally left blank —Ed.

(a) “Correctional facility” means any place used for the confinement of persons:

(A) Charged with or convicted of a crime or otherwise confined under a court order.

(B) Found to be within the jurisdiction of the juvenile court for having committed an act that if committed by an adult would constitute a crime.

(b) “Correctional facility” applies to a state hospital or a secure intensive community inpatient facility only as to persons detained therein charged with or convicted of a crime, or detained therein after being found guilty except for insanity under ORS 161.290 (Incapacity due to immaturity) to 161.373 (Records for fitness to proceed examination) or responsible except for insanity under ORS 419C.411 (Disposition order) .

(4) “Institution of higher education” means a public or private educational institution that provides a program of post-secondary education.

(5) “Sex crime” means:

(a) Rape in any degree;

(b) Sodomy in any degree;

(c) Unlawful sexual penetration in any degree;

(d) Sexual abuse in any degree;

(e) Incest with a child victim;

(f) Using a child in a display of sexually explicit conduct;

(g) Encouraging child sexual abuse in any degree;

(h) Transporting child pornography into the state;

(i) Paying for viewing a child’s sexually explicit conduct;

(j) Compelling prostitution;

(k) Promoting prostitution;

(L) Kidnapping in the first degree if the victim was under 18 years of age;

(m) Contributing to the sexual delinquency of a minor;

(n) Sexual misconduct if the offender is at least 18 years of age;

(o) Possession of materials depicting sexually explicit conduct of a child in the first degree;

(p) Kidnapping in the second degree if the victim was under 18 years of age, except by a parent or by a person found to be within the jurisdiction of the juvenile court;

(q) Online sexual corruption of a child in any degree if the offender reasonably believed the child to be more than five years younger than the offender;

(r) Luring a minor, if:

(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) The court designates in the judgment that the offense is a sex crime;

(s) Sexual assault of an animal;

(t) Public indecency or private indecency, if the person has a prior conviction for a crime listed in this subsection;

(u) Trafficking in persons as described in ORS 163.266 (Trafficking in persons) (1)(b) or (c);

(v) Purchasing sex with a minor if the court designates the offense as a sex crime pursuant to ORS 163.413 (Purchasing sex with a minor) (3)(d), or the offense is the defendant’s second or subsequent conviction under ORS 163.413 (Purchasing sex with a minor) (3)(b)(B);

(w) Invasion of personal privacy in the first degree, if the court designates the offense as a sex crime pursuant to ORS 163.701 (Invasion of personal privacy in the first degree) (3);

(x) Sexual abuse by fraudulent representation;

(y) Any attempt to commit any of the crimes listed in paragraphs (a) to (x) of this subsection;

(z) Burglary, when committed with intent to commit any of the offenses listed in paragraphs (a) to (x) of this subsection; or

(aa) Criminal conspiracy if the offender agrees with one or more persons to engage in or cause the performance of an offense listed in paragraphs (a) to (x) of this subsection.

(6) “Sex offender” means a person who:

(a) Has been convicted of a sex crime;

(b) Has been found guilty except for insanity of a sex crime;

(c) Has been convicted in another United States court of a crime:

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

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

(d) Is described in ORS 163A.025 (Reporting by sex offender adjudicated in juvenile court) (1).

(7) “Works” or “carries on a vocation” means full-time or part-time employment for more than 14 days within one calendar year whether financially compensated, volunteered or for the purpose of governmental or educational benefit. [Formerly 181.805; 2023 c.200 §4]

Source: Section 163A.005 — Definitions for ORS 163A.005 to 163A.235 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163A.­html (accessed May 26, 2025).
ORS § 169.046 — OR Code / Title 16 / Chapter 169 / Section 169.046
169.046 Notice of county jail population emergency
Status: in_force

(1) If a county court or board adopts a jail capacity limit under ORS 169.044 (Action on recommendation) and the number of adults in custody in its local correctional facility exceeds that capacity limit so that a county jail population emergency exists, the sheriff shall notify the presiding circuit judge, each municipal court judge and justice of the peace in the county, the district attorney for the county, the county counsel, the chief law enforcement officer for each city located in the county and the county court or board of commissioners that the number of adults in custody in the local correctional facility has exceeded capacity and that a county jail population emergency exists.

(2) If the county court or board has adopted a jail capacity limit and action plan under ORS 169.044 (Action on recommendation) and if a county jail population emergency occurs under the terms of the plan, the county court or board and the county sheriff may carry out the steps of the plan. This includes any authorization, under the plan, for the sheriff to order adults in custody released in order to reduce the jail population. A sheriff shall be immune from criminal or civil liability for any good faith release of adults in custody under ORS 169.042 (Maximum facility population) to 169.046 (Notice of county jail population emergency) .

(3) If it becomes necessary to order adults in custody released under ORS 169.042 (Maximum facility population) to 169.046 (Notice of county jail population emergency) , or if it appears to the sheriff that release of adults in custody is likely to become necessary in the near future, the sheriff shall immediately notify all police agencies in the county to make maximum use of citations in lieu of custody pursuant to ORS 133.055 (Criminal citation) to 133.076 (Failure to appear on criminal citation) until further notice.

(4) If it becomes necessary to order the release of adults in custody under ORS 169.042 (Maximum facility population) to 169.046 (Notice of county jail population emergency) , the sheriff may place adults in custody on forced release subject to a forced release agreement. A forced release agreement must be in writing and be signed by the sheriff and the adult in custody and must include:

(a) The date of the next court appearance of the adult in custody;

(b) A statement that the adult in custody is required to appear at the next court appearance; and

(c) A statement that failure of the adult in custody to appear at the next court appearance is subject to prosecution under ORS 162.195 (Failure to appear in the second degree) or 162.205 (Failure to appear in the first degree) . [1989 c.884 §§4,5,6; 1999 c.1051 §71; 2001 c.517 §2; 2019 c.213 §44]

Source: Section 169.046 — Notice of county jail population emergency; action to be taken; notification if release likely; forced release , https://www.­oregonlegislature.­gov/bills_laws/ors/ors169.­html (accessed May 26, 2025).
ORS § 161.610 — OR Code / Title 16 / Chapter 161 / Section 161.610
161.610 Enhanced penalty for use of firearm during commission of felony
Status: in_force

(1) As used in this section, “firearm” has the meaning given that term in ORS 166.210 (Definitions) .

(2) The use or threatened use of a firearm, whether operable or inoperable, by a defendant during the commission of a felony may be pleaded in the accusatory instrument and proved at trial as an element in aggravation of the crime as provided in this section. When a crime is so pleaded, the aggravated nature of the crime may be indicated by adding the words “with a firearm” to the title of the offense. The unaggravated crime shall be considered a lesser included offense.

(3) Notwithstanding the provisions of ORS 161.605 (Maximum terms of imprisonment for felonies) or 137.010 (Duty of court to ascertain and impose punishment) (3) and except as otherwise provided in subsection (6) of this section, if a defendant is convicted of a felony having as an element the defendant’s use or threatened use of a firearm during the commission of the crime, the court shall impose at least the minimum term of imprisonment as provided in subsection (4) of this section. Except as provided in ORS 144.122 (Advancing initial release date) and 144.126 (Advancing release date of prisoner with severe medical condition including terminal illness or who is elderly and permanently incapacitated) and subsection (5) of this section, in no case shall any person punishable under this section become eligible for work release, parole, temporary leave or terminal leave until the minimum term of imprisonment is served, less a period of time equivalent to any reduction of imprisonment granted for good time served or time credits earned under ORS 421.121 (Reduction in term of incarceration) , nor shall the execution of the sentence imposed upon such person be suspended by the court.

(4) The minimum terms of imprisonment for felonies having as an element the defendant’s use or threatened use of a firearm in the commission of the crime shall be as follows:

(a) Except as provided in subsection (5) of this section, upon the first conviction for such felony, five years, except that if the firearm is a machine gun, short-barreled rifle, short-barreled shotgun or is equipped with a firearms silencer, the term of imprisonment shall be 10 years.

(b) Upon conviction for such felony committed after punishment pursuant to paragraph (a) of this subsection or subsection (5) of this section, 10 years, except that if the firearm is a machine gun, short-barreled rifle, short-barreled shotgun or is equipped with a firearms silencer, the term of imprisonment shall be 20 years.

(c) Upon conviction for such felony committed after imprisonment pursuant to paragraph (b) of this subsection, 30 years.

(5) If it is the first time that the defendant is subject to punishment under this section, rather than impose the sentence otherwise required by subsection (4)(a) of this section, the court may:

(a) For felonies committed prior to November 1, 1989, suspend the execution of the sentence or impose a lesser term of imprisonment, when the court expressly finds mitigating circumstances justifying such lesser sentence and sets forth those circumstances in its statement on sentencing; or

(b) For felonies committed on or after November 1, 1989, impose a lesser sentence in accordance with the rules of the Oregon Criminal Justice Commission.

(6) When a defendant who is convicted of a felony having as an element the defendant’s use or threatened use of a firearm during the commission of the crime is a person who was waived under ORS 137.707 (Mandatory minimum sentences for certain juvenile offenders waived to adult court) (5)(b)(A), 419C.349 (Grounds for waiving youth to adult court) (1)(b), 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) , the court is not required to impose a minimum term of imprisonment under this section. [1979 c.779 §2; 1985 c.552 §1; 1989 c.790 §72; 1989 c.839 §18; 1991 c.133 §3; 1993 c.692 §9; 1999 c.951 §3; 2005 c.407 §1; 2009 c.610 §5; 2019 c.634 §7]

Source: Section 161.610 — Enhanced penalty for use of firearm during commission of felony; pleading; minimum penalties; suspension or reduction of penalty , https://www.­oregonlegislature.­gov/bills_laws/ors/ors161.­html (accessed May 26, 2025).
ORS § 167.090 — OR Code / Title 16 / Chapter 167 / Section 167.090
167.090 Publicly displaying nudity or sex for advertising purposes
Status: in_force

(1) A person commits the crime of publicly displaying nudity or sex for advertising purposes if, for advertising purposes, the person knowingly:

(a) Displays publicly or causes to be displayed publicly a picture, photograph, drawing, sculpture or other visual representation or image of a person or portion of the human body that depicts nudity, sadomasochistic abuse, sexual conduct or sexual excitement, or any page, poster or other written or printed matter bearing such representation or a verbal description or narrative account of such items or activities, or any obscenities; or

(b) Permits any display described in this section on premises owned, rented or operated by the person.

(2) Publicly displaying nudity or sex for advertising purposes is a Class A misdemeanor. [1971 c.743 §261]

Source: Section 167.090 — Publicly displaying nudity or sex for advertising purposes , https://www.­oregonlegislature.­gov/bills_laws/ors/ors167.­html (accessed May 26, 2025).
ORS § 163a.215 — OR Code / Title 16 / Chapter 163a / Section 163a.215
163A.215 Release of sex offender information according to classification
Status: in_force

(1) Intentionally left blank —Ed.

(a) A notifying agency or a supervising agency shall release, upon request, any information that may be necessary to protect the public concerning sex offenders who reside in a specific area or concerning a specific sex offender.

(b) A notifying agency or a supervising agency may release sex offender information to a law enforcement agency if the notifying agency or supervising agency determines that the release of information is in the public interest.

(c) In addition to the release of information described in this subsection and ORS 137.540 (Conditions of probation) , 144.260 (Notice of prospective release on parole or post-prison supervision) and 441.373 (Admission to or removal from long term care facility, residential care facility or adult foster home of person convicted of sex crime) , a notifying agency or a supervising agency may release sex offender information to the public in accordance with subsections (2) to (4) of this section.

(2) If the sex offender is classified as a level three sex offender under ORS 163A.100 (Risk assessment methodology) (3):

(a) The Department of State Police shall release sex offender information on a website maintained by the department; and

(b) The supervising agency or a notifying agency may release sex offender information to:

(A) A person that resides with the sex offender;

(B) A person with whom the sex offender has a significant relationship;

(C) Residential neighbors and churches, community parks, schools and child care centers, convenience stores, businesses and other places that children or other potential victims may frequent;

(D) A long term care facility, as defined in ORS 442.015 (Definitions) , or a residential care facility, as defined in ORS 443.400 (Definitions for ORS 443.400 to 443.455) , if the agency knows that the sex offender is seeking admission to the facility; and

(E) Local or regional media sources.

(3) Notwithstanding subsection (2)(a) of this section, the Department of State Police may not use the Internet to make available to the public information concerning a sex offender classified as a level three sex offender under ORS 163A.100 (Risk assessment methodology) (3) while the person is under the supervision of the Psychiatric Security Review Board, unless the department is authorized to do so by a request of the supervising agency.

(4) If the sex offender is classified as a level two sex offender under ORS 163A.100 (Risk assessment methodology) (2), the supervising agency or a notifying agency may release sex offender information to the persons or entities described in subsection (2)(b)(A) to (D) of this section.

(5) If the sex offender is classified as a level one sex offender under ORS 163A.100 (Risk assessment methodology) (1), the supervising agency or a notifying agency may release sex offender information to a person described in subsection (2)(b)(A) of this section.

(6) As used in this section:

(a) “Notifying agency” means the Department of State Police, a city police department, a county sheriff’s office or a police department established by a university under ORS 352.121 (University police departments and officers) .

(b) “Sex offender information” means information that the Department of State Police determines by rule is appropriate for release to the public.

(c) “Supervising agency” means a governmental entity responsible for supervising a person required to report as a sex offender under ORS 163A.010 (Reporting by sex offender discharged, paroled or released from correctional facility or another United States jurisdiction) or 163A.015 (Reporting by sex offender discharged, released or placed on probation by court or another United States jurisdiction) . [Formerly 181.835; 2017 c.442 §33]

Note: See note under 163A.115 (When certain classification required) .

Source: Section 163A.215 — Release of sex offender information according to classification , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163A.­html (accessed May 26, 2025).
ORS § 163.426 — OR Code / Title 16 / Chapter 163 / Section 163.426
163.426 Crime category classification for sexual abuse in the second degree
Status: in_force

(1) As used in this section:

(a) “Coach” means a person who instructs or trains an individual or members of a team in a sport.

(b) “Teacher” means an employee of a school or school district who has direct responsibility for the instruction of students.

(2) The Oregon Criminal Justice Commission shall classify sexual abuse in the second degree as described in ORS 163.425 (Sexual abuse in the second degree) (1)(a) as a crime category 8 of the sentencing guidelines grid of the commission if:

(a) The victim is incapable of consent by reason of being under 18 years of age;

(b) The offender is 21 years of age or older; and

(c) At any time before the commission of the offense, the offender was the victim’s coach or teacher. [2009 c.876 §1; 2021 c.403 §2]

Note: 163.426 (Crime category classification for sexual abuse in the second degree) 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 163.426 — Crime category classification for sexual abuse in the second degree , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 163.777 — OR Code / Title 16 / Chapter 163 / Section 163.777
163.777 Fees or undertaking may not be required
Status: in_force

(1) Intentionally left blank —Ed.

(a) A filing fee, service fee or hearing fee may not be charged for proceedings seeking only the relief provided under ORS 163.760 (Definitions for ORS 163.760 to 163.777) to 163.777 (Fees or undertaking may not be required) .

(b) An undertaking may not be required in any proceeding under ORS 163.760 (Definitions for ORS 163.760 to 163.777) to 163.777 (Fees or undertaking may not be required) .

(2) A proceeding under ORS 163.760 (Definitions for ORS 163.760 to 163.777) to 163.777 (Fees or undertaking may not be required) is in addition to any other available civil or criminal remedies.

(3) Intentionally left blank —Ed.

(a) The State Court Administrator shall produce:

(A) The forms for petitions and restraining orders, hearing requests and any related forms for use under ORS 163.760 (Definitions for ORS 163.760 to 163.777) to 163.777 (Fees or undertaking may not be required) ; and

(B) An instructional brochure explaining the rights set forth in ORS 163.760 (Definitions for ORS 163.760 to 163.777) to 163.777 (Fees or undertaking may not be required) .

(b) The State Court Administrator shall provide the forms and copies of the instructional brochure to the clerks of the circuit court who shall make the forms and brochures available to the public. [2013 c.687 §§8,10]

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

Source: Section 163.777 — Fees or undertaking may not be required; forms and brochures , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 163a.030 — OR Code / Title 16 / Chapter 163a / Section 163a.030
163A.030 Hearing on issue of reporting by sex offender adjudicated in juvenile court
Status: in_force

(1) Intentionally left blank —Ed.

(a) Except as provided in subsection (6) of this section, the juvenile court shall hold a hearing on the issue of reporting as a sex offender by a person who has been 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 if:

(A) The person was adjudicated on or after August 12, 2015; or

(B) The person was adjudicated before August 12, 2015, and was still under the jurisdiction of the juvenile court or the Psychiatric Security Review Board on April 4, 2016.

(b) Unless the court continues the hearing described in this section for good cause, the hearing must be held:

(A) During the six-month period before the termination of juvenile court jurisdiction over the person; or

(B) During the six-month period after the court receives the notice described in subsection (2) of this section from the Psychiatric Security Review Board, if the person was placed under the jurisdiction of the board.

(c) The court shall notify the person of the person’s right to a hearing under this section upon finding the person within the jurisdiction of the juvenile court under ORS 419C.005 (Jurisdiction) .

(2) Intentionally left blank —Ed.

(a) The county or state agency responsible for supervising the person shall notify the person and the juvenile court when the agency determines that termination of jurisdiction is likely to occur within six months.

(b) If the Psychiatric Security Review Board discharges a person prior to the end of the board’s jurisdiction over the person, the board shall notify the juvenile court within three business days after the discharge date.

(3) Upon receipt of the notice described in subsection (2) of this section, the court shall:

(a) Appoint an attorney for the person as described in subsection (4) of this section;

(b) Set an initial hearing date; and

(c) Notify the parties and the juvenile department or the Psychiatric Security Review Board, if the department or board is supervising or has jurisdiction over the person, of the hearing at least 60 days before the hearing date.

(4) Intentionally left blank —Ed.

(a) A person who is the subject of a hearing under this section has the right to be represented by a suitable attorney possessing skills and experience commensurate with the nature and complexity of the case, to consult with the attorney prior to the hearing and to have a suitable attorney appointed at state expense.

(b) In order to comply with the right to counsel under paragraph (a) of this subsection, the court may:

(A) Continue the appointment of the attorney appointed under ORS 419C.200 (Court-appointed counsel for youth) at the time of disposition;

(B) Set a date prior to the hearing under this section in order to reappoint the attorney appointed under ORS 419C.200 (Court-appointed counsel for youth) ; or

(C) Appoint or reappoint an attorney at any time in response to a request by the person who is the subject of a hearing under this section.

(5) Intentionally left blank —Ed.

(a) The district attorney shall notify the victim prior to the hearing of the right to appear and the right to be heard under ORS 419C.273 (Right of victim to be present at proceedings) .

(b) If the person is under the jurisdiction of the Psychiatric Security Review Board, the board shall notify the following of the hearing:

(A) The mental health agency providing services to the person, if any;

(B) The person’s board defense attorney; and

(C) The assistant attorney general representing the state at board hearings.

(6) Intentionally left blank —Ed.

(a) A person may waive the right to the hearing described in this section only after receiving the notice described in subsection (2)(a) of this section and after consultation with the person’s attorney. If the court finds that the person has knowingly waived the right to a hearing, the court shall enter an order requiring the person to report as a sex offender under ORS 163A.025 (Reporting by sex offender adjudicated in juvenile court) .

(b) If a person fails to appear at a hearing described in this section, the court may enter an order requiring the person to report as a sex offender under ORS 163A.025 (Reporting by sex offender adjudicated in juvenile court) .

(7) At the hearing described in subsection (1) of this section:

(a) The district attorney, the victim, the person and the juvenile department or a representative of the Oregon Youth Authority shall have an opportunity to be heard.

(b) The person who is the subject of the hearing has the burden of proving by clear and convincing evidence that the person is rehabilitated and does not pose a threat to the safety of the public. If the court finds that the person has not met the burden of proof, the court shall enter an order requiring the person to report as a sex offender under ORS 163A.025 (Reporting by sex offender adjudicated in juvenile court) .

(8) In determining whether the person has met the burden of proof, the juvenile court may consider but need not be limited to considering:

(a) The extent and impact of any physical or emotional injury to the victim;

(b) The nature of the act that subjected the person to the duty of reporting as a sex offender;

(c) Whether the person used or threatened to use force in committing the act;

(d) Whether the act was premeditated;

(e) Whether the person took advantage of a position of authority or trust in committing the act;

(f) The age of any victim at the time of the act, the age difference between any victim and the person and the number of victims;

(g) The vulnerability of the victim;

(h) Other acts committed by the person that would be crimes if committed by an adult and criminal activities engaged in by the person before and after the adjudication;

(i) Statements, documents and recommendations by or on behalf of the victim or the parents of the victim;

(j) The person’s willingness to accept personal responsibility for the act and personal accountability for the consequences of the act;

(k) The person’s ability and efforts to pay the victim’s expenses for counseling and other trauma-related expenses or other efforts to mitigate the effects of the act;

(L) Whether the person has participated in and satisfactorily completed a sex offender treatment program or any other intervention, and if so the juvenile court may also consider:

(A) The availability, duration and extent of the treatment activities;

(B) Reports and recommendations from the providers of the treatment;

(C) The person’s compliance with court, board or supervision requirements regarding treatment; and

(D) The quality and thoroughness of the treatment program;

(m) The person’s academic and employment history;

(n) The person’s use of drugs or alcohol before and after the adjudication;

(o) The person’s history of public or private indecency;

(p) The person’s compliance with and success in completing the terms of supervision;

(q) The results of psychological examinations of the person;

(r) The protection afforded the public by records of sex offender registration; and

(s) Any other relevant factors.

(9) In a hearing under this section, the juvenile court may receive testimony, reports and other evidence, without regard to whether the evidence is admissible under ORS 40.010 (Rule 100. Short title) to 40.210 (Rule 412. Sex offense cases) and 40.310 (Rule 601. General rule of competency) to 40.585 (Rule 1008. Functions of court and jury) , if the evidence is relevant evidence related to the determination and findings required under this section. As used in this subsection, “relevant evidence” has the meaning given that term in ORS 40.150 (Rule 401. Definition of “relevant evidence.”) .

(10) Intentionally left blank —Ed.

(a) In a hearing under this section, the Oregon Youth Authority or the juvenile department, if either agency is supervising the person, or the Psychiatric Security Review Board, if the board has jurisdiction over the person, shall file with the juvenile court the following records and materials in the possession of the agency or board at least 45 days prior to the hearing unless good cause is shown:

(A) Evaluations and treatment records concerning the person conducted by a clinician or program operating under the standards of practice for the evaluation and treatment of juvenile sex offenders adopted by the Sexual Offense Treatment Board under ORS 675.400 (Duties of board) , and recommendations contained therein regarding the need for the person to register in order to protect the public from future sex crimes;

(B) All examination preparation material and examination records from polygraph examinations conducted by or for the treatment provider, juvenile department or Oregon Youth Authority; and

(C) The Psychiatric Security Review Board exhibit file.

(b) Any records and materials filed with the court under this subsection shall be made available to the parties in accordance with ORS 419A.255 (Maintenance) .

(11) Intentionally left blank —Ed.

(a) When the juvenile court enters an order described in subsection (6)(a) or (7)(b) of this section, the court shall ensure that the person completes a form that documents the person’s obligation to report under ORS 163A.025 (Reporting by sex offender adjudicated in juvenile court) . No later than three business days after the person completes the form required by this subsection, the court shall ensure that the form is sent to the Department of State Police.

(b) If the court enters an order under this section, no later than three business days after entry of the order, the court shall ensure that the order is sent to the Department of State Police.

(12) Notwithstanding ORS 419C.005 (Jurisdiction) (4)(c), (d) and (e), the juvenile court retains jurisdiction over a person for purposes of this section.

(13) As used in this section, “parties” means the person, the state as represented by the district attorney or the juvenile department, and the Oregon Youth Authority or other child care agency, if the person is temporarily committed to the authority or agency. [2015 c.820 §31; 2016 c.95 §2; 2019 c.68 §13; 2019 c.430 §17; 2021 c.597 §33]

Source: Section 163A.030 — Hearing on issue of reporting by sex offender adjudicated in juvenile court; right to counsel , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163A.­html (accessed May 26, 2025).
ORS § 163.191 — OR Code / Title 16 / Chapter 163 / Section 163.191
163.191 Intimidation by display of a noose
Status: in_force

(1) A person commits the crime of intimidation by display of a noose if:

(a) The person, with the intent to intimidate another person or place another person in fear of imminent bodily harm, knowingly places a noose:

(A) On public property; or

(B) On private property without the written consent of the property owner;

(b) The other person is intimidated or placed in fear of imminent bodily harm by the display; and

(c) A reasonable person would be intimidated or placed in fear of imminent bodily harm by the display.

(2) Intimidation by display of a noose is a Class A misdemeanor.

(3) As used in this section:

(a) “Intimidate” means to threaten another person in a manner that compels or deters the other person’s conduct.

(b) “Noose” means a tied loop in the end of a length of rope or cord. [2021 c.276 §1]

Note: 163.191 (Intimidation by display of a noose) 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 163.191 — Intimidation by display of a noose , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 163.192 — OR Code / Title 16 / Chapter 163 / Section 163.192
163.192 Endangering a person protected by a Family Abuse Prevention Act restraining order
Status: in_force

(1) A person commits the crime of endangering a person protected by a Family Abuse Prevention Act restraining order if the person:

(a) Has been served with the order as provided in ORS 107.718 (Restraining order) , unless service was waived under ORS 107.720 (Enforcement of restraining orders) because the person appeared before the court;

(b) Intentionally engaged in conduct prohibited by the order while the order was in effect; and

(c) By engaging in the prohibited conduct, recklessly created a substantial risk of physical injury to a person protected by the order, or intentionally attempted to place a person protected by the order in fear of imminent physical injury.

(2) Endangering a person protected by a Family Abuse Prevention Act restraining order is a Class C felony. [2015 c.527 §2]

Note: 163.192 (Endangering a person protected by a Family Abuse Prevention Act restraining order) was added to and made a part of 163.160 (Assault in the fourth degree) to 163.208 (Assaulting a public safety officer) by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 163.192 — Endangering a person protected by a Family Abuse Prevention Act restraining order , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 161.175 — OR Code / Title 16 / Chapter 161 / Section 161.175
161.175 Criminal liability of an individual for corporate conduct
Status: in_force

A person is criminally liable for conduct constituting an offense which the person performs or causes to be performed in the name of or in behalf of a corporation to the same extent as if such conduct were performed in the person’s own name or behalf. [1971 c.743 §17]

Source: Section 161.175 — Criminal liability of an individual for corporate conduct , https://www.­oregonlegislature.­gov/bills_laws/ors/ors161.­html (accessed May 26, 2025).
ORS § 161.265 — OR Code / Title 16 / Chapter 161 / Section 161.265
161.265 Use of physical force by guard or peace officer employed in correctional facility
Status: in_force

(1) Except as provided in ORS 161.237 (Use of physical force involving pressure on throat or neck by peace officer or corrections officer) , a guard or other peace officer employed in a correctional facility, as that term is defined in ORS 162.135 (Definitions for ORS 162.135 to 162.205) , is justified in using physical force, including deadly physical force, upon another person if the person poses an imminent threat of physical injury to the guard or peace officer or to a third person or the guard or peace officer reasonably believes it necessary to prevent the escape of a prisoner from a correctional facility. The guard or peace officer may use physical force under this subsection only to the degree that the guard or peace officer reasonably believes necessary to prevent the physical injury or escape.

(2) Notwithstanding subsection (1) of this section, a guard or other peace officer employed by the Department of Corrections may not use deadly physical force in the circumstances described in ORS 161.267 (Use of physical force by corrections officer or official employed by Department of Corrections) (3). [1971 c.743 §33; 2005 c.431 §3; 2020 s.s.2 c.3 §§4,11]

Source: Section 161.265 — Use of physical force by guard or peace officer employed in correctional facility , https://www.­oregonlegislature.­gov/bills_laws/ors/ors161.­html (accessed May 26, 2025).
ORS § 166.262 — OR Code / Title 16 / Chapter 166 / Section 166.262
166.262 Limitation on peace officer’s authority to arrest for violating ORS 166.250 or 166.370
Status: in_force

A peace officer may not arrest or charge a person for violating ORS 166.250 (Unlawful possession of firearms) (1)(a) or (b) or 166.370 (Possession of firearm or dangerous weapon in public building or court facility) (1)(a) if the person has in the person’s immediate possession:

(1) A valid license to carry a firearm as provided in ORS 166.291 (Issuance of concealed handgun license) and 166.292 (Procedure for issuing) , unless the person possesses a firearm within the Capitol, within the passenger terminal of a commercial service airport with over one million passenger boardings per year or on school grounds subject to a policy described in ORS 166.377 (Possession of firearms in certain public buildings by concealed handgun licensees) ;

(2) Proof that the person is a law enforcement officer; or

(3) Proof that 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) . [1999 c.1040 §5; 2015 c.709 §3; 2021 c.146 §11]

Source: Section 166.262 — Limitation on peace officer’s authority to arrest for violating ORS 166.250 or 166.370 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html (accessed May 26, 2025).
ORS § 163.211 — OR Code / Title 16 / Chapter 163 / Section 163.211
163.211 Definitions for ORS 163.211 to 163.213
Status: in_force

As used in ORS 163.211 (Definitions for ORS 163.211 to 163.213) to 163.213 (Unlawful use of an electrical stun gun, tear gas or mace in the first degree) :

(1) “Corrections officer” and “parole and probation officer” have the meanings given those terms in ORS 181A.355 (Definitions for ORS 181A.355 to 181A.689) .

(2) “Mace, tear gas, pepper mace or any similar deleterious agent” means a sternutator, lacrimator or any substance composed of a mixture of a sternutator or lacrimator including, but not limited to, chloroacetophenone, alpha-chloroacetophenone, phenylchloromethylketone, orthochlorobenzalmalononitrile, oleoresin capsicum or a chemically similar sternutator or lacrimator by whatever name known, or phosgene or other gas or substance capable of generating offensive, noxious or suffocating fumes, gases or vapor or capable of immobilizing a person.

(3) “Tear gas weapon” includes:

(a) Any shell, cartridge or bomb capable of being discharged or exploded, when the discharge or explosion will cause or permit the release or emission of tear gas or oleoresin capsicum.

(b) Any revolver, pistol, fountain pen gun, billy or other form of device, portable or fixed, intended for the projection or release of tear gas or oleoresin capsicum. [1995 c.651 §1]

Note: 163.211 (Definitions for ORS 163.211 to 163.213) to 163.213 (Unlawful use of an electrical stun gun, tear gas or mace in the first degree) 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 163.211 — Definitions for ORS 163.211 to 163.213 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 163.285 — OR Code / Title 16 / Chapter 163 / Section 163.285
163.285 Defense to coercion
Status: in_force

In any prosecution for coercion committed by instilling in the victim a fear that the victim or another person would be charged with a crime, it is a defense that the defendant reasonably believed the threatened charge to be true and that the sole purpose of the defendant was to compel or induce the victim to take reasonable action to make good the wrong which was the subject of the threatened charge. [1971 c.743 §103]

Source: Section 163.285 — Defense to coercion , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 163.269 — OR Code / Title 16 / Chapter 163 / Section 163.269
163.269 Defenses for victims of involuntary servitude and trafficking in persons
Status: in_force

(1) A person who is the victim of a crime described in ORS 163.263 (Subjecting another person to involuntary servitude in the second degree) , 163.264 (Subjecting another person to involuntary servitude in the first degree) or 163.266 (Trafficking in persons) may assert the defense of duress, as described in ORS 161.270 (Duress) , if the person is prosecuted for conduct that constitutes services under ORS 163.261 (Definitions for ORS 163.261, 163.263 and 163.264) , that the person was caused to provide.

(2) In a prosecution for a crime other than a person crime based on conduct that constitutes services under ORS 163.261 (Definitions for ORS 163.261, 163.263 and 163.264) that a person was caused to provide, it is an affirmative defense that the person was a human trafficking victim at the time of engaging in the conduct and engaged in the conduct due to being a human trafficking victim.

(3) As used in this section:

(a) “Human trafficking” means conduct constituting an offense under ORS 163.263 (Subjecting another person to involuntary servitude in the second degree) , 163.264 (Subjecting another person to involuntary servitude in the first degree) or 163.266 (Trafficking in persons) .

(b) “Human trafficking victim” means a person who is subjected to human trafficking regardless of whether the perpetrator of the human trafficking is identified, apprehended, prosecuted or convicted.

(c) “Person crime” means a person felony or a person Class A misdemeanor, as those terms are defined in the rules of the Oregon Criminal Justice Commission. [2007 c.811 §10; 2023 c.217 §5]

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

Source: Section 163.269 — Defenses for victims of involuntary servitude and trafficking in persons , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 166.434 — OR Code / Title 16 / Chapter 166 / Section 166.434
166.434 Requirements for criminal background checks
Status: in_force

(1) In addition to the determination required by ORS 166.412 (Definitions) (3)(a)(A), in conducting a criminal background check or criminal history record check, the Department of State Police shall also determine whether the recipient is otherwise prohibited by state or federal law from possessing a firearm.

(2) Notwithstanding ORS 166.412 (Definitions) (5), the department is not required to operate the telephone number established under ORS 166.412 (Definitions) (5) on Thanksgiving Day or Christmas Day.

(3) Intentionally left blank —Ed.

(a) The department may charge a fee, not to exceed the amount authorized under ORS 166.414 (Fees for conducting criminal history record checks) , for criminal background checks required under this section or ORS 166.435 (Firearm transfers by unlicensed persons) or 166.436 (Department of State Police criminal background checks for gun show firearm transfers) .

(b) The department shall establish a reduced fee for subsequent criminal background checks on the same recipient that are performed during the same day between the hours of 8 a.m. and 10 p.m. [2001 c.1 §5; 2015 c.50 §8; 2018 c.5 §6]

Source: Section 166.434 — Requirements for criminal background checks; fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html (accessed May 26, 2025).
ORS § 164.381 — OR Code / Title 16 / Chapter 164 / Section 164.381
164.381 Definitions
Status: in_force

As used in 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) :

(1) “Graffiti” means any inscriptions, words, figures or designs that are marked, etched, scratched, drawn, painted, pasted or otherwise affixed to the surface of property.

(2) “Graffiti implement” means paint, ink, chalk, dye or other substance or any instrument or article designed or adapted for spraying, marking, etching, scratching or carving surfaces. [1995 c.615 §1]

Note: 164.381 (Definitions) to 164.388 (Preemption) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 164 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 164.381 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors164.­html (accessed May 26, 2025).
ORS § 161.645 — OR Code / Title 16 / Chapter 161 / Section 161.645
161.645 Standards for imposing fines
Status: in_force

In determining whether to impose a fine and its amount, the court shall consider:

(1) The financial resources of the defendant and the burden that payment of a fine will impose, with due regard to the other obligations of the defendant; and

(2) The ability of the defendant to pay a fine on an installment basis or on other conditions to be fixed by the court. [1971 c.743 §78]

Source: Section 161.645 — Standards for imposing fines , https://www.­oregonlegislature.­gov/bills_laws/ors/ors161.­html (accessed May 26, 2025).
ORS § 162.257 — OR Code / Title 16 / Chapter 162 / Section 162.257
162.257 Interfering with a firefighter or emergency medical services provider
Status: in_force

(1) A person commits the crime of interfering with a firefighter or emergency medical services provider if the person, knowing that another person is a firefighter or emergency medical services provider, intentionally acts in a manner that prevents, or attempts to prevent, a firefighter or emergency medical services provider from performing the lawful duties of the firefighter or emergency medical services provider.

(2) Interfering with a firefighter or emergency medical services provider is a Class A misdemeanor.

(3) As used in this section, “emergency medical services provider” has the meaning given that term in ORS 682.025 (Definitions) . [2003 c.529 §2; 2011 c.703 §26]

Source: Section 162.257 — Interfering with a firefighter or emergency medical services provider , https://www.­oregonlegislature.­gov/bills_laws/ors/ors162.­html (accessed May 26, 2025).
ORS § 169.683 — OR Code / Title 16 / Chapter 169 / Section 169.683
169.683 Requirements for request for proposals
Status: in_force

(1) A local or regional correctional facility, city or county that issues a request for proposals to procure inmate telephone services shall:

(a) Consider call quality as a primary consideration when evaluating proposals; and

(b) Weight call quality at not less than 35 percent of the total weight that the correctional facility, city or county gives to all factors in the final evaluation of a proposal.

(2) A contract between a local or regional correctional facility, city or county and an inmate telephone service provider must include a requirement that the provider submit a monthly report to the correctional facility, city or county containing the following information for the previous month:

(a) All revenue earned;

(b) Any fees charged;

(c) Any moneys paid to the correctional facility, city or county;

(d) The number of completed calls;

(e) The number of dropped calls; and

(f) The number of complaints concerning call quality.

(3) A contract between a local or regional correctional facility, city or county and an inmate telephone service provider must comply with the following per-minute rate limits except as otherwise authorized by the Public Utility Commission by rule:

(a) For local or regional correctional facilities with less than 350 beds:

(A) $0.21 per minute for prepaid intrastate and interstate calls.

(B) $0.25 per minute for collect intrastate and interstate calls.

(C) $0.50 per minute for international calls to Mexico or Canada.

(D) $0.67 per minute for all other international calls.

(b) For facilities with at least 350 beds but less than 1,000 beds:

(A) $0.19 per minute for prepaid intrastate and interstate calls.

(B) $0.23 per minute for collect intrastate and interstate calls.

(C) $0.50 per minute for international calls to Mexico or Canada.

(D) $0.67 per minute for all other international calls.

(c) For facilities with at least 1,000 beds:

(A) $0.17 per minute for prepaid intrastate and interstate calls.

(B) $0.21 per minute for collect intrastate and interstate calls.

(C) $0.50 per minute for international calls to Mexico or Canada.

(D) $0.67 per minute for all other international calls.

(4) A contract between a local or regional correctional facility, city or county and an inmate telephone service provider may not authorize the collection of any fee other than the following:

(a) The fees described in ORS 169.681 (Limit on telephone service provider fee or commission) (1).

(b) For a paper copy of a billing statement requested by a customer, a $2 fee per statement or other fee authorized by the commission by rule.

(c) For electronic deposits of less than $25, a deposit fee of $1.50 or other fee authorized by the commission by rule.

(d) For electronic deposits of $25 or more, a deposit fee of $3 or other fee authorized by the commission by rule.

(e) For deposits facilitated by a live operator, a deposit fee of $5.95 or other fee authorized by the commission by rule.

(5) Nothing in this section prohibits a contract from authorizing or collecting taxes or other fees required by law.

(6) The Public Utility Commission may adopt rules to carry out the provisions of this section, including rules that authorize per-minute rates and fees other than the rates and fees described in this section.

(7) As used in this section, “regional correctional facility” has the meaning given that term in ORS 169.620 (“Regional correctional facility” defined) . [2019 c.335 §5]

Source: Section 169.683 — Requirements for request for proposals; contents of contract; per-minute rate limits; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors169.­html (accessed May 26, 2025).
ORS § 164.775 — OR Code / Title 16 / Chapter 164 / Section 164.775
164.775 Deposit of trash within 100 yards of waters or in waters
Status: in_force

(1) It is unlawful for any person to discard any glass, cans or other trash, rubbish, debris or litter on land within 100 yards of any of the waters of the state, as defined in ORS 468B.005 (Definitions for water pollution control laws) , other than in receptacles provided for the purpose of holding such trash, rubbish, debris or litter.

(2) It is unlawful for any person to discard any glass, cans or other similar refuse in any waters of the state, as defined in ORS 468B.005 (Definitions for water pollution control laws) .

(3) In addition to or in lieu of the penalties provided for violation of any provision of this section, the court in which any individual is convicted of a violation of this section may order suspension of certain permits or licenses for a period not to exceed 90 days if the court finds that the violation occurred during or in connection with the exercise of the privilege granted by the permit or license. The permits and licenses to which this section applies are hunting licenses, fishing licenses or boat registrations.

(4) Intentionally left blank —Ed.

(a) Any person sentenced under subsection (6) of this section to pay a fine for violation of this section shall be permitted, in default of the payment of the fine, to work at clearing rubbish, trash and debris from the lands and waters described by subsections (1) and (2) of this section. Credit in compensation for such work shall be allowed at the rate of $25 for each day of work.

(b) In any case, upon conviction, if punishment by imprisonment is imposed upon the defendant, the form of the sentence shall include that the defendant shall be punished by confinement at labor clearing rubbish, trash and debris from the lands and waters described by subsections (1) and (2) of this section, for not less than one day nor more than five days.

(5) A citation conforming to the requirements of ORS 133.066 (Criminal citations generally) shall be used for all violations of subsection (1) or (2) of this section in the state.

(6) Violation of this section is a Class B misdemeanor.

(7) In addition to and not in lieu of the criminal penalty authorized by subsection (6) of this section, the civil penalty authorized by ORS 468.140 (Civil penalties for specified violations) may be imposed for violation of this section.

(8) Nothing in this section or ORS 164.785 (Placing offensive substances in waters, on highways or other property) prohibits the operation of a disposal site, as defined in ORS 459.005 (Definitions for ORS 459.005 to 459.437, 459.705 to 459.790 and 459A.005 to 459A.665) , for which a permit is required by the Department of Environmental Quality, for which such a permit has been issued and which is being operated and maintained in accordance with the terms and conditions of such permit. [Formerly 449.107; 1999 c.1051 §132; 2018 c.76 §18]

Source: Section 164.775 — Deposit of trash within 100 yards of waters or in waters; license suspensions; civil penalties; credit for work in lieu of fine , https://www.­oregonlegislature.­gov/bills_laws/ors/ors164.­html (accessed May 26, 2025).
ORS § 161.005 — OR Code / Title 16 / Chapter 161 / Section 161.005
161.005 Short title
Status: in_force

ORS 161.005 (Short title) to 161.055 (Burden of proof as to defenses) , 161.065 (Evidence of physical injury) , 161.085 (Definitions with respect to culpability) to 161.125 (Drug or controlled substance use or dependence or intoxication as defense) , 161.150 (Criminal liability described) to 161.175 (Criminal liability of an individual for corporate conduct) , 161.190 (Justification as a defense) to 161.275 (Entrapment) , 161.290 (Incapacity due to immaturity) to 161.373 (Records for fitness to proceed examination) , 161.405 (“Attempt” described) to 161.485 (Multiple convictions barred in inchoate crimes) , 161.505 (“Offense” described) to 161.585 (Classification of certain crimes determined by punishment) , 161.605 (Maximum terms of imprisonment for felonies) , 161.615 (Maximum terms of imprisonment for misdemeanors) to 161.685 (Effect of nonpayment of fines, restitution or costs) , 161.705 (Reduction of certain felonies to misdemeanors) to 161.737 (Sentence imposed on dangerous offender as departure from sentencing guidelines) , 162.005 (Definitions for ORS 162.005 to 162.425) , 162.015 (Bribe giving) to 162.035 (Bribery defenses) , 162.055 (Definitions for ORS 162.055 to 162.425) to 162.115 (Corroboration of falsity required) , 162.135 (Definitions for ORS 162.135 to 162.205) to 162.205 (Failure to appear in the first degree) , 162.225 (Definitions for ORS 162.225 to 162.375) to 162.375 (Initiating a false report) , 162.405 (Official misconduct in the second degree) to 162.425 (Misuse of confidential information) , 162.465 (Unlawful legislative lobbying) , 163.005 (Criminal homicide) , 163.095 (“Aggravated murder” defined) , 163.107 (Murder in the first degree) , 163.115 (Murder in the second degree) , 163.125 (Manslaughter in the second degree) to 163.145 (Criminally negligent homicide) , 163.149 (Aggravated vehicular homicide) , 163.160 (Assault in the fourth degree) to 163.208 (Assaulting a public safety officer) , 163.191 (Intimidation by display of a noose) , 163.196 (Aggravated driving while suspended or revoked) , 163.215 (Definitions for ORS 163.215 to 163.257) to 163.257 (Custodial interference in the first degree) , 163.261 (Definitions for ORS 163.261, 163.263 and 163.264) , 163.263 (Subjecting another person to involuntary servitude in the second degree) , 163.264 (Subjecting another person to involuntary servitude in the first degree) , 163.266 (Trafficking in persons) , 163.275 (Coercion) , 163.285 (Defense to coercion) , 163.305 (Definitions) to 163.467 (Private indecency) , 163.429 (Sexual abuse by fraudulent representation) , 163.432 (Online sexual corruption of a child in the second degree) , 163.433 (Online sexual corruption of a child in the first degree) , 163.472 (Unlawful dissemination of an intimate image) , 163.505 (Definitions for certain provisions of ORS 163.505 to 163.575) to 163.575 (Endangering the welfare of a minor) , 163.665 (Definitions) to 163.693 (Failure to report child pornography) , 163.700 (Invasion of personal privacy in the second degree) , 163.701 (Invasion of personal privacy in the first degree) , 163.715 (Unlawful use of a global positioning system device) , 164.005 (Definitions) , 164.015 (“Theft” described) to 164.135 (Unauthorized use of a vehicle) , 164.138 (Criminal possession of a rented or leased motor vehicle) , 164.140 (Criminal possession of rented or leased personal property) , 164.205 (Definitions for ORS 164.205 to 164.270) to 164.270 (Closure of premises to motor-propelled vehicles) , 164.305 (Definitions for ORS 164.305 to 164.377) to 164.377 (Computer crime) , 164.395 (Robbery in the third degree) to 164.415 (Robbery in the first degree) , 164.805 (Offensive littering) , 164.857 (Unlawfully transporting metal property) , 164.886 (Unlawful tree spiking) , 165.002 (Definitions for ORS 165.002 to 165.070) to 165.102 (Obtaining execution of documents by deception) , 165.109 (Failing to maintain a cedar purchase record) , 165.118 (Metal property offenses) , 165.805 (Misrepresentation of age by a minor) , 165.815 (Criminal impersonation) , 166.005 (Treason) to 166.095 (Misconduct with emergency telephone calls) , 166.119 (Interfering with a health care facility) , 166.125 (Domestic terrorism in the first degree) , 166.128 (Domestic terrorism in the second degree) , 166.350 (Unlawful possession of armor piercing ammunition) , 166.382 (Possession of destructive device prohibited) , 166.384 (Unlawful manufacture of destructive device) , 166.660 (Unlawful paramilitary activity) , 167.002 (Definitions for ORS 167.002 to 167.027) to 167.027 (Evidence required to show place of prostitution) , 167.057 (Luring a minor) , 167.060 (Definitions for ORS 167.060 to 167.095) to 167.100 (Application of ORS 167.060 to 167.100) , 167.117 (Definitions for ORS 167.108 to 167.164 and 464.270 to 464.530) , 167.122 (Unlawful gambling in the second degree) to 167.162 (Gambling device as public nuisance) , 167.203 (Definitions for ORS 167.212 to 167.252) to 167.252 (Preclusion of state prosecution) , 167.310 (Definitions for ORS 167.310 to 167.351) to 167.340 (Animal abandonment) , 167.350 (Forfeiture of rights in mistreated animal) , 167.810 (Creating a hazard) and 167.820 (Concealing the birth of an infant) shall be known and may be cited as Oregon Criminal Code of 1971. [1971 c.743 §1; 1979 c.476 §1; 1983 c.740 §25; 1983 c.792 §1; 1985 c.366 §2; 1985 c.557 §9; 1985 c.662 §10; 1985 c.755 §1; 1989 c.982 §3; 1989 c.1003 §5; 2003 c.383 §3; 2007 c.475 §4; 2007 c.684 §2; 2007 c.811 §6; 2007 c.867 §16; 2007 c.869 §5; 2007 c.876 §5; 2009 c.783 §6; 2009 c.811 §15; 2011 c.681 §5; 2015 c.321 §2; 2015 c.379 §2; 2015 c.645 §9; 2016 c.22 §4; 2017 c.649 §2; 2019 c.635 §15; 2021 c.276 §2; 2023 c.200 §3; 2023 c.205 §2; 2023 c.228 §50; 2023 c.608 §4]

Source: Section 161.005 — Short title , https://www.­oregonlegislature.­gov/bills_laws/ors/ors161.­html (accessed May 26, 2025).
ORS § 169.152 — OR Code / Title 16 / Chapter 169 / Section 169.152
169.152 Liability for costs of medical care for persons in county facility
Status: in_force

Notwithstanding ORS 169.140 (Furnishing prisoners food, clothing and necessary medical aid) , 169.150 (Payment of expenses of keeping prisoners) and 169.220 (Care of county prisoners) , when a person is lawfully confined in a county local correctional facility for violation of a city ordinance, for nonpayment of a fine imposed by a municipal court or as a result of a warrant of arrest issued by a magistrate in another county, the county in which the warrant was issued or the city shall be liable for the costs of medical care provided to the person while confined in the county local correctional facility. The keeper of the local correctional facility shall bill the other county or city for the actual cost of the medical care provided, and the other county or city shall pay the charges within 60 days after receiving the cost statement from the keeper. [1985 c.530 §2]

Source: Section 169.152 — Liability for costs of medical care for persons in county facility , https://www.­oregonlegislature.­gov/bills_laws/ors/ors169.­html (accessed May 26, 2025).
ORS § 163.413 — OR Code / Title 16 / Chapter 163 / Section 163.413
163.413 Purchasing sex with a minor
Status: in_force

(1) A person commits the crime of purchasing sex with a minor if the person pays, or offers or agrees to pay, a fee to engage in sexual intercourse or sexual contact with a minor, a police officer posing as a minor or an agent of a police officer posing as a minor.

(2) Intentionally left blank —Ed.

(a) If the person does not have a prior conviction under this section at the time of the offense, purchasing sex with a minor is a Class C felony and the person may use a defense described in ORS 163.325 (Ignorance or mistake as a defense) only if 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 was at least 16 years of age.

(b) If the person has one or more prior convictions under this section at the time of the offense, purchasing sex with a minor is a Class B felony, the state need not prove that the person knew the minor or, in the case of a police officer or agent of a police officer posing as a minor, the purported minor was under 18 years of age and the person may not use a defense described in ORS 163.325 (Ignorance or mistake as a defense) .

(3) Intentionally left blank —Ed.

(a) When a person is convicted under this section, in addition to any other sentence that may be imposed, the court shall impose and may not suspend the sentence described in paragraph (b) of this subsection.

(b) The mandatory minimum sentences that apply to paragraph (a) of this subsection are as follows:

(A) For a person’s first conviction, a fine in the amount of $10,000, a term of incarceration of at least 30 days and completion of a john school program.

(B) For a person’s second or subsequent conviction, a fine in the amount of $20,000 and the court shall designate the offense as a sex crime under ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235) .

(c) Notwithstanding paragraphs (a) and (b) of this subsection, if the court determines that the person is unable to pay the full amount of the mandatory minimum fine, the court shall impose and may not suspend a fine in an amount the court determines the person is able to pay.

(d) For a person’s first conviction under this section, the court may designate the offense as a sex crime under ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235) if the court finds that the circumstances of the offense and the age of the minor or, in the case of a police officer or agent of a police officer posing as a minor, the purported minor as reported to the defendant require the defendant to register and report as a sex offender for the safety of the community.

(4) As used in this section:

(a) “John school” means any course, class or program intended to educate and prevent recidivism of persons who have been arrested for, charged with or convicted of commercial sexual solicitation or purchasing sex with a minor or attempting to engage in commercial sexual solicitation or purchase sex with a minor.

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

(c) “Police officer” has the meaning given that term in ORS 181A.355 (Definitions for ORS 181A.355 to 181A.689) . [2013 c.720 §4; 2015 c.98 §6; 2015 c.101 §2]

Source: Section 163.413 — Purchasing sex with a minor , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 164.057 — OR Code / Title 16 / Chapter 164 / Section 164.057
164.057 Aggravated theft in the first degree
Status: in_force

(1) A person commits the crime of aggravated theft in the first degree, if:

(a) The person violates ORS 164.055 (Theft in the first degree) with respect to property, other than a motor vehicle used primarily for personal rather than commercial transportation; and

(b) The value of the property in a single or aggregate transaction is $10,000 or more.

(2) Aggravated theft in the first degree is a Class B felony. [1987 c.907 §5]

Source: Section 164.057 — Aggravated theft in the first degree , https://www.­oregonlegislature.­gov/bills_laws/ors/ors164.­html (accessed May 26, 2025).
ORS § 167.002 — OR Code / Title 16 / Chapter 167 / Section 167.002
167.002 Definitions for ORS 167.002 to 167.027
Status: in_force

As used in ORS 167.002 (Definitions for ORS 167.002 to 167.027) to 167.027 (Evidence required to show place of prostitution) , unless the context requires otherwise:

(1) “Place of prostitution” means any place where prostitution is practiced.

(2) “Prostitute” means a male or female person who engages in sexual conduct or sexual contact for a fee.

(3) “Prostitution enterprise” means an arrangement whereby two or more prostitutes are organized to conduct prostitution activities.

(4) “Sexual conduct” means sexual intercourse or oral or anal sexual intercourse.

(5) “Sexual contact” means any touching of the sexual organs or other intimate parts of a person not married to the actor for the purpose of arousing or gratifying the sexual desire of either party. [1971 c.743 §249; 1973 c.699 §5; 2017 c.318 §14]

Source: Section 167.002 — Definitions for ORS 167.002 to 167.027 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors167.­html (accessed May 26, 2025).
ORS § 161.336 — OR Code / Title 16 / Chapter 161 / Section 161.336
161.336 Conditional release by board
Status: in_force

(1) Intentionally left blank —Ed.

(a) When a person is conditionally released under ORS 161.315 (Right of state to obtain mental examination of defendant) to 161.351 (Discharge by board) , the person is subject to those supervisory orders of the Psychiatric Security Review Board as are in the best interests of justice, the protection of society and the welfare of the person.

(b) An order of conditional release entered by the board may designate any person or state, county or local agency capable of supervising the person upon release, subject to the conditions described in the order of conditional release.

(c) Prior to the designation, the board shall notify the person or state, county or local agency to whom conditional release is contemplated and provide the person or state, county or local agency an opportunity to be heard.

(d) After receiving an order entered under this section, the person or state, county or local agency designated in the order shall assume supervision of the person in accordance with the conditions described in the order and any modifications of the conditions ordered by the board.

(2) Conditions of release contained in orders entered under this section may be modified from time to time and conditional releases may be terminated as provided in ORS 161.351 (Discharge by board) .

(3) Intentionally left blank —Ed.

(a) As a condition of release, the person may be required to report to any state or local mental health facility for evaluation. Whenever medical, psychiatric or psychological treatment is recommended, the order may require the person, as a condition of release, to cooperate with and accept the treatment from the facility.

(b) The facility to which the person has been referred for evaluation shall perform the evaluation and submit a written report of its findings to the board. If the facility finds that treatment of the person is appropriate, it shall include its recommendations for treatment in the report to the board.

(c) Whenever treatment is provided by the facility, it shall furnish reports to the board on a regular basis concerning the progress of the person.

(d) Copies of all reports submitted to the board pursuant to this section shall be furnished to the person and the person’s counsel. The confidentiality of these reports is determined pursuant to ORS 192.338 (Exempt and nonexempt public record to be separated) , 192.345 (Public records conditionally exempt from disclosure) and 192.355 (Public records exempt from disclosure) .

(e) The facility shall comply with the conditional release order and any modifications of the conditions ordered by the board.

(4)(a)(A) A written or electronic order for the return of a person on conditional release to a state hospital or other facility designated by the supervising entity or, if the person is under 18 years of age, to a secure intensive community inpatient facility or other facility designated by the supervising entity, may be issued by:

(i) The supervising entity;

(ii) A person designated by the supervising entity, if the designation is made as part of a written policy; or

(iii) The community mental health program director, if the person has absconded from conditional release.

(B) An order described in this paragraph may be issued when the supervising entity, the authorized designee or, if the person has absconded, the community mental health program director, has determined that:

(i) The person has violated the terms of conditional release; or

(ii) The mental health of the person has changed such that the supervising entity, or, if applicable, the authorized designee or the community mental health program director, reasonably believes that the person may no longer be fit for conditional release.

(C) A written order under this paragraph is sufficient warrant for any law enforcement officer to take into custody and transport the person named in the order. A peace officer shall execute the order and the person shall be transported as described in paragraph (c) of this subsection.

(b) A peace officer, the director of the facility providing treatment to a person on conditional release or any person responsible for the supervision of a person on conditional release may take a person on conditional release into custody, or request that the person be taken into custody, if there is reasonable cause to believe the person is a substantial danger to others because of a mental disorder and that the person is in need of immediate care, custody or treatment.

(c) When a person is taken into custody by a peace officer under this subsection, the agency employing the peace officer shall cause the person, as soon as practicable, to be transported to a state hospital or other facility designated by the supervising entity. If the person was taken into custody pursuant to an order described in paragraph (a) of this subsection, the supervising entity shall facilitate the reimbursement of reasonable costs of the transport to the agency employing the peace officer.

(d) Within 20 days following the return of the person to a state hospital or secure intensive community inpatient facility under this subsection, the board shall conduct a hearing. The board shall provide notice of the hearing to the person, the attorney representing the person and the Attorney General. The state must prove by a preponderance of the evidence the person’s unfitness for conditional release. The hearing shall be conducted in accordance with ORS 161.346 (Hearings on discharge, conditional release, commitment or modification) .

(e) As used in this subsection, “supervising entity” means the board or the chairperson or executive director of the board.

(5) Intentionally left blank —Ed.

(a) Any person conditionally released under this section may apply to the board for discharge from or modification of an order of conditional release on the ground that the person is no longer affected by a qualifying mental disorder or, if still so affected, no longer presents a substantial danger to others and no longer requires supervision, medication, care or treatment. Notice of the hearing on an application for discharge or modification of an order of conditional release shall be made to the Attorney General. The applicant, at the hearing pursuant to this subsection, must prove by a preponderance of the evidence the applicant’s fitness for discharge or modification of the order of conditional release. Applications by the person for discharge or modification of conditional release may not be filed more often than once every six months.

(b) Upon application by any person or agency responsible for supervision or treatment pursuant to an order of conditional release, the board shall conduct a hearing to determine if the conditions of release shall be continued, modified or terminated. The application shall be accompanied by a report setting forth the facts supporting the application.

(6) A person who has spent five years on conditional release shall be brought before the board for hearing within 30 days before the expiration of the five-year period. The board shall review the person’s status and determine whether the person should be discharged from the jurisdiction of the board. [1977 c.380 §11 (enacted in lieu of 161.335); 1979 c.885 §3; 1981 c.711 §5; 1983 c.800 §9; 1987 c.140 §1; 1989 c.790 §49; 2001 c.326 §1; 2005 c.264 §14; 2005 c.685 §2; 2009 c.595 §103; 2011 c.708 §2; 2017 c.442 §3; 2017 c.634 §10; 2018 c.120 §5]

Source: Section 161.336 — Conditional release by board; order for return; termination or modification of conditional release; hearing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors161.­html (accessed May 26, 2025).
ORS § 163a.105 — OR Code / Title 16 / Chapter 163a / Section 163a.105
163A.105 When risk assessments performed
Status: in_force

(1) When a person convicted of a crime described in ORS 163.355 (Rape in the third degree) to 163.427 (Sexual abuse in the first degree) is sentenced to a term of imprisonment in a Department of Corrections institution for that crime, the State Board of Parole and Post-Prison Supervision shall assess the person utilizing the risk assessment methodology described in ORS 163A.100 (Risk assessment methodology) . The board shall apply the results of the assessment to place the person in one of the levels described in ORS 163A.100 (Risk assessment methodology) before the person is released from custody.

(2) When a person convicted of a sex crime is sentenced to a term of incarceration in a jail, or is discharged, released or placed on probation by the court, the supervisory authority as defined in ORS 144.087 (“Supervisory authority” defined) shall assess the person utilizing the risk assessment methodology described in ORS 163A.100 (Risk assessment methodology) and apply the results of the assessment to place the person in one of the levels described in ORS 163A.100 (Risk assessment methodology) no later than 90 days after the person is released from jail or discharged, released or placed on probation by the court.

(3) Intentionally left blank —Ed.

(a) When a person is found guilty except for insanity of a sex crime, the Psychiatric Security Review Board shall assess the person utilizing the risk assessment methodology described in ORS 163A.100 (Risk assessment methodology) and apply the results of the assessment to place the person in one of the levels described in ORS 163A.100 (Risk assessment methodology) no later than 90 days after the person is:

(A) Placed on conditional release by the Psychiatric Security Review Board;

(B) Discharged from the jurisdiction of the Psychiatric Security Review Board;

(C) Placed on conditional release by the court pursuant to ORS 161.327 (Commitment or conditional release of person found guilty except for insanity of felony) ; or

(D) Discharged by the court pursuant to ORS 161.329 (Order of discharge) .

(b) If the State Board of Parole and Post-Prison Supervision previously completed a risk assessment and assigned a classification level described in ORS 163A.100 (Risk assessment methodology) for a person described in paragraph (a) of this subsection, the Psychiatric Security Review Board need not complete a reassessment for an initial classification.

(c) The court shall notify the Psychiatric Security Review Board when the court conditionally releases or discharges a person described in paragraph (a) of this subsection.

(d) The Psychiatric Security Review Board shall notify the State Board of Parole and Post-Prison Supervision no later than seven days after the Psychiatric Security Review Board conditionally releases or discharges a person who has a prior sex crime conviction that obligates the person to report as a sex offender, unless the person has also been found guilty except for insanity of a sex crime that obligates the person to report as a sex offender.

(4) Intentionally left blank —Ed.

(a) Within 90 days after receiving notice of a person’s obligation to report in this state from the Department of State Police, the State Board of Parole and Post-Prison Supervision shall assess the person utilizing the risk assessment methodology described in ORS 163A.100 (Risk assessment methodology) and apply the results of the assessment to place the person in one of the levels described in ORS 163A.100 (Risk assessment methodology) if the person has been convicted in another United States court of a crime:

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

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

(b) If a person has been convicted of a sex crime and was sentenced to a term of imprisonment in a Department of Corrections institution for that sex crime, but was not subjected to a risk assessment utilizing the risk assessment methodology described in ORS 163A.100 (Risk assessment methodology) before release under subsection (1) of this section, within 90 days after the person’s release the State Board of Parole and Post-Prison Supervision shall assess the person utilizing the risk assessment methodology described in ORS 163A.100 (Risk assessment methodology) and apply the results of the assessment to place the person in one of the levels described in ORS 163A.100 (Risk assessment methodology) .

(5) When the State Board of Parole and Post-Prison Supervision, the Psychiatric Security Review Board or a supervisory authority applies the results of a risk assessment to place a person in one of the levels described in ORS 163A.100 (Risk assessment methodology) , the agency shall notify the Department of State Police of the results of the risk assessment within three business days after the agency’s classification. Upon receipt, the Department of State Police shall enter the results of the risk assessment into the Law Enforcement Data System.

(6) The State Board of Parole and Post-Prison Supervision, the Psychiatric Security Review Board or a supervisory authority may reassess or reclassify a person placed in one of the levels described in ORS 163A.100 (Risk assessment methodology) under this section if the classifying board or authority determines that a factual mistake caused an erroneous assessment or classification.

(7) Intentionally left blank —Ed.

(a) A person classified under this section as a level two or level three sex offender as described in ORS 163A.100 (Risk assessment methodology) may petition the classifying board or authority for review. Except for good cause shown, the petition may be filed no later than 60 days after the notice of the classification is provided to the person or, if the notice is mailed, no later than 60 days after the notice is sent.

(b) When good cause is shown, the time for filing a petition under this subsection may not be extended more than 60 days beyond the date of the person’s next annual report under ORS 163A.010 (Reporting by sex offender discharged, paroled or released from correctional facility or another United States jurisdiction) , 163A.015 (Reporting by sex offender discharged, released or placed on probation by court or another United States jurisdiction) or 163A.020 (Reporting by sex offender upon moving into state) .

(c) Upon receipt of a petition described in this subsection, the classifying board or authority shall afford the person an opportunity to be heard as to all factual questions related to the classification.

(d) After providing the person with notice and an opportunity to be heard in accordance with this subsection, the board or authority shall classify the person in accordance with the classifications described in ORS 163A.100 (Risk assessment methodology) , based on all of the information available to the classifying board or authority.

(e) As used in this subsection, “good cause” means that, due to a person’s transience, lack of housing, ongoing mental health concerns or other similar circumstances, a notice mailed to the person under paragraph (a) of this subsection was not received by the person.

(8) Intentionally left blank —Ed.

(a) If the State Board of Parole and Post-Prison Supervision, the Psychiatric Security Review Board or a supervisory authority does not classify a person under ORS 163A.100 (Risk assessment methodology) because the person has failed or refused to participate in a sex offender risk assessment as directed by the board or authority, the classifying board or authority shall classify the person as a level three sex offender under ORS 163A.100 (Risk assessment methodology) (3).

(b) If person classified as a level three sex offender under this subsection notifies the classifying board or authority of the willingness to participate in a sex offender risk assessment, the classifying board or authority shall perform the assessment and classify the person in one of the levels described in ORS 163A.100 (Risk assessment methodology) .

(9) The State Board of Parole and Post-Prison Supervision and the Psychiatric Security Review Board may adopt rules to carry out the provisions of this section. [Formerly 181.801; 2017 c.442 §30; 2017 c.488 §2; 2019 c.430 §19]

Source: Section 163A.105 — When risk assessments performed; classification into risk level; review; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163A.­html (accessed May 26, 2025).
ORS § 167.383 — OR Code / Title 16 / Chapter 167 / Section 167.383
167.383 Equine tripping
Status: in_force

(1) As used in this section, “equine” means any member of the family Equidae.

(2) Except as provided in subsection (3) of this section, a person commits the offense of equine tripping if, for purposes of a rodeo, contest, exhibition, entertainment or sport or as practice for a rodeo, contest, exhibition, entertainment or sport, the person intentionally ropes or lassos the legs of an equine, intentionally causing the equine to trip or fall.

(3) Subsection (2) of this section does not apply to a person who causes an equine to trip or fall for the purpose of allowing veterinary care for the equine.

(4) The offense of equine tripping is a Class B misdemeanor. [2013 c.616 §2]

Note: 167.383 (Equine tripping) 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 167.383 — Equine tripping , https://www.­oregonlegislature.­gov/bills_laws/ors/ors167.­html (accessed May 26, 2025).
ORS § 163.682 — OR Code / Title 16 / Chapter 163 / Section 163.682
163.682 Exceptions to ORS 163.665 to 163.693
Status: in_force

The provisions of ORS 163.665 (Definitions) to 163.693 (Failure to report child pornography) do not apply to:

(1) Any legitimate medical procedure performed by or under the direction of a person licensed to provide medical services for the purpose of medical diagnosis or treatment, including the recording of medical procedures;

(2) Any activity undertaken in the course of bona fide law enforcement activity or necessary to the proper functioning of the criminal justice system, except that this exception shall not apply to any activity prohibited by ORS 163.670 (Using child in display of sexually explicit conduct) ;

(3) Any bona fide educational activity, including studies and lectures, in the fields of medicine, psychotherapy, sociology or criminology, except that this exception shall not apply to any activity prohibited by ORS 163.670 (Using child in display of sexually explicit conduct) ;

(4) Obtaining, viewing or possessing a visual recording as part of a bona fide treatment program for sexual offenders; or

(5) A public library, as defined in ORS 357.400 (Definitions for ORS 357.400 to 357.621) , or a library exempt from taxation under ORS 307.090 (Property of the state, counties and other municipal corporations) or 307.130 (Property of certain museums, volunteer fire departments and literary, benevolent, charitable and scientific institutions) , except that these exceptions do not apply to any activity prohibited by ORS 163.670 (Using child in display of sexually explicit conduct) . [1991 c.664 §3; 2011 c.515 §9]

Source: Section 163.682 — Exceptions to ORS 163.665 to 163.693 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 163.235 — OR Code / Title 16 / Chapter 163 / Section 163.235
163.235 Kidnapping in the first degree
Status: in_force

(1) A person commits the crime of kidnapping in the first degree if the person violates ORS 163.225 (Kidnapping in the second degree) with any of the following purposes:

(a) To compel any person to pay or deliver money or property as ransom;

(b) To hold the victim as a shield or hostage;

(c) To cause physical injury to the victim;

(d) To terrorize the victim or another person; or

(e) To further the commission or attempted commission of any of the following crimes against the victim:

(A) Rape in the first degree, as defined in ORS 163.375 (Rape in the first degree) (1)(b);

(B) Sodomy in the first degree, as defined in ORS 163.405 (Sodomy in the first degree) (1)(b); or

(C) Unlawful sexual penetration in the first degree, as defined in ORS 163.411 (Unlawful sexual penetration in the first degree) (1)(b).

(2) Kidnapping in the first degree is a Class A felony. [1971 c.743 §99; 2005 c.22 §112; 2009 c.660 §43]

Source: Section 163.235 — Kidnapping in the first degree , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 164.025 — OR Code / Title 16 / Chapter 164 / Section 164.025
164.025 Consolidation of theft offenses
Status: in_force

(1) Except for the crime of extortion, conduct denominated theft under ORS 164.015 (“Theft” described) constitutes a single offense.

(2) If it is an element of the crime charged that property was taken by extortion, an accusation of theft must so specify. In all other cases an accusation of theft is sufficient if it alleges that the defendant committed theft of property of the nature or value required for the commission of the crime charged without designating the particular way or manner in which the theft was committed.

(3) Proof that the defendant engaged in conduct constituting theft as defined in ORS 164.015 (“Theft” described) is sufficient to support any indictment, information or complaint for theft other than one charging extortion. An accusation of extortion must be supported by proof establishing extortion. [1971 c.743 §122; 2016 c.47 §8]

Source: Section 164.025 — Consolidation of theft offenses; pleading and proof , https://www.­oregonlegislature.­gov/bills_laws/ors/ors164.­html (accessed May 26, 2025).
ORS § 164.125 — OR Code / Title 16 / Chapter 164 / Section 164.125
164.125 Theft of services
Status: in_force

(1) A person commits the crime of theft of services if:

(a) With intent to avoid payment therefor, the person obtains services that are available only for compensation, by force, threat, deception or other means to avoid payment for the services; or

(b) Having control over the disposition of labor or of business, commercial or industrial equipment or facilities of another, the person uses or diverts to the use of the person or a third person such labor, equipment or facilities with intent to derive for the person or the third person a commercial benefit to which the person or the third person is not entitled.

(2) As used in this section, “services” includes, but is not limited to, labor, professional services, toll facilities, transportation, communications service, entertainment, the supplying of food, lodging or other accommodations in hotels, restaurants or elsewhere, the supplying of equipment for use, and the supplying of commodities of a public utility nature such as gas, electricity, steam and water. “Communication service” includes, but is not limited to, use of telephone, computer and cable television systems.

(3) Absconding without payment or offer to pay for hotel, restaurant or other services for which compensation is customarily paid immediately upon the receiving of them is prima facie evidence that the services were obtained with intent to avoid payment therefor. Obtaining the use of any communication system the use of which is available only for compensation, including but not limited to telephone, computer and cable television systems, or obtaining the use of any services of a public utility nature, without payment or offer to pay for such use is prima facie evidence that the obtaining of the use of such system or the use of such services was gained with intent to avoid payment therefor.

(4) The value of single theft transactions may be added together if the thefts were committed:

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

(b) Against the same victim, or two or more persons who are joint owners, within a 180-day period.

(5) Theft of services is:

(a) A Class C misdemeanor if the aggregate total value of services that are the subject of the theft is less than $100;

(b) A Class A misdemeanor if the aggregate total value of services that are the subject of the theft is $100 or more and less than $1,000;

(c) A Class C felony if the aggregate total value of services that are the subject of the theft is $1,000 or more; and

(d) A Class B felony if the aggregate total value of services that are the subject of the theft is $10,000 or more. [1971 c.743 §133; 1973 c.133 §1; 1985 c.537 §1; 1987 c.907 §8; 1993 c.680 §21; 2009 c.16 §4]

Source: Section 164.125 — Theft of services , https://www.­oregonlegislature.­gov/bills_laws/ors/ors164.­html (accessed May 26, 2025).
ORS § 164.338 — OR Code / Title 16 / Chapter 164 / Section 164.338
164.338 Arson incident to the manufacture of a controlled substance in the second degree
Status: in_force

(1) A person commits the crime of arson incident to the manufacture of a controlled substance in the second degree if, by knowingly engaging in the manufacture of a controlled substance, the person causes a fire or causes an explosion that damages:

(a) Any building of another that is not protected property; or

(b) Any property of another and the damages to the property exceed $750.

(2) Arson incident to the manufacture of a controlled substance in the second degree is a Class C felony.

(3) As used in this section and ORS 164.342 (Arson incident to the manufacture of a controlled substance in the first degree) , “controlled substance” and “manufacture” have the meanings given those terms in ORS 475.005 (Definitions for ORS 475.005 to 475.285 and 475.752 to 475.980) . [2017 c.248 §2]

Source: Section 164.338 — Arson incident to the manufacture of a controlled substance in the second degree , https://www.­oregonlegislature.­gov/bills_laws/ors/ors164.­html (accessed May 26, 2025).
ORS § 167.017 — OR Code / Title 16 / Chapter 167 / Section 167.017
167.017 Compelling prostitution
Status: in_force

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

(a) Uses force or intimidation to compel another to engage in prostitution or attempted prostitution;

(b) Induces or causes a person under 18 years of age to engage in prostitution;

(c) Aids or facilitates the commission of prostitution or attempted prostitution by a person under 18 years of age; or

(d) Induces or causes the spouse, child or stepchild of the person to engage in prostitution.

(2) Compelling prostitution is a Class B felony.

(3) In a prosecution under subsection (1)(b) or (c) of this section, the state is not required to prove that the defendant knew the other person was under 18 years of age and it is no defense that the defendant did not know the person’s age or that the defendant reasonably believed the person to be older than 18 years of age. [1971 c.743 §252; 2011 c.334 §1; 2013 c.271 §1]

Source: Section 167.017 — Compelling prostitution , https://www.­oregonlegislature.­gov/bills_laws/ors/ors167.­html (accessed May 26, 2025).
ORS § 164.138 — OR Code / Title 16 / Chapter 164 / Section 164.138
164.138 Criminal possession of a rented or leased motor vehicle
Status: in_force

(1) A person commits the offense of criminal possession of a rented or leased motor vehicle if:

(a) After renting a motor vehicle from a commercial renter of motor vehicles under a written agreement that provides for the return of the motor vehicle to a particular place at a particular time, the person fails to return the motor vehicle as specified, is thereafter served in accordance with subsection (2) of this section with a written demand to return the motor vehicle and knowingly fails to return the motor vehicle within three calendar days from the date of the receipt or refusal of the demand; or

(b) After leasing a motor vehicle from a commercial lessor of motor vehicles under a written agreement that provides for periodic lease payments, the person fails to pay the lessor a periodic payment when due for a period of 45 days, is thereafter served with a written demand to return the motor vehicle in accordance with subsection (2) of this section and knowingly fails to return the motor vehicle within three calendar days from the date of the receipt or refusal of the demand.

(2) Intentionally left blank —Ed.

(a) Service of written demand under this section shall be accomplished by delivery through any commercial overnight service that can supply a delivery receipt. The demand shall be sent to the person who obtained the motor vehicle by rental or lease at the address stated in the rental or lease agreement and any other address of the person provided by the person to the renter or lessor. The person is responsible for providing correct current address information to the renter or lessor until the motor vehicle is returned.

(b) The person shall be considered to have refused the written demand if the commercial delivery service determines that the demand is not deliverable to the person at the address or addresses provided by the person.

(3) A bona fide contract dispute with the lessor or renter shall be an affirmative defense to a charge of criminal possession of a rented or leased motor vehicle.

(4) Criminal possession of a rented or leased motor vehicle is a Class C felony. [2007 c.684 §1]

Note: 164.138 (Criminal possession of a rented or leased motor vehicle) 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 164.138 — Criminal possession of a rented or leased motor vehicle , https://www.­oregonlegislature.­gov/bills_laws/ors/ors164.­html (accessed May 26, 2025).
ORS § 165.575 — OR Code / Title 16 / Chapter 165 / Section 165.575
165.575 Definitions for ORS 165.575 to 165.583
Status: in_force

As used in ORS 165.575 (Definitions for ORS 165.575 to 165.583) to 165.583 (Exemptions from ORS 165.577, 165.579 and 165.581) :

(1) “Cellular telephone” means a radio telecommunications device that may be used to obtain access to the public and cellular switch telephone networks and that is programmed by the manufacturer with an electronic serial number.

(2) “Cellular telephone service” means all services and cellular telephone equipment and capabilities available from a provider to an end user for a fee.

(3) “Cloned cellular telephone” or “counterfeit cellular telephone” means a cellular telephone, the electronic serial number of which has been altered by someone other than the manufacturer.

(4) “Cloning paraphernalia” means materials that, when possessed in combination, are capable of creating a cloned cellular telephone. “Cloning paraphernalia” includes, but is not limited to:

(a) Scanners to intercept electronic serial numbers and mobile identification numbers;

(b) Cellular telephones;

(c) Cables;

(d) EPROM chips;

(e) EPROM burners;

(f) Software for programming the cellular telephone with a false electronic serial number, mobile identification number, other identifiable data or a combination thereof;

(g) Computers containing software described in paragraph (f) of this subsection; and

(h) Lists of electronic serial number and mobile identification number combinations.

(5) “Electronic serial number” means a unique number that is programmed into a cellular telephone by the manufacturer, transmitted by the cellular telephone and used by cellular telephone providers to validate radio transmissions to the system as having been made by an authorized device.

(6) “End user” is a person who pays a fee to subscribe to cellular telephone service from a provider or a person receiving a call from or sending a call to the person paying or subscribing for cellular telephone service.

(7) “Intercept” means to electronically capture, record, reveal or otherwise access the signals emitted or received during the operation of a cellular telephone by any instrument, device or equipment without the consent of the sender or receiver.

(8) “Mobile identification number” means the cellular telephone number assigned to the cellular telephone by the cellular telephone provider.

(9) “Provider” means a licensed seller of cellular telephone service or a reselling agent authorized by a licensed seller. [1995 c.524 §1]

Source: Section 165.575 — Definitions for ORS 165.575 to 165.583 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors165.­html (accessed May 26, 2025).
ORS § 163a.125 — OR Code / Title 16 / Chapter 163a / Section 163a.125
163A.125 Relief from reporting obligation for sex offenders classified under ORS 163A.100
Status: in_force

(1) Intentionally left blank —Ed.

(a) A person who is required to report as a sex offender under ORS 163A.010 (Reporting by sex offender discharged, paroled or released from correctional facility or another United States jurisdiction) , 163A.015 (Reporting by sex offender discharged, released or placed on probation by court or another United States jurisdiction) or 163A.020 (Reporting by sex offender upon moving into state) due to a conviction for a sex crime and is classified as a level one sex offender under ORS 163A.100 (Risk assessment methodology) (1) may petition the State Board of Parole and Post-Prison Supervision to relieve the person from the obligation to report as a sex offender under ORS 163A.010 (Reporting by sex offender discharged, paroled or released from correctional facility or another United States jurisdiction) , 163A.015 (Reporting by sex offender discharged, released or placed on probation by court or another United States jurisdiction) or 163A.020 (Reporting by sex offender upon moving into state) .

(b) A person who is required to report as a sex offender under ORS 163A.010 (Reporting by sex offender discharged, paroled or released from correctional facility or another United States jurisdiction) , 163A.015 (Reporting by sex offender discharged, released or placed on probation by court or another United States jurisdiction) or 163A.020 (Reporting by sex offender upon moving into state) due to being found guilty except for insanity under ORS 161.295 (Effect of qualifying mental disorder) for a sex crime, and is classified as a level one sex offender under ORS 163A.100 (Risk assessment methodology) (1), may petition the Psychiatric Security Review Board to relieve the person from the obligation to report as a sex offender under ORS 163A.010 (Reporting by sex offender discharged, paroled or released from correctional facility or another United States jurisdiction) , 163A.015 (Reporting by sex offender discharged, released or placed on probation by court or another United States jurisdiction) or 163A.020 (Reporting by sex offender upon moving into state) .

(c) Intentionally left blank —Ed.

(A) Except as otherwise provided in subparagraph (B) of this paragraph, a person described in paragraph (a) or (b) of this subsection may file the petition no sooner than five years after the date supervision for the sex crime is terminated or, if the person was not subject to supervision for the sex crime, five years after the date the person was discharged from the jurisdiction of the court, Psychiatric Security Review Board or Oregon Health Authority.

(B) A person who was reclassified under subsection (2) of this section from a level two sex offender under ORS 163A.100 (Risk assessment methodology) (2) to a level one sex offender under ORS 163A.100 (Risk assessment methodology) (1) may file the petition no sooner than five years after the date of reclassification.

(d) Notwithstanding paragraph (c) of this subsection, if a person is required to report because of a conviction or finding of guilty except for insanity from another United States court as that term is defined in ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235) , the person may not petition for relief from reporting as a sex offender in Oregon unless the laws of the jurisdiction where the person was convicted or found guilty except for insanity would permit a petition for relief from reporting as a sex offender.

(2) Intentionally left blank —Ed.

(a) A person who is required to report as a sex offender under ORS 163A.010 (Reporting by sex offender discharged, paroled or released from correctional facility or another United States jurisdiction) , 163A.015 (Reporting by sex offender discharged, released or placed on probation by court or another United States jurisdiction) or 163A.020 (Reporting by sex offender upon moving into state) due to a conviction for a sex crime and is classified as a level three sex offender under ORS 163A.100 (Risk assessment methodology) (3) may petition the State Board of Parole and Post-Prison Supervision to reclassify the person as a level two sex offender under ORS 163A.100 (Risk assessment methodology) (2).

(b) A person who is required to report as a sex offender under ORS 163A.010 (Reporting by sex offender discharged, paroled or released from correctional facility or another United States jurisdiction) , 163A.015 (Reporting by sex offender discharged, released or placed on probation by court or another United States jurisdiction) or 163A.020 (Reporting by sex offender upon moving into state) due to being found guilty except for insanity under ORS 161.295 (Effect of qualifying mental disorder) for a sex crime, and is classified as a level three sex offender under ORS 163A.100 (Risk assessment methodology) (3), may petition the Psychiatric Security Review Board to reclassify the person as a level two sex offender under ORS 163A.100 (Risk assessment methodology) (2).

(c) A person who is required to report as a sex offender under ORS 163A.010 (Reporting by sex offender discharged, paroled or released from correctional facility or another United States jurisdiction) , 163A.015 (Reporting by sex offender discharged, released or placed on probation by court or another United States jurisdiction) or 163A.020 (Reporting by sex offender upon moving into state) due to a conviction for a sex crime and is classified as a level two sex offender under ORS 163A.100 (Risk assessment methodology) (2) may petition the State Board of Parole and Post-Prison Supervision to reclassify the person as a level one sex offender under ORS 163A.100 (Risk assessment methodology) (1).

(d) A person who is required to report as a sex offender under ORS 163A.010 (Reporting by sex offender discharged, paroled or released from correctional facility or another United States jurisdiction) , 163A.015 (Reporting by sex offender discharged, released or placed on probation by court or another United States jurisdiction) or 163A.020 (Reporting by sex offender upon moving into state) due to being found guilty except for insanity under ORS 161.295 (Effect of qualifying mental disorder) for a sex crime, and is classified as a level two sex offender under ORS 163A.100 (Risk assessment methodology) (2), may petition the Psychiatric Security Review Board to reclassify the person as a level one sex offender under ORS 163A.100 (Risk assessment methodology) (1).

(e) The petition described in this subsection may be filed no sooner than 10 years after the date supervision for the sex crime is terminated or, if the person was not subject to supervision for the sex crime, 10 years after the date the person was discharged from the jurisdiction of the court, Psychiatric Security Review Board or Oregon Health Authority.

(3) Intentionally left blank —Ed.

(a) The State Board of Parole and Post-Prison Supervision or the Psychiatric Security Review Board shall deny a petition filed under this section if, at any time after the person is convicted or found guilty except for insanity of a sex crime, the person is convicted of or found guilty except for insanity of a person felony or a person Class A misdemeanor, as those terms are defined in the rules of the Oregon Criminal Justice Commission.

(b) The appropriate board shall deny a petition filed under subsection (2)(c) or (d) of this section if the board has previously reclassified the person as a level two sex offender under ORS 163A.100 (Risk assessment methodology) (2) as the result of a petition filed under subsection (2)(a) or (b) of this section.

(4) Intentionally left blank —Ed.

(a) Except as otherwise provided in subsection (3) of this section, if a person files a petition under subsection (1) of this section, the State Board of Parole and Post-Prison Supervision or the Psychiatric Security Review Board shall hold a hearing. At the hearing, the board shall enter an order relieving the person of the obligation to report as a sex offender under ORS 163A.010 (Reporting by sex offender discharged, paroled or released from correctional facility or another United States jurisdiction) , 163A.015 (Reporting by sex offender discharged, released or placed on probation by court or another United States jurisdiction) or 163A.020 (Reporting by sex offender upon moving into state) if the board determines, by clear and convincing evidence, that the person:

(A) Is statistically unlikely to reoffend; and

(B) Does not pose a threat to the safety of the public.

(b) Intentionally left blank —Ed.

(A) Except as otherwise provided in subsection (3) of this section, if a person files a petition under subsection (2)(a) or (b) of this section, the State Board of Parole and Post-Prison Supervision or the Psychiatric Security Review Board shall hold a hearing. At the hearing, the board shall enter an order reclassifying the person as a level two sex offender under ORS 163A.100 (Risk assessment methodology) (2) if, after completion of a new risk assessment utilizing the risk assessment methodology described in ORS 163A.100 (Risk assessment methodology) , the person is classified as presenting a low or moderate risk of reoffending and the board determines that a lower level of notification is sufficient to protect public safety.

(B) Except as otherwise provided in subsection (3) of this section, if a person files a petition under subsection (2)(c) or (d) of this section, the State Board of Parole and Post-Prison Supervision or the Psychiatric Security Review Board shall hold a hearing. At the hearing, the board shall enter an order reclassifying the person as a level one sex offender under ORS 163A.100 (Risk assessment methodology) (1) if, after completion of a new risk assessment utilizing the risk assessment methodology described in ORS 163A.100 (Risk assessment methodology) , the person is classified as presenting a low risk of reoffending and the board determines that a lower level of notification is sufficient to protect public safety.

(5) In making the determinations described in subsection (4) of this section, the State Board of Parole and Post-Prison Supervision or the Psychiatric Security Review Board shall consider:

(a) The nature of and degree of violence involved in the offense that requires reporting;

(b) The age and number of victims of the offense that requires reporting;

(c) The age of the person at the time of the offense that requires reporting;

(d) The length of time since the offense that requires reporting and the time period during which the person has not reoffended;

(e) The person’s performance on supervision for the offense that requires reporting;

(f) Whether the person has participated in or successfully completed a court-approved sex offender treatment program or any other rehabilitative programs;

(g) The person’s stability in employment and housing;

(h) The person’s community and personal support system;

(i) Other criminal and relevant noncriminal behavior of the person both before and after the offense that requires reporting; and

(j) Any other relevant factors.

(6) Intentionally left blank —Ed.

(a) The Attorney General may represent the state at a hearing conducted under this section unless the district attorney of the county in which the person was convicted or, if the conviction for which the person is required to report as a sex offender was entered in another United States court, the district attorney of the county in which the person resides, elects to represent the state.

(b) If a district attorney elects to represent the state, the district attorney shall give timely written notice of the election to the Attorney General, the State Board of Parole and Post-Prison Supervision or the Psychiatric Security Review Board and the person who is the subject of the hearing.

(c) If the district attorney declines to represent the state, the district attorney shall cooperate with the Attorney General in securing the material necessary to represent the state.

(7) Intentionally left blank —Ed.

(a) When the State Board of Parole and Post-Prison Supervision or the Psychiatric Security Review Board enters an order under this section relieving a person of the obligation to report as a sex offender under ORS 163A.010 (Reporting by sex offender discharged, paroled or released from correctional facility or another United States jurisdiction) , 163A.015 (Reporting by sex offender discharged, released or placed on probation by court or another United States jurisdiction) or 163A.020 (Reporting by sex offender upon moving into state) or enters an order reclassifying a person as a level two sex offender under ORS 163A.100 (Risk assessment methodology) (2) or as a level one sex offender under ORS 163A.100 (Risk assessment methodology) (1), the board shall forward a copy of the order to the Department of State Police.

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

(c) Upon receipt of an order reclassifying a person as a level two sex offender under ORS 163A.100 (Risk assessment methodology) (2) or as a level one sex offender under ORS 163A.100 (Risk assessment methodology) (1), the department shall update the Law Enforcement Data System to reflect the reclassification.

(8) The State Board of Parole and Post-Prison Supervision and the Psychiatric Security Review Board shall adopt rules to carry out the provisions of this section. The rules may include a filing fee in an amount determined by the appropriate board. All fees paid under this subsection shall be deposited into the General Fund and credited to the account of the appropriate board.

(9) As used in this section, “supervision” means probation, parole, post-prison supervision or any other form of supervised or conditional release. [Formerly 181.821]

Note: See note under 163A.115 (When certain classification required) .

Source: Section 163A.125 — Relief from reporting obligation for sex offenders classified under ORS 163A.100; reclassification; procedure , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163A.­html (accessed May 26, 2025).
ORS § 163a.130 — OR Code / Title 16 / Chapter 163a / Section 163a.130
163A.130 Relief from reporting obligation for juvenile offenders adjudicated in Oregon
Status: in_force

(1) A person required to report as a sex offender under ORS 163A.025 (Reporting by sex offender adjudicated in juvenile court) (1)(a), (b) or (c), or required to report as a sex offender under the laws of another state as a result of an adjudication in an Oregon juvenile court, may file a petition for an order relieving the person of the obligation to report. If the person resides:

(a) In this state and is required to report under ORS 163A.025 (Reporting by sex offender adjudicated in juvenile court) (2) or (3), the petition must be filed in the juvenile court in which the person was adjudicated for the act that requires reporting.

(b) In another state and is required to report under ORS 163A.025 (Reporting by sex offender adjudicated in juvenile court) (4), the petition must be filed in the juvenile court in the county in which the person attends school or works.

(c) In another state and is required to report under the laws of the other state, the petition must be filed in the juvenile court in which the person was adjudicated for the act that requires reporting.

(2) If the act giving rise to the obligation to report would constitute:

(a) A Class A or Class B felony sex crime if committed by an adult, the petition may be filed no sooner than two years after the termination of juvenile court jurisdiction over the person or, if the person is placed under the jurisdiction of the Psychiatric Security Review Board, no sooner than two years after the person is discharged from the jurisdiction of the board.

(b) A Class C felony sex crime if committed by an adult, the petition may be filed no sooner than 30 days before the termination of juvenile court jurisdiction over the person or, if the person is placed under the jurisdiction of the Psychiatric Security Review Board, no sooner than 30 days before the person is discharged from the jurisdiction of the board.

(3) Intentionally left blank —Ed.

(a) The juvenile court in which a petition under this section is filed may transfer the matter to the juvenile court of the county that last supervised the person if the court determines that the convenience of the parties, the victim and witnesses require the transfer.

(b) The juvenile court has exclusive original jurisdiction in any proceeding under this section.

(c) The person, the district attorney and the juvenile department are parties to a hearing on a petition filed under this section.

(4) The person filing the petition has the burden of proving by clear and convincing evidence that the person is rehabilitated and does not pose a threat to the safety of the public. In determining whether the person has met the burden of proof, the juvenile court may consider but need not be limited to considering:

(a) The extent and impact of any physical or emotional injury to the victim;

(b) The nature of the act that subjected the person to the obligation of reporting as a sex offender;

(c) Whether the person used or threatened to use force in committing the act;

(d) Whether the act was premeditated;

(e) Whether the person took advantage of a position of authority or trust in committing the act;

(f) The age of any victim at the time of the act, the age difference between any victim and the person and the number of victims;

(g) The vulnerability of the victim;

(h) Other acts committed by the person that would be crimes if committed by an adult and criminal activities engaged in by the person before and after the adjudication;

(i) Statements, documents and recommendations by or on behalf of the victim or the parents of the victim;

(j) The person’s willingness to accept personal responsibility for the act and personal accountability for the consequences of the act;

(k) The person’s ability and efforts to pay the victim’s expenses for counseling and other trauma-related expenses or other efforts to mitigate the effects of the act;

(L) Whether the person has participated in and satisfactorily completed a sex offender treatment program or any other intervention, and if so the juvenile court may also consider:

(A) The availability, duration and extent of the treatment activities;

(B) Reports and recommendations from the providers of the treatment;

(C) The person’s compliance with court, board or supervision requirements regarding treatment; and

(D) The quality and thoroughness of the treatment program;

(m) The person’s academic and employment history;

(n) The person’s use of drugs or alcohol before and after the adjudication;

(o) The person’s history of public or private indecency;

(p) The person’s compliance with and success in completing the terms of supervision;

(q) The results of psychological examinations of the person;

(r) The protection afforded the public by the continued existence of the records; and

(s) Any other relevant factors.

(5) In a hearing under this section, the juvenile court may receive testimony, reports and other evidence without regard to whether the evidence is admissible under ORS 40.010 (Rule 100. Short title) to 40.210 (Rule 412. Sex offense cases) and 40.310 (Rule 601. General rule of competency) to 40.585 (Rule 1008. Functions of court and jury) if the evidence is relevant to the determination and findings required under this section. As used in this subsection, “relevant evidence” has the meaning given that term in ORS 40.150 (Rule 401. Definition of “relevant evidence.”) .

(6) When a petition is filed under this section, the state has the right to have a psychosexual evaluation of the person conducted. The state shall file notice with the juvenile court of its intention to have the person evaluated. If the person objects to the evaluator chosen by the state, the juvenile court for good cause shown may direct the state to select a different evaluator.

(7) As soon as practicable after a petition has been filed under this section, the district attorney or juvenile department shall make a reasonable effort to notify the victim of the crime that the person has filed a petition seeking relief under this section and, if the victim has requested, to inform the victim of the date, time and place of a hearing on the petition in advance of the hearing.

(8) Intentionally left blank —Ed.

(a) When a petition filed under this section is filed:

(A) While the person is under the jurisdiction of the juvenile court or the Psychiatric Security Review Board or less than three years after the date the jurisdiction is terminated, the court shall hold a hearing no sooner than 60 days and no later than 120 days after the date of filing.

(B) Three years or more after the date the juvenile court or board jurisdiction is terminated, the court shall hold a hearing no sooner than 90 days and no later than 150 days after the date of filing.

(b) Notwithstanding paragraph (a) of this subsection, upon a showing of good cause, the court may extend the period of time in which a hearing on the petition must be held.

(9) Intentionally left blank —Ed.

(a) When the person proves by clear and convincing evidence that the person is rehabilitated and does not pose a threat to the safety of the public, the court shall grant the petition.

(b) Notwithstanding paragraph (a) of this subsection, the court may not grant a petition filed under this section before the date the juvenile court or board jurisdiction over the person is terminated.

(10) When a juvenile court enters an order relieving a person of the requirement to report under ORS 163A.025 (Reporting by sex offender adjudicated in juvenile court) , the person shall send a certified copy of the juvenile court order to the Department of State Police.

(11) If a person commits an act for which the person could be waived under ORS 419C.349 (Grounds for waiving youth to adult court) (1)(a) and the person is 15, 16 or 17 years of age at the time the act is committed, the state and the person may stipulate that the person may not petition for relief under this section as part of an agreement that the state not file a motion requesting waiver under ORS 419C.349 (Grounds for waiving youth to adult court) (1)(a).

(12) When a petition is filed under subsection (2)(b) of this section before the termination of juvenile court or board jurisdiction, the court shall appoint suitable counsel to represent the person for purposes of the petition described in this section if the appointment of counsel is requested by the person or, if the person is under 18 years of age, by the parent or guardian of the person. Appointment of counsel under this subsection is subject to ORS 419C.200 (Court-appointed counsel for youth) , 419C.206 (Compensation for counsel) and 419C.209 (Applicability of other laws) . [Formerly 181.823; 2016 c.95 §5; 2019 c.634 §9; 2021 c.597 §35]

Source: Section 163A.130 — Relief from reporting obligation for juvenile offenders adjudicated in Oregon , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163A.­html (accessed May 26, 2025).
ORS § 165.117 — OR Code / Title 16 / Chapter 165 / Section 165.117
165.117 Metal property transaction records
Status: in_force

(1) Before completing a transaction, a scrap metal business engaged in business in this state shall:

(a) Create a metal property record for the transaction at the time and in the location where the transaction occurs. The record must:

(A) Be accurate and written clearly and legibly in English;

(B) Be entered onto a standardized printed form or an electronic form that is securely stored and is capable of ready retrieval and printing; and

(C) Contain all of the following information:

(i) The signature of the individual with whom the scrap metal business conducts the transaction.

(ii) The time, date, location and monetary amount or other value of the transaction.

(iii) The name of the employee who conducts the transaction on behalf of the scrap metal business.

(iv) The name and telephone number of the individual with whom the scrap metal business conducts the transaction and a street address or, if a post office box is listed on the government-issued photo identification described in sub-subparagraph (vi) of this subparagraph, a post office box, to which the scrap metal business will mail payment to the individual.

(v) The make, model year and the license plate number and state of issue of the motor vehicle or motor vehicles, if any, used to transport the individual who conducts the transaction and to transport the nonferrous metal property or private metal property that is the subject of the transaction.

(vi) A photocopy of a current, valid driver license or other government-issued photo identification belonging to the individual with whom the scrap metal business conducts the transaction.

(vii) A photograph of, or video surveillance recording depicting, a recognizable facial image of the individual with whom the scrap metal business conducts the transaction.

(viii) A general description of the nonferrous metal property that constitutes the predominant part of the transaction and a specific description of private metal property, if any, included in the transaction. The description must include any identifiable marks on the property, if readily discernible, and must specify the weight, quantity or volume of the nonferrous metal property or private metal property.

(ix) For private metal property, the vehicle identification number and a copy of the title or vehicle registration for the vehicle from which the private metal property was removed.

(b) Require the individual with whom the scrap metal business conducts a transaction to sign and date a declaration printed in conspicuous type, either on the record described in this subsection or on a receipt issued to the individual with whom the scrap metal business conducts the transaction, that states:

I, _______________, AFFIRM UNDER PENALTY OF LAW THAT THE PROPERTY I AM SELLING IN THIS TRANSACTION IS NOT, TO THE BEST OF MY KNOWLEDGE, STOLEN PROPERTY.

(c) Require the employee of the scrap metal business who conducts the transaction on behalf of the scrap metal business to witness the individual sign the declaration, and also to sign and date the declaration in a space provided for that purpose.

(d) For one year following the date of the transaction, keep a copy of the record and the signed and dated declaration described in this subsection. If the scrap metal business uses a video surveillance recording as part of the record kept in accordance with this subsection, the scrap metal business need not keep the video surveillance recording for one year, but shall retain the video surveillance recording for a minimum of 30 days following the date of the transaction. The scrap metal business shall at all times keep the copies at the current place of business for the scrap metal business.

(2) A scrap metal business engaged in business in this state may not do any of the following:

(a) Purchase or receive kegs or similar metallic containers used to store or dispense alcoholic beverages, except from a person that manufactures the kegs or containers or from a person licensed by the Oregon Liquor and Cannabis Commission under ORS 471.155 (Commission’s licensing duties) .

(b) Conduct a transaction with an individual if the individual does not at the time of the transaction consent to the creation of the record described in subsection (1) of this section and produce for inspection a valid driver license or other valid government-issued photo identification that belongs to the individual.

(c) Conduct a transaction with an individual in which the scrap metal business pays the individual other than by electronic funds transfer, stored value card or stored value device, or by mailing a nontransferable check, made payable to the individual, for the amount of the transaction to the street address or post office box the individual provided under subsection (1)(a)(C)(iv) of this section. Payment must be made not earlier than three business days after the date of the transaction. The check, electronic funds transfer or stored value device must be drawn on or must draw from an account that the scrap metal business maintains with a financial institution, as defined in ORS 706.008 (Additional definitions for Bank Act) . A stored value card may be issued by a money transmission business licensed under ORS 717.200 (Definitions) to 717.320 (Short title) or exempt from the licensing requirement under ORS 717.210 (Exemptions) .

(d) Purchase metal property from a nonprofit corporation other than by electronic funds transfer, stored value card or stored value device, or by mailing a nontransferable check, made payable to the nonprofit corporation, for the amount of the purchase price to the business address provided under subsection (4)(a)(B) of this section. Payment must be made not earlier than three business days after the date of the purchase. The check, electronic funds transfer or stored value device must be drawn on or must draw from an account that the scrap metal business maintains with a financial institution, as defined in ORS 706.008 (Additional definitions for Bank Act) . A stored value card may be issued by a money transmission business licensed under ORS 717.200 (Definitions) to 717.320 (Short title) or exempt from the licensing requirement under ORS 717.210 (Exemptions) .

(e) Purchase private metal property from a commercial seller other than by electronic funds transfer, credit card, debit card, stored value card or stored value device or by mailing a nontransferable check, made payable to the commercial seller, for the amount of the purchase price to the business address provided under subsection (4)(a)(B) of this section. Except for an electronic funds transfer, credit card transaction or debit card transaction which can be immediate, payment must be made not earlier than three business days after the date of the purchase. The check, electronic funds transfer, credit card, debit card or stored value device must be drawn on or must draw from an account that the scrap metal business maintains with a financial institution, as defined in ORS 706.008 (Additional definitions for Bank Act) . A stored value card may be issued by a money transmission business licensed under ORS 717.200 (Definitions) to 717.320 (Short title) or exempt from the licensing requirement under ORS 717.210 (Exemptions) .

(f) Cash or release a check issued in payment for a transaction or for a purchase described in paragraph (c), (d) or (e) of this subsection other than as provided in this paragraph or paragraph (c), (d) or (e) of this subsection. If a check is not delivered to the intended recipient within 10 days of the date of the transaction or the purchase, the scrap metal business may release the check directly to the individual or commercial seller with the written approval of a law enforcement agency having jurisdiction over the scrap metal business. If a check is returned as undelivered or undeliverable, the scrap metal business shall:

(A) Release the check directly to the individual or commercial seller with the written approval of a law enforcement agency having jurisdiction over the scrap metal business; or

(B) Retain the check until the individual or commercial seller to which the check was mailed provides a valid address in accordance with subsection (1)(a)(C)(iv) or (4)(a)(B) of this section. If after 30 days following the date of the transaction or the purchase described in paragraph (c), (d) or (e) of this subsection the individual or commercial seller fails to provide a valid address, the scrap metal business may cancel the check and the individual or commercial seller shall forfeit to the scrap metal business the amount due as payment.

(g) Purchase or receive private metal property, except from:

(A) A commercial seller; or

(B) An individual who is the owner of the vehicle from which the private metal property was removed and who provides the information required under subsection (1)(a)(C) of this section.

(3) If a scrap metal business obtains the approval of a law enforcement agency under subsection (2)(f) of this section, the scrap metal business shall retain the written approval for one year following the date the approval is received.

(4) Before purchasing or receiving metal property from a commercial seller, a scrap metal business shall:

(a) Create and maintain a commercial account with the commercial seller. As part of the commercial account, the scrap metal business shall enter accurately, clearly and legibly in English onto a standardized printed form, or an electronic form that is securely stored and is capable of ready retrieval and printing, the following information:

(A) The full name of the commercial seller;

(B) The business address and telephone number of the commercial seller; and

(C) The full name of each employee, agent or other individual the commercial seller authorizes to receive payment for metal property from the scrap metal business.

(b) Create a metal property record as part of the commercial account at the time and in the location that the scrap metal business purchases or receives metal property from a commercial seller that contains the following information:

(A) The time, date and location at which the scrap metal business purchased or received the metal property;

(B) The printed name and signature or electronic signature of the employee who conducted the purchase or receipt on behalf of the scrap metal business;

(C) The printed name and signature or electronic signature of the individual or individuals who conducted the purchase or receipt of the metal property on behalf of the commercial seller and of the individual or individuals who delivered the metal property on behalf of the commercial seller to the scrap metal business, if different;

(D) A photocopy of a valid driver license or other valid government-issued photo identification belonging to the individual or individuals who conducted the purchase or receipt of the metal property on behalf of the commercial seller and of the individual or individuals who delivered the metal property on behalf of the commercial seller to the scrap metal business, if different;

(E) The monetary amount or other value of the metal property;

(F) A description of the type of metal property that constitutes the predominant part of the purchase or receipt;

(G) For private metal property sold or transferred by a commercial seller other than a dismantler, the following information for the vehicle from which the private metal property was removed:

(i) The make, model year, vehicle identification number and, if available, the license plate number and issuing state shown on the license plate; and

(ii) The date that the commercial seller removed the private metal property; and

(H) For private metal property sold or transferred by a dismantler, the stock or yard number or numbers assigned to the private metal property by the dismantler under ORS 822.137 (Dismantler conduct resulting in civil penalty) .

(c) Require all signatories to the metal property record to declare the accuracy of the information contained in the record by including on the metal property record in conspicuous type, “I AFFIRM BY MY SIGNATURE THAT UNDER PENALTY OF LAW THAT THE INFORMATION I PROVIDED AND REFLECTED ON THIS FORM IS TRUE AND ACCURATE.”

(5) A scrap metal business may require an individual from whom the business obtains metal property to provide the individual’s thumbprint to the scrap metal business.

(6) A scrap metal business shall make all records and accounts required to be maintained under this section available to any peace officer on demand.

(7) Intentionally left blank —Ed.

(a) Except as otherwise provided in ORS 165.118 (Metal property offenses) , violation of this section is a specific fine violation, and the presumptive fine for the violation is $1,000.

(b) Notwithstanding paragraph (a) of this subsection, the presumptive fine for a violation of a provision of this section is $5,000 if the scrap metal business has at least three previous convictions for violations of a provision of this section. [Formerly 165.107; 2015 c.240 §2; 2021 c.351 §4; 2021 c.412 §3]

Source: Section 165.117 — Metal property transaction records; prohibited conduct; commercial sellers; penalties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors165.­html (accessed May 26, 2025).
ORS § 161.620 — OR Code / Title 16 / Chapter 161 / Section 161.620
161.620 Sentences imposed upon waiver
Status: in_force

Notwithstanding any other provision of law, a sentence imposed upon any person waived 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) shall not include any sentence of death or life imprisonment without the possibility of release or parole nor imposition of any mandatory minimum sentence except that a mandatory minimum sentence under:

(1) ORS 137.707 (Mandatory minimum sentences for certain juvenile offenders waived to adult court) shall be imposed, except as provided in ORS 137.712 (Exceptions to ORS 137.700 and 137.707) ;

(2) ORS 163.105 (Sentencing options for aggravated murder) (1)(c) shall be imposed; and

(3) ORS 161.610 (Enhanced penalty for use of firearm during commission of felony) may be imposed. [1985 c.631 §9; 1989 c.720 §3; 1993 c.33 §306; 1993 c.546 §119; 1995 c.422 §131y; 1999 c.951 §2; 2019 c.634 §8]

Note: 161.620 (Sentences imposed upon waiver) was added to and made a part of ORS 161.615 (Maximum terms of imprisonment for misdemeanors) to 161.685 (Effect of nonpayment of fines, restitution or costs) by legislative action but was not added to any smaller series in that series. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 161.620 — Sentences imposed upon waiver , https://www.­oregonlegislature.­gov/bills_laws/ors/ors161.­html (accessed May 26, 2025).
ORS § 167.008 — OR Code / Title 16 / Chapter 167 / Section 167.008
167.008 Commercial sexual solicitation
Status: in_force

(1) A person commits the crime of commercial sexual solicitation if the person pays, or offers or agrees to pay, a fee to engage in sexual conduct or sexual contact.

(2) Commercial sexual solicitation is a Class A misdemeanor. [2011 c.151 §3; 2013 c.720 §2; 2015 c.98 §1]

Source: Section 167.008 — Commercial sexual solicitation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors167.­html (accessed May 26, 2025).
ORS § 164.383 — OR Code / Title 16 / Chapter 164 / Section 164.383
164.383 Unlawfully applying graffiti
Status: in_force

(1) A person commits the offense of unlawfully applying graffiti if the person, having no right to do so nor reasonable ground to believe that the person has such right, intentionally damages property of another by applying graffiti to the property.

(2) Unlawfully applying graffiti is a Class A violation. Upon a conviction for unlawfully applying graffiti, a court, in addition to any fine it imposes and pursuant to ORS 137.128 (Community service as part of sentence) but notwithstanding ORS 137.129 (Length of community service sentence) , may order the defendant to perform up to 100 hours of community service. The community service must include removing graffiti, either those that the defendant created or those created by another, or both.

(3) If the court orders community service, the community service must be completed within six months after entry of the order unless the person shows good cause why community service cannot be completed within the six-month time period. [1995 c.615 §2; 1999 c.1051 §156]

Note: See note under 164.381 (Definitions) .

Source: Section 164.383 — Unlawfully applying graffiti , https://www.­oregonlegislature.­gov/bills_laws/ors/ors164.­html (accessed May 26, 2025).
ORS § 164.265 — OR Code / Title 16 / Chapter 164 / Section 164.265
164.265 Criminal trespass while in possession of a firearm
Status: in_force

(1) A person commits the crime of criminal trespass while in possession of a firearm who, while in possession of a firearm, enters or remains unlawfully in or upon premises.

(2) Criminal trespass while in possession of a firearm is a Class A misdemeanor. [1979 c.603 §2]

Source: Section 164.265 — Criminal trespass while in possession of a firearm , https://www.­oregonlegislature.­gov/bills_laws/ors/ors164.­html (accessed May 26, 2025).
ORS § 166.175 — OR Code / Title 16 / Chapter 166 / Section 166.175
166.175 Authority of city to regulate purchase of used firearms
Status: in_force

(1) Notwithstanding any other provision of law, a city may continue to regulate the purchase of used firearms by pawnshops and secondhand stores.

(2) As used in this section, “secondhand store” means a store or business whose primary source of revenue is the sale of used merchandise. [1995 s.s. c.1 §6]

Source: Section 166.175 — Authority of city to regulate purchase of used firearms , https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html (accessed May 26, 2025).
ORS § 164.867 — OR Code / Title 16 / Chapter 164 / Section 164.867
164.867 Applicability of ORS 164.868, 164.869 and 164.872
Status: in_force

The provisions of ORS 164.868 (Unlawful labeling of a sound recording) , 164.869 (Unlawful recording of a live performance) and 164.872 (Unlawful labeling of a videotape recording) apply only to persons operating commercial enterprises. [1993 c.95 §2]

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

Source: Section 164.867 — Applicability of ORS 164.868, 164.869 and 164.872 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors164.­html (accessed May 26, 2025).
ORS § 165.542 — OR Code / Title 16 / Chapter 165 / Section 165.542
165.542 Reports required concerning use of electronic listening device
Status: in_force

(1) Within 30 days after the use of an electronic listening device under ORS 133.726 (Interception of oral communication without order) (7) or 165.540 (Obtaining contents of communications) (5)(a), the law enforcement agency using the device shall report to the district attorney of the county in the agency’s jurisdiction:

(a) The number of uses of the device and duration of the interceptions made by the law enforcement agency;

(b) The offense investigated;

(c) The identity of the law enforcement agency intercepting the communication; and

(d) Whether the person wearing the device was a law enforcement officer or a person under the supervision of the officer and the number of persons in each category who wore the device.

(2) During January of each year, the district attorney of a county in which electronic listening devices were used under ORS 133.726 (Interception of oral communication without order) (7) or 165.540 (Obtaining contents of communications) (5)(a) shall report to the Department of Justice:

(a) The information required by subsection (1) of this section with respect to the use of electronic listening devices during the preceding calendar year; and

(b) The aggregate number of instances in which electronic listening devices have been used in the county under ORS 133.726 (Interception of oral communication without order) (7) or 165.540 (Obtaining contents of communications) (5)(a) during the preceding calendar year.

(3) The law enforcement agency shall include as part of the case file any use of electronic listening devices under ORS 133.726 (Interception of oral communication without order) (7) or 165.540 (Obtaining contents of communications) (5)(a).

(4) During April of each odd-numbered calendar year, the Department of Justice shall transmit to the Legislative Assembly a report including a summary of the information required by subsections (1) and (2) of this section.

(5) Failure to comply with the reporting requirements of this section shall not affect the admissibility of evidence. [1989 c.1078 §2; 2001 c.385 §7; 2007 c.879 §2]

Source: Section 165.542 — Reports required concerning use of electronic listening device , https://www.­oregonlegislature.­gov/bills_laws/ors/ors165.­html (accessed May 26, 2025).
ORS § 163.535 — OR Code / Title 16 / Chapter 163 / Section 163.535
163.535 Abandonment of a child
Status: in_force

(1) A person commits the crime of abandonment of a child if, being a parent, lawful guardian or other person lawfully charged with the care or custody of a child under 15 years of age, the person deserts the child in any place with intent to abandon it.

(2) Abandonment of a child is a Class C felony.

(3) It is an affirmative defense to a charge of violating subsection (1) of this section that the child was left in accordance with ORS 418.017 (Parent allowed to anonymously leave child at authorized facility) . [1971 c.743 §173; 2001 c.597 §2]

Source: Section 163.535 — Abandonment of a child , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 163.575 — OR Code / Title 16 / Chapter 163 / Section 163.575
163.575 Endangering the welfare of a minor
Status: in_force

(1) A person commits the offense of endangering the welfare of a minor if the person knowingly:

(a) Induces, causes or permits an unmarried person under 18 years of age to witness an act of sexual conduct or sadomasochistic abuse as defined in ORS 167.060 (Definitions for ORS 167.060 to 167.095) ;

(b) Permits a person under 18 years of age to enter or remain in a place where unlawful activity involving controlled substances or cannabis is maintained or conducted;

(c) Induces, causes or permits a person under 18 years of age to participate in gambling as defined in ORS 167.117 (Definitions for ORS 167.108 to 167.164 and 464.270 to 464.530) ; or

(d) Sells to a person under 18 years of age any device in which cannabis, cocaine or any controlled substance, as defined in ORS 475.005 (Definitions for ORS 475.005 to 475.285 and 475.752 to 475.980) , is burned and the principal design and use of which is directly or indirectly to deliver cannabis smoke, cocaine smoke or smoke from any controlled substance into the human body, including but not limited to:

(A) Pipes, water pipes, hookahs, wooden pipes, carburetor pipes, electric pipes, air driven pipes, corncob pipes, meerschaum pipes and ceramic pipes, with or without screens, permanent screens, hashish heads or punctured metal bowls;

(B) Carburetion tubes and devices, including carburetion masks;

(C) Bongs;

(D) Chillums;

(E) Ice pipes or chillers;

(F) Rolling papers and rolling machines; and

(G) Cocaine free basing kits.

(2) Endangering the welfare of a minor is a Class A misdemeanor. [1971 c.743 §177; 1973 c.827 §20; 1979 c.744 §8; 1981 c.838 §1; 1983 c.740 §31; 1991 c.970 §5; 1995 c.79 §52; 1999 c.1051 §153; 2011 c.597 §79; 2014 c.20 §1; 2015 c.158 §5; 2017 c.21 §45; 2017 c.701 §18]

Source: Section 163.575 — Endangering the welfare of a minor , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).