ORS § 163.305 — OR Code / Title 16 / Chapter 163 / Section 163.305
163.305 Definitions
Status: in_force

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

(1) “Forcible compulsion” means to compel by:

(a) Physical force; or

(b) A threat, express or implied, that places a person in fear of immediate or future death or physical injury to self or another person, or in fear that the person or another person will immediately or in the future be kidnapped.

(2) “Mentally incapacitated” means that a person is rendered incapable of appraising or controlling the conduct of the person at the time of the alleged offense.

(3) “Oral or anal sexual intercourse” means sexual conduct between persons consisting of contact between the sex organs or anus of one person and the mouth or anus of another.

(4) “Physically helpless” means that a person is unconscious or for any other reason is physically unable to communicate unwillingness to an act.

(5) “Sexual contact” means any touching of the sexual or other intimate parts of a person or causing such person to touch the sexual or other intimate parts of the actor for the purpose of arousing or gratifying the sexual desire of either party.

(6) “Sexual intercourse” has its ordinary meaning and occurs upon any penetration, however slight; emission is not required. [1971 c.743 §104; 1975 c.461 §1; 1977 c.844 §1; 1979 c.744 §7; 1983 c.500 §1; 1999 c.949 §1; 2009 c.770 §1; 2017 c.318 §2; 2017 c.634 §17; 2021 c.82 §1; 2023 c.407 §1]

Note: Legislative Counsel has substituted “chapter 743, Oregon Laws 1971,” for the words “this Act” in section 104, chapter 743, Oregon Laws 1971, compiled as 163.305 (Definitions) . Specific ORS references have not been substituted, pursuant to 173.160 (Powers and duties of Legislative Counsel in preparing editions for publication) . These sections may be determined by referring to the 1971 Comparative Section Table located in Volume 22 of ORS.

Source: Section 163.305 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 165.583 — OR Code / Title 16 / Chapter 165 / Section 165.583
165.583 Exemptions from ORS 165.577, 165.579 and 165.581
Status: repealed

The provisions of ORS 165.577 (Cellular counterfeiting in the third degree) , 165.579 (Cellular counterfeiting in the second degree) and 165.581 (Cellular counterfeiting in the first degree) do not apply to:

(1) Officers, employees or agents of cellular telephone service providers who engage in conduct prohibited by ORS 165.577 (Cellular counterfeiting in the third degree) , 165.579 (Cellular counterfeiting in the second degree) or 165.581 (Cellular counterfeiting in the first degree) for the purpose of constructing, maintaining or conducting the radio telecommunication service or for law enforcement purposes;

(2) Law enforcement officers and public officials in charge of jails, police premises, sheriffs’ offices, Department of Corrections institutions and other penal or correctional institutions, or any other person under the color of law, who engages in conduct prohibited by ORS 165.577 (Cellular counterfeiting in the third degree) , 165.579 (Cellular counterfeiting in the second degree) or 165.581 (Cellular counterfeiting in the first degree) for the purpose of law enforcement or in the normal course of the officer’s or official’s employment activities or duties; and

(3) Officers, employees or agents of federal or state agencies that are authorized to monitor or intercept cellular telephone service in the normal course of the officer’s, employee’s or agent’s employment. [1995 c.524 §5]

165.585 [1995 c.524 §§6,7; repealed by 2001 c.666 §56]

Source: Section 165.583 — Exemptions from ORS 165.577, 165.579 and 165.581 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors165.­html (accessed May 26, 2025).
ORS § 166.512 — OR Code / Title 16 / Chapter 166 / Section 166.512
166.512 Severability
Status: in_force

If any provision of chapter 1, Oregon Laws 2023, or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of chapter 1, Oregon Laws 2023, which can be given effect without the invalid provision or application, and to this end the provisions of chapter 1, Oregon Laws 2023, are severable. The people hereby declare that they would have adopted chapter 1, Oregon Laws 2023, notwithstanding the unconstitutionality, invalidity and ineffectiveness of any one of its articles, sections, subsections, sentences or clauses. [2023 c.1 §12]

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

Source: Section 166.512 — Severability , https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html (accessed May 26, 2025).
ORS § 161.568 — OR Code / Title 16 / Chapter 161 / Section 161.568
161.568 Misdemeanor treated as violation
Status: in_force

(1) Except as provided in subsection (4) of this section, a court may elect to treat any misdemeanor as a Class A violation for the purpose of entering a default judgment under ORS 153.102 (Entry) if:

(a) A complaint or information has been filed with the court for the misdemeanor;

(b) The defendant has failed to make an appearance in the proceedings required by the court or by law; and

(c) The court has given notice to the district attorney for the county and the district attorney has informed the court that the district attorney does not object to treating the misdemeanor as a Class A violation.

(2) If the court treats a misdemeanor as a Class A violation under this section, the court shall amend the accusatory instrument to reflect the charged offense as a Class A violation and clearly denominate the offense as a Class A violation in the judgment entered in the matter.

(3) Notwithstanding ORS 153.021 (Minimum fines) , if the court treats a misdemeanor as a Class A violation under this section, the fine that the court may impose under a default judgment entered pursuant to ORS 153.102 (Entry) may not:

(a) Be less than the presumptive fine established by ORS 153.019 (Presumptive fines) for a Class A violation; or

(b) Exceed the maximum fine established by ORS 153.018 (Maximum fines) for a Class A violation.

(4) A court may not treat misdemeanors created under ORS 811.540 (Fleeing or attempting to elude police officer) or 813.010 (Driving under the influence of intoxicants) as violations under the provisions of this section. [1999 c.1051 §48; 2003 c.737 §90; 2011 c.597 §17; 2012 c.82 §3]

Source: Section 161.568 — Misdemeanor treated as violation; court’s election , https://www.­oregonlegislature.­gov/bills_laws/ors/ors161.­html (accessed May 26, 2025).
ORS § 161.295 — OR Code / Title 16 / Chapter 161 / Section 161.295
161.295 Effect of qualifying mental disorder
Status: in_force

(1) A person is guilty except for insanity if, as a result of a qualifying mental disorder at the time of engaging in criminal conduct, the person lacks substantial capacity either to appreciate the criminality of the conduct or to conform the conduct to the requirements of law.

(2) As used in chapter 743, Oregon Laws 1971, the term “qualifying mental disorder” does not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct, nor does the term include any abnormality constituting solely a personality disorder. [1971 c.743 §36; 1983 c.800 §1; 2017 c.634 §3]

Note: See note under 161.015 (General definitions) .

Source: Section 161.295 — Effect of qualifying mental disorder; guilty except for insanity , https://www.­oregonlegislature.­gov/bills_laws/ors/ors161.­html (accessed May 26, 2025).
ORS § 166.375 — OR Code / Title 16 / Chapter 166 / Section 166.375
166.375 Possession of handgun or ammunition by Department of Corrections authorized staff member
Status: in_force

(1) Notwithstanding ORS 162.135 (Definitions for ORS 162.135 to 162.205) and 162.185 (Supplying contraband) or any Department of Corrections regulation, rule, policy or provision of an employment contract to the contrary, if the department has not provided a secure and locked location for the storage of personal handguns and ammunition by authorized staff, authorized staff may possess a personal handgun and ammunition in the authorized staff member’s personal vehicle when the vehicle is parked in a department parking lot if the authorized staff member:

(a) Is present at a public building owned or occupied by the department;

(b) Has a valid concealed handgun license issued pursuant to ORS 166.291 (Issuance of concealed handgun license) and 166.292 (Procedure for issuing) ; and

(c) Has secured the personal handgun and ammunition in a closed and locked container designed for the storage of firearms inside the vehicle.

(2) Intentionally left blank —Ed.

(a) Authorized staff may possess and store only the amount and types of ammunition authorized by the department by written policy or rule.

(b) The department shall adopt written policies or rules to carry out the purposes of this section. The policies or rules shall include, at a minimum, procedures for and responsibilities of authorized staff when possessing and storing personal handguns and ammunition on property owned or occupied by the department under this section.

(3) As used in this section and ORS 423.045 (Handgun or ammunition on department property) :

(a) “Authorized staff” means employees of the department and employees of the State Board of Parole and Post-Prison Supervision and Oregon Corrections Enterprises who are assigned to work in or at a public building owned or occupied by the department.

(b) “Handgun” has the meaning given that term in ORS 166.210 (Definitions) .

(c) “Vehicle” means a vehicle that is self-propelled and that is commonly known as a passenger car, van, truck or motorcycle. [2014 c.88 §2; 2015 c.246 §1]

Source: Section 166.375 — Possession of handgun or ammunition by Department of Corrections authorized staff member; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html (accessed May 26, 2025).
ORS § 165.037 — OR Code / Title 16 / Chapter 165 / Section 165.037
165.037 Criminal simulation
Status: in_force

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

(a) With intent to defraud, the person makes or alters any object in such a manner that it appears to have an antiquity, rarity, source or authorship that it does not in fact possess; or

(b) With knowledge of its true character and with intent to defraud, the person utters or possesses an object so simulated.

(2) Criminal simulation is a Class A misdemeanor. [1971 c.743 §157]

Source: Section 165.037 — Criminal simulation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors165.­html (accessed May 26, 2025).
ORS § 169.080 — OR Code / Title 16 / Chapter 169 / Section 169.080
169.080 Effect of failure to comply with standards
Status: in_force

(1) If the condition or treatment of prisoners in a local correctional facility, lockup or temporary hold or juvenile detention facility is not in accordance with the standards established in ORS 169.076 (Standards for local correctional facilities) to 169.078 (Standards for temporary hold facilities) , 169.740 (Standards for juvenile detention facilities) and 419A.059 (Designation of detention and shelter facilities) , the staff of the Department of Corrections may notify in writing the appropriate local governmental agency of the standards which are not being met and specific recommendations for the agency to comply with the standards. Corrective measures shall be taken by the local governmental agency to ensure compliance with all standards within a reasonable length of time jointly agreed upon by the agency and the Department of Corrections.

(2) The provisions of ORS 169.076 (Standards for local correctional facilities) to 169.078 (Standards for temporary hold facilities) , 169.740 (Standards for juvenile detention facilities) , 419A.059 (Designation of detention and shelter facilities) , 419B.160 (Prohibition on detention) and 419C.130 (Youth or adjudicated youth may not be detained where adults are detained) shall be enforceable by the Attorney General of the State of Oregon. The Attorney General, at the request of the Department of Corrections, may bring suit or action and may seek declaratory judgment as provided in ORS chapter 28 as well as pursue any other form of suit or action provided under Oregon law. Nothing in this section precludes a private right of suit or action. [1973 c.740 §4; 1979 c.338 §3; 1979 c.487 §3; 1987 c.320 §95; 1993 c.33 §311; 2019 c.13 §30; 2019 c.382 §20]

Source: Section 169.080 — Effect of failure to comply with standards; enforcement by Attorney General; private action , https://www.­oregonlegislature.­gov/bills_laws/ors/ors169.­html (accessed May 26, 2025).
ORS § 164.814 — OR Code / Title 16 / Chapter 164 / Section 164.814
164.814 State Forester required to develop forms for special forest products
Status: in_force

The State Forester shall develop a typical form for the permit and document of sale required by ORS 164.813 (Unlawful cutting and transport of special forest products) and for the records required by ORS 164.813 (Unlawful cutting and transport of special forest products) (4). The State Forester shall make copies of the forms available. Use of the forms is not required. [1995 c.75 §2; 2013 c.276 §3]

Note: 164.814 (State Forester required to develop forms for special forest products) 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 164.814 — State Forester required to develop forms for special forest products , https://www.­oregonlegislature.­gov/bills_laws/ors/ors164.­html (accessed May 26, 2025).
ORS § 163.408 — OR Code / Title 16 / Chapter 163 / Section 163.408
163.408 Unlawful sexual penetration in the second degree
Status: in_force

(1) Except as permitted under ORS 163.412 (Exceptions to unlawful sexual penetration prohibition) , a person commits the crime of unlawful sexual penetration in the second degree if the person penetrates the vagina, anus or penis of another with any object and the victim is under 14 years of age.

(2) Unlawful sexual penetration in the second degree is a Class B felony.

(3) As used in this section, “object” includes any body part of the actor.

(4) When multiple crimes are charged based on one penetrative act, the court may not enter separate convictions for each crime, and may enter only one conviction for the conduct. [1981 c.549 §2; 1989 c.359 §5; 1991 c.386 §1; 2023 c.407 §3]

Source: Section 163.408 — Unlawful sexual penetration in the second degree , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 169.044 — OR Code / Title 16 / Chapter 169 / Section 169.044
169.044 Action on recommendation
Status: in_force

When the county court or board has received a recommendation pursuant to ORS 169.042 (Maximum facility population) , it shall either:

(1) Reject the recommendation and decline to adopt a limit on the number of adults in custody that may be held in the local correctional facility; or

(2) Adopt the recommendation and, after consultation with the officials listed in ORS 169.046 (Notice of county jail population emergency) (1), issue an order establishing the maximum allowable number of adults in custody that may be held in the local correctional facility. This shall include specific standards for determining a county jail population emergency and a specific plan for resolving the emergency. [1989 c.884 §3; 2019 c.213 §122]

Source: Section 169.044 — Action on recommendation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors169.­html (accessed May 26, 2025).
ORS § 161.055 — OR Code / Title 16 / Chapter 161 / Section 161.055
161.055 Burden of proof as to defenses
Status: in_force

(1) When a “defense,” other than an “affirmative defense” as defined in subsection (2) of this section, is raised at a trial, the state has the burden of disproving the defense beyond a reasonable doubt.

(2) When a defense, declared to be an “affirmative defense” by chapter 743, Oregon Laws 1971, is raised at a trial, the defendant has the burden of proving the defense by a preponderance of the evidence.

(3) The state is not required to negate a defense as defined in subsection (1) of this section unless it is raised by the defendant. “Raised by the defendant” means either notice in writing to the state before commencement of trial or affirmative evidence by a defense witness in the defendant’s case in chief. [1971 c.743 §4]

Note: See note under 161.015 (General definitions) .

Source: Section 161.055 — Burden of proof as to defenses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors161.­html (accessed May 26, 2025).
ORS § 161.249 — OR Code / Title 16 / Chapter 161 / Section 161.249
161.249 Use of physical force by private person assisting an arrest
Status: in_force

(1) Except as provided in subsection (2) of this section, a person who has been directed by a peace officer to assist the peace officer to make an arrest or to prevent an escape from custody is justified in using physical force when and to the extent that the person reasonably believes that force to be necessary to carry out the peace officer’s direction.

(2) A person who has been directed to assist a peace officer under circumstances specified in subsection (1) of this section may use deadly physical force to make an arrest or to prevent an escape only when:

(a) The person reasonably believes that force to be necessary for self-defense or to defend a third person from what the person reasonably believes to be the use or imminent use of deadly physical force; or

(b) The person is directed or authorized by the peace officer to use deadly physical force unless the person knows that the peace officer is not authorized to use deadly physical force under the circumstances. [1971 c.743 §30]

Source: Section 161.249 — Use of physical force by private person assisting an arrest , https://www.­oregonlegislature.­gov/bills_laws/ors/ors161.­html (accessed May 26, 2025).
ORS § 163.715 — OR Code / Title 16 / Chapter 163 / Section 163.715
163.715 Unlawful use of a global positioning system device
Status: in_force

(1) A person commits the crime of unlawful use of a global positioning system device if the person knowingly affixes a global positioning system device to a motor vehicle without consent of the owner of the motor vehicle.

(2) Intentionally left blank —Ed.

(a) Except as provided in paragraph (b) of this subsection, unlawful use of a global positioning system device is a Class A misdemeanor.

(b) Unlawful use of a global positioning system device is a Class C felony if, at the time of the offense, the person:

(A) Has been previously convicted of stalking under ORS 163.732 (Stalking) , violating a court’s stalking order under ORS 163.750 (Violating a court’s stalking protective order) or committing an equivalent crime in another jurisdiction; or

(B) Is the subject of a citation issued under ORS 163.735 (Citation) , an order issued under ORS 30.866 (Action for issuance or violation of stalking protective order) , 107.700 (Short title) to 107.735 (Duties of State Court Administrator) or 163.738 (Effect of citation) or another court order prohibiting the person from contacting another person.

(3) This section does not apply to:

(a) A police officer who affixes a global positioning system device to a motor vehicle pursuant to a warrant or court order; or

(b) A person who affixes a global positioning system device to a motor vehicle operated by a motor carrier.

(4) As used in this section:

(a) “Global positioning system device” means an electronic device that permits the tracking of a person or object by means of global positioning system coordinates.

(b) “Motor carrier” has the meaning given that term in ORS 825.005 (Definitions) .

(c) “Police officer” has the meaning given that term in ORS 133.525 (Definitions for ORS 133.525 to 133.703) . [2017 c.649 §1]

Note: 163.715 (Unlawful use of a global positioning system device) 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 163.715 — Unlawful use of a global positioning system device , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 163.684 — OR Code / Title 16 / Chapter 163 / Section 163.684
163.684 Encouraging child sexual abuse in the first degree
Status: in_force

(1) A person commits the crime of encouraging child sexual abuse in the first degree if the person:

(a) Intentionally left blank —Ed.

(A) Knowingly develops, duplicates, publishes, prints, disseminates, exchanges, displays, finances, attempts to finance or sells a visual recording of sexually explicit conduct involving a child or knowingly possesses, accesses or views such a visual recording with the intent to develop, duplicate, publish, print, disseminate, exchange, display or sell it; or

(B) Knowingly brings into this state, or causes to be brought or sent into this state, for sale or distribution, a visual recording of sexually explicit conduct involving a child; and

(b) Knows or is aware of and consciously disregards the fact that creation of the visual recording of sexually explicit conduct involved child abuse.

(2) Encouraging child sexual abuse in the first degree is a Class B felony. [1995 c.768 §2; 2011 c.515 §3]

Source: Section 163.684 — Encouraging child sexual abuse in the first degree , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 167.330 — OR Code / Title 16 / Chapter 167 / Section 167.330
167.330 Animal neglect in the first degree
Status: in_force

(1) A person commits the crime of animal neglect in the first degree if, except as otherwise authorized by law, the person intentionally, knowingly, recklessly or with criminal negligence:

(a) Fails to provide minimum care for an animal in the person’s custody or control and the failure to provide care results in serious physical injury or death to the animal; or

(b) Tethers a domestic animal in the person’s custody or control and the tethering results in serious physical injury or death to the domestic animal.

(2) Animal neglect in the first degree is a Class A misdemeanor.

(3) Notwithstanding subsection (2) of this section, animal neglect in the first degree is a Class C felony if:

(a) The person committing the offense has previously been convicted of one or more offenses under this section, ORS 167.325 (Animal neglect in the second degree) or the equivalent laws of another jurisdiction;

(b) The offense was part of a criminal episode involving 10 or more animals; or

(c) The person knowingly commits the offense in the immediate presence of a minor child. For purposes of this paragraph, a minor child is in the immediate presence of animal neglect if the neglect is seen or directly perceived in any other manner by the minor child.

(4) The Oregon Criminal Justice Commission shall classify animal neglect in the first degree under subsection (3) of this section:

(a) As crime category 6 if 10 to 40 animals were the subject of the neglect.

(b) As crime category 7 if more than 40 animals were the subject of the neglect or if the offense is a felony because of circumstances described in subsection (3)(a) or (c) of this section. [1985 c.662 §5; 2001 c.926 §10; 2013 c.382 §4; 2013 c.719 §5]

Source: Section 167.330 — Animal neglect in the first degree , https://www.­oregonlegislature.­gov/bills_laws/ors/ors167.­html (accessed May 26, 2025).
ORS § 162.365 — OR Code / Title 16 / Chapter 162 / Section 162.365
162.365 Criminal impersonation of a public servant
Status: in_force

(1) A person commits the crime of criminal impersonation of a public servant if, with intent to obtain a benefit, to injure or defraud another or to facilitate an unlawful activity, the person does an act in the assumed character of a public servant.

(2) It is no defense to a prosecution under this section that:

(a) The office, position or title that the person pretended to hold did not in fact exist; or

(b) The unit of government that the person pretended to represent did not in fact exist.

(3) Intentionally left blank —Ed.

(a) Criminal impersonation of a public servant is a Class A misdemeanor.

(b) Notwithstanding paragraph (a) of this subsection, criminal impersonation of a public servant is a Class C felony if the public servant impersonated is a peace officer, judge or justice of the peace.

(4) For the purposes of this section, “public servant” includes an active member or veteran of the Armed Forces of the United States. [1971 c.743 §211; 1993 c.243 §1; 1997 c.395 §2; 2003 c.577 §12; 2007 c.510 §1; 2016 c.22 §3]

Source: Section 162.365 — Criminal impersonation of a public servant , https://www.­oregonlegislature.­gov/bills_laws/ors/ors162.­html (accessed May 26, 2025).
ORS § 167.506 — OR Code / Title 16 / Chapter 167 / Section 167.506
167.506 Recordkeeping requirements
Status: in_force

(1) When a person purchases more than 10 items of new and unused property for resale at an unused property market, the person shall maintain a record for two years after the date of purchase.

(2) The record required in subsection (1) of this section must contain:

(a) The date of the purchase of the new and unused property;

(b) The name and address of the person from which the new and unused property was purchased;

(c) A description and identification of the new and unused property; and

(d) The price paid for the new and unused property.

(3) A person shall, upon request, provide the record described in subsection (2) of this section for the purpose of inspection within a reasonable time.

(4) Intentionally left blank —Ed.

(a) A person who violates this section commits a Class C misdemeanor.

(b) A person who violates this section and who has one prior conviction under this section that was entered within the last 10 years commits a Class B misdemeanor.

(c) A person who violates this section and who has two or more prior convictions under this section that were entered within the last 10 years commits a Class A misdemeanor. [2003 c.338 §3]

Note: See note under 167.500 (Definitions for ORS 167.502, 167.506 and 167.508) .

Source: Section 167.506 — Recordkeeping requirements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors167.­html (accessed May 26, 2025).
ORS § 164.835 — OR Code / Title 16 / Chapter 164 / Section 164.835
164.835 Investigation to prevent violations of ORS 164.813 and 164.825
Status: in_force

(1) All peace officers shall note and investigate the cutting and transportation of coniferous trees and special forest products as defined in ORS 164.813 (Unlawful cutting and transport of special forest products) for the purpose of preventing violations of ORS 164.813 (Unlawful cutting and transport of special forest products) and 164.825 (Cutting and transport of coniferous trees without permit or bill of sale) .

(2) Justice courts and circuit courts have concurrent jurisdiction of violations of ORS 164.813 (Unlawful cutting and transport of special forest products) and 164.825 (Cutting and transport of coniferous trees without permit or bill of sale) . [1971 c.743 §296; 1981 c.645 §3; 1993 c.167 §3]

Source: Section 164.835 — Investigation to prevent violations of ORS 164.813 and 164.825 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors164.­html (accessed May 26, 2025).
ORS § 167.162 — OR Code / Title 16 / Chapter 167 / Section 167.162
167.162 Gambling device as public nuisance
Status: in_force

(1) A gambling device is a public nuisance. Any peace officer shall summarily seize any such device that the peace officer finds and deliver it to the custody of the law enforcement agency that employs the officer, which shall hold it subject to the order of the court having jurisdiction.

(2) Whenever it appears to the court that the gambling device has been possessed in violation of ORS 167.147 (Possession of a gambling device) , the court shall adjudge forfeiture thereof and shall order the law enforcement agency holding the gambling device to destroy the device and to deliver any coins taken therefrom to the county treasurer, who shall deposit them to the general fund of the county. However, when the defense provided by ORS 167.147 (Possession of a gambling device) (3) is raised by the defendant, the gambling device or slot machine shall not be forfeited or destroyed until after a final judicial determination that the defense is not applicable. If the defense is applicable, the gambling device or slot machine shall be returned to its owner.

(3) The seizure of the gambling device or operating part thereof constitutes sufficient notice to the owner or person in possession thereof. The law enforcement agency shall make return to the court showing that the law enforcement agency has complied with the court’s order.

(4) Whenever, in any proceeding in court for the forfeiture of any gambling device except a slot machine seized for a violation of ORS 167.147 (Possession of a gambling device) , a judgment for forfeiture is entered, the court shall have exclusive jurisdiction to remit or mitigate the forfeiture.

(5) In any such proceeding the court shall not allow the claim of any claimant for remission or mitigation unless and until the claimant proves that the claimant:

(a) Has an interest in the gambling device, as owner or otherwise, that the claimant acquired in good faith.

(b) At no time had any knowledge or reason to believe that it was being or would be used in violation of law relating to gambling.

(6) In any proceeding in court for the forfeiture of any gambling device except a slot machine seized for a violation of law relating to gambling, the court may in its discretion order delivery thereof to any claimant who shall establish the right to the immediate possession thereof, and shall execute, with one or more sureties, or by a surety company, approved by the court, and deliver to the court, a bond in such sum as the court shall determine, running to the State of Oregon, and conditioned to return such gambling device at the time of trial, and conditioned further that, if the gambling device be not returned at the time of trial, the bond may in the discretion of the court stand in lieu of and be forfeited in the same manner as such gambling device. [1971 c.743 §272; 1977 c.264 §2; 1999 c.59 §32; 2003 c.576 §391; 2005 c.22 §117; 2009 c.835 §9]

Source: Section 167.162 — Gambling device as public nuisance; defense; seizure and destruction , https://www.­oregonlegislature.­gov/bills_laws/ors/ors167.­html (accessed May 26, 2025).
ORS § 163.676 — OR Code / Title 16 / Chapter 163 / Section 163.676
163.676 Exemption from prosecution under ORS 163.684
Status: in_force

(1) No employee is liable to prosecution under ORS 163.684 (Encouraging child sexual abuse in the first degree) or under any city or home rule county ordinance for exhibiting or possessing with intent to exhibit any obscene matter or performance provided the employee is acting within the scope of regular employment at a showing open to the public.

(2) As used in this section, “employee” means any person regularly employed by the owner or operator of a motion picture theater if the person has no financial interest other than salary or wages in the ownership or operation of the motion picture theater, no financial interest in or control over the selection of the motion pictures shown in the theater, and is working within the motion picture theater where the person is regularly employed, but does not include a manager of the motion picture theater. [Formerly 163.495; 1995 c.768 §5]

Source: Section 163.676 — Exemption from prosecution under ORS 163.684 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 167.387 — OR Code / Title 16 / Chapter 167 / Section 167.387
167.387 Definitions for ORS 167.387 and 167.388
Status: in_force

As used in this section and ORS 167.388 (Interference with livestock production) :

(1) “Livestock” has the meaning given in ORS 609.125 (Definition of “livestock.”) .

(2) “Livestock production facility” means:

(a) Any facility or organization engaged in animal breeding, production or processing; or

(b) Any facility or institution whose primary purpose is to impound estray animals, as that term is defined in ORS 607.007 (“Adequate fence,” “estray animal,” “taking up” defined) . [1993 c.252 §4; 1999 c.756 §14]

Source: Section 167.387 — Definitions for ORS 167.387 and 167.388 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors167.­html (accessed May 26, 2025).
ORS § 166.422 — OR Code / Title 16 / Chapter 166 / Section 166.422
166.422 Enforcement of ORS 166.412
Status: in_force

Where appropriate, a person may enforce the legal duties imposed by ORS 166.412 (Definitions) (7)(a) or (b), by the provisions of ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive) and ORS chapter 183. [1989 c.839 §12; 1995 c.729 §8; 2015 c.50 §5]

Note: 166.422 (Enforcement of ORS 166.412) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 166 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 166.422 — Enforcement of ORS 166.412 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html (accessed May 26, 2025).
ORS § 164.005 — OR Code / Title 16 / Chapter 164 / Section 164.005
164.005 Definitions
Status: in_force

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

(1) “Appropriate property of another to oneself or a third person” or “appropriate” means to:

(a) Exercise control over property of another, or to aid a third person to exercise control over property of another, permanently or for so extended a period or under such circumstances as to acquire the major portion of the economic value or benefit of such property; or

(b) Dispose of the property of another for the benefit of oneself or a third person.

(2) “Deprive another of property” or “deprive” means to:

(a) Withhold property of another or cause property of another to be withheld from that person permanently or for so extended a period or under such circumstances that the major portion of its economic value or benefit is lost to that person; or

(b) Dispose of the property in such manner or under such circumstances as to render it unlikely that an owner will recover such property.

(3) “Obtain” includes, but is not limited to, the bringing about of a transfer or purported transfer of property or of a legal interest therein, whether to the obtainer or another.

(4) “Owner of property taken, obtained or withheld” or “owner” means any person who has a right to possession thereof superior to that of the taker, obtainer or withholder.

(5) “Property” means any article, substance or thing of value, including, but not limited to, money, tangible and intangible personal property, real property, choses-in-action, evidence of debt or of contract. [1971 c.743 §121]

Note: Legislative Counsel has substituted “chapter 743, Oregon Laws 1971,” for the words “this Act” in sections 121 and 131, chapter 743, Oregon Laws 1971, compiled as 164.005 (Definitions) and 164.115 (Value of property) . Specific ORS references have not been substituted, pursuant to 173.160 (Powers and duties of Legislative Counsel in preparing editions for publication) . These sections may be determined by referring to the 1971 Comparative Section Table located in Volume 22 of ORS.

Source: Section 164.005 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors164.­html (accessed May 26, 2025).
ORS § 163.767 — OR Code / Title 16 / Chapter 163 / Section 163.767
163.767 Hearing
Status: in_force

(1) If the respondent requests a hearing under ORS 163.765 (Restraining order) (6), the circuit court shall hold the hearing within 21 days after the request. At the hearing, the circuit court may terminate or modify the restraining order issued under ORS 163.765 (Restraining order) .

(2) Intentionally left blank —Ed.

(a) If service of a notice of hearing is inadequate to provide a party with sufficient notice of the hearing, the circuit court may extend the date of the hearing for up to five days so that the party may seek representation.

(b) If one party is represented by an attorney at the hearing, the circuit court may extend the date of the hearing for up to five days at the other party’s request so that the other party may seek representation.

(3) If the circuit court continues the restraining order issued under ORS 163.765 (Restraining order) , with or without modification, at a hearing about which the respondent received actual notice and the opportunity to be heard, the court shall include in the restraining order a certificate in substantially the following form in a separate section immediately above the signature of the judge:

This protective order meets all full faith and credit requirements of the Violence Against Women Act of 1994, 18 U.S.C. 2265. This court has jurisdiction over the parties and the subject matter. The respondent was afforded notice and timely opportunity to be heard as provided by the law of this jurisdiction. This protective order is valid and entitled to enforcement in this and all other jurisdictions.

(4) The circuit court may approve a consent agreement if the court determines that the agreement provides sufficient protections to the petitioner. The circuit court may not approve a term in a consent agreement that provides for restraint of a party to the agreement unless the other party petitioned for and was granted a restraining order issued under ORS 163.765 (Restraining order) .

(5) A restraining order entered under this section, or a consent agreement entered into under this section, shall continue for a period of five years from the date of the restraining order issued under ORS 163.765 (Restraining order) or, if the petitioner is under 18 years of age at the time of issuance, until the petitioner attains 19 years of age, whichever occurs later, unless the court enters a permanent order under ORS 163.765 (Restraining order) (8) or the restraining order is renewed, modified or terminated in accordance with ORS 163.775 (Renewal and modification of restraining order) . [2013 c.687 §4; 2019 c.353 §3]

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

Source: Section 163.767 — Hearing; order; certificate of compliance; consent agreement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 163.213 — OR Code / Title 16 / Chapter 163 / Section 163.213
163.213 Unlawful use of an electrical stun gun, tear gas or mace in the first degree
Status: in_force

(1) A person commits the crime of unlawful use of an electrical stun gun, tear gas or mace in the first degree if the person knowingly discharges or causes to be discharged any electrical stun gun, tear gas weapon, mace, tear gas, pepper mace or any similar deleterious agent against another person, knowing the other person to be a peace officer, corrections officer, parole and probation officer, firefighter or emergency medical services provider and while the other person is acting in the course of official duty.

(2) Unlawful use of an electrical stun gun, tear gas or mace in the first degree is a Class C felony. [1995 c.651 §3; 2011 c.703 §50]

Note: See note under 163.211 (Definitions for ORS 163.211 to 163.213) .

Source: Section 163.213 — Unlawful use of an electrical stun gun, tear gas or mace in the first degree , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 163.135 — OR Code / Title 16 / Chapter 163 / Section 163.135
163.135 Extreme emotional disturbance as affirmative defense to murder in the second degree
Status: in_force

(1) It is an affirmative defense to murder in the second degree for purposes of ORS 163.115 (Murder in the second degree) (1)(a) that the homicide was committed under the influence of extreme emotional disturbance if the disturbance is not the result of the person’s own intentional, knowing, reckless or criminally negligent act and if there is a reasonable explanation for the disturbance. The reasonableness of the explanation for the disturbance must be determined from the standpoint of an ordinary person in the actor’s situation under the circumstances that the actor reasonably believed them to be. Extreme emotional disturbance does not constitute a defense to a prosecution for, or preclude a conviction of, manslaughter in the first degree or any other crime.

(2) Intentionally left blank —Ed.

(a) The defendant may not introduce in the defendant’s case in chief expert testimony regarding extreme emotional disturbance under this section unless the defendant gives notice of the defendant’s intent to do so.

(b) The notice required must be in writing and must be filed at the time the defendant pleads not guilty. The defendant may file the notice at any time after the defendant pleads but before trial if the court determines that there was just cause for failure to file the notice at the time of the defendant’s plea.

(c) If the defendant fails to file notice, the defendant may not introduce evidence for the purpose of proving extreme emotional disturbance under ORS 163.115 (Murder in the second degree) unless the court, in its discretion, determines that there was just cause for failure to file notice.

(3) After the defendant files notice as provided in subsection (2) of this section, the state may have at least one psychiatrist or licensed psychologist of its selection examine the defendant in the same manner and subject to the same provisions as provided in ORS 161.315 (Right of state to obtain mental examination of defendant) .

(4) The discovery of, knowledge about or potential disclosure of the victim’s actual or perceived gender, gender identity, gender expression or sexual orientation, including but not limited to circumstances in which the victim made a romantic or sexual advance that was unwanted but did not involve force toward the defendant, does not constitute a reasonable explanation for an extreme emotional disturbance under this section.

(5) As used in this section, “gender identity” has the meaning given that term in ORS 166.155 (Bias crime in the second degree) . [1971 c.743 §90; 1977 c.235 §1; 1981 c.873 §7; 2003 c.127 §1; 2019 c.635 §19; 2021 c.84 §1]

Source: Section 163.135 — Extreme emotional disturbance as affirmative defense to murder in the second degree; notice of expert testimony; right of state to psychiatric or psychological examination , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 167.332 — OR Code / Title 16 / Chapter 167 / Section 167.332
167.332 Prohibition against possession of same genus or domestic animal
Status: in_force

(1) Except as provided in subsections (3) and (4) of this section:

(a) In addition to any other penalty imposed by law, a person convicted of violating ORS 167.315 (Animal abuse in the second degree) , 167.340 (Animal abandonment) or 167.355 (Involvement in animal fighting) or of a misdemeanor under ORS 167.320 (Animal abuse in the first degree) , 167.325 (Animal neglect in the second degree) or 167.330 (Animal neglect in the first degree) may not possess any animal of the same genus against which the crime was committed or any domestic animal for a period of five years following entry of the conviction.

(b) In addition to any other penalty imposed by law, a person convicted of violating ORS 167.322 (Aggravated animal abuse in the first degree) , 167.333 (Sexual assault of an animal) , 167.365 (Dogfighting) or 167.428 (Cockfighting) or of a felony under ORS 167.320 (Animal abuse in the first degree) , 167.325 (Animal neglect in the second degree) or 167.330 (Animal neglect in the first degree) may not possess any animal of the same genus against which the crime was committed or any domestic animal for a period of 15 years following entry of the conviction. However, the sentencing court may reduce the prohibition period if the person successfully completes mental health treatment approved by the court.

(2) A person who possesses an animal in violation of this section commits a Class C misdemeanor. When a person is convicted of possessing an animal in violation of this section, as part of the sentence the court may order the removal of that animal from the person’s residence and as a condition of the person’s probation may prohibit the person from possessing any animal of the same genus that the person unlawfully possessed under this section or against which the underlying violation of ORS 167.315 (Animal abuse in the second degree) , 167.320 (Animal abuse in the first degree) , 167.322 (Aggravated animal abuse in the first degree) , 167.325 (Animal neglect in the second degree) , 167.330 (Animal neglect in the first degree) , 167.333 (Sexual assault of an animal) , 167.340 (Animal abandonment) , 167.355 (Involvement in animal fighting) , 167.365 (Dogfighting) or 167.428 (Cockfighting) was committed.

(3) The animal possession prohibition described in subsection (1) of this section does not apply to a person’s first conviction if the person is the owner of a commercial livestock operation and the underlying violation of ORS 167.315 (Animal abuse in the second degree) , 167.320 (Animal abuse in the first degree) , 167.322 (Aggravated animal abuse in the first degree) , 167.325 (Animal neglect in the second degree) , 167.330 (Animal neglect in the first degree) , 167.333 (Sexual assault of an animal) , 167.340 (Animal abandonment) , 167.355 (Involvement in animal fighting) , 167.365 (Dogfighting) or 167.428 (Cockfighting) was committed against livestock.

(4) Intentionally left blank —Ed.

(a) A person subject to an animal possession prohibition described in subsection (1) of this section may file a motion with the sentencing court requesting a waiver of the prohibition. The person must file a sworn affidavit in support of the motion stating that:

(A) The person’s conviction leading to the possession prohibition involved only livestock;

(B) During the two years before the conviction triggering the prohibition, the person was the owner of a commercial livestock operation;

(C) The person has not been convicted, in the previous five years, of a crime involving animals or domestic violence or a crime where the victim was under 18 years of age; and

(D) The person’s conviction was the result of:

(i) Criminal liability for the conduct of another person under ORS 161.155 (Criminal liability for conduct of another) (2)(c);

(ii) Criminal liability of a corporation as described in ORS 161.170 (Criminal liability of corporations) , and the person is a corporation; or

(iii) Animal neglect as described in ORS 167.325 (Animal neglect in the second degree) or 167.330 (Animal neglect in the first degree) and the person’s criminal conduct was not knowing or intentional.

(b) When a person files a motion and affidavit described in paragraph (a) of this subsection, the sentencing court shall hold a hearing. At the hearing, the sentencing court shall grant the motion if the person proves by clear and convincing evidence that:

(A) Continued enforcement of the prohibition against possessing livestock would result in substantial economic hardship that cannot otherwise be mitigated;

(B) The person no longer poses any risk to animals; and

(C) The person is capable of providing and willing to provide necessary, adequate and appropriate levels of care for all livestock that would come within the person’s custody or control if the petition is granted.

(c) When deciding a motion filed under this subsection, the sentencing court may consider the person’s financial circumstances and mental health in determining whether the person is capable of adequately caring for livestock.

(d) If the sentencing court grants the motion described in this subsection, the waiver of the prohibition against possessing animals shall apply only to livestock. The sentencing court shall further order that for five years the person must consent to reasonable inspections by law enforcement and the United States Department of Agriculture to ensure the welfare of the livestock under the person’s custody or control. A refusal to consent to a reasonable inspection described in this paragraph is contempt of court and, if the person is found in contempt, shall result in the sentencing court revoking the waiver of the possession prohibition.

(e) As used in this subsection, “commercial livestock operation” means a business engaged in the raising, breeding or selling of livestock for profit. [2001 c.926 §3; 2009 c.486 §1; 2013 c.719 §6; 2015 c.324 §4; 2017 c.677 §3]

Source: Section 167.332 — Prohibition against possession of same genus or domestic animal; prohibition period reduction; waiver procedure , https://www.­oregonlegislature.­gov/bills_laws/ors/ors167.­html (accessed May 26, 2025).
ORS § 164.373 — OR Code / Title 16 / Chapter 164 / Section 164.373
164.373 Tampering with cable television equipment
Status: in_force

(1) A person commits the crime of tampering with cable television equipment if the person:

(a) Knowingly tampers or otherwise interferes with or connects to by any means, whether mechanical, electrical, acoustical or other means, any cable, wire or other device used for the distribution of cable television service, without authority of the provider of such service; or

(b) Knowingly permits another person to tamper or otherwise interfere with, or connect to by any means, whether mechanical, electrical, acoustical or other means, any cable, wire or other device used for the distribution of cable television service, such tampering, interfering or connecting being upon premises under the control of such first person or intended for the benefit of such first person, without authority of the provider of such service.

(2) Tampering with cable television equipment is a Class B misdemeanor. [1985 c.537 §5]

Source: Section 164.373 — Tampering with cable television equipment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors164.­html (accessed May 26, 2025).
ORS § 163a.230 — OR Code / Title 16 / Chapter 163a / Section 163a.230
163A.230 Victim access to sex offender information
Status: in_force

(1) Intentionally left blank —Ed.

(a) When information about a person is first entered into the Law Enforcement Data System under ORS 163A.035 (Registration forms) , the person will be assigned a registry identification number.

(b) A victim shall be issued a victim identification number and shall be given the registry identification number of the person who committed the crime against the victim:

(A) At any time, upon request by the victim; and

(B) Upon verification of the identification of the victim.

(2) The Department of State Police shall establish a toll-free telephone number to provide victims with updates on the prison status, release information, parole status and any other information authorized for release under ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235) to 163A.235 (Agreements to resolve concerns about community notification) regarding the person who committed the crime against the victim. The telephone line shall be operational within the state during normal working hours.

(3) Access of the victim to the telephone line shall be revoked if the victim makes public, or otherwise misuses, information received.

(4) When a victim receives notification under ORS 144.750 (Victim’s rights) of upcoming parole release hearings, or at any other time that the victim is notified concerning the offender, the victim shall be provided a notice of rights under this section and information about the toll-free telephone number. [Formerly 181.843]

Source: Section 163A.230 — Victim access to sex offender information; toll-free telephone number , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163A.­html (accessed May 26, 2025).
ORS § 166.272 — OR Code / Title 16 / Chapter 166 / Section 166.272
166.272 Unlawful possession of machine guns, certain short-barreled firearms and firearms silencers
Status: in_force

(1) A person commits the crime of unlawful possession of a machine gun, short-barreled rifle, short-barreled shotgun or firearms silencer if the person knowingly possesses any machine gun, short-barreled rifle, short-barreled shotgun or firearms silencer.

(2) Unlawful possession of a machine gun, short-barreled rifle, short-barreled shotgun or firearms silencer is a Class B felony.

(3) A peace officer may not arrest or charge a person for violating subsection (1) of this section if the person has in the person’s immediate possession documentation showing that the machine gun, short-barreled rifle, short-barreled shotgun or firearms silencer is registered as required under federal law.

(4) It is an affirmative defense to a charge of violating subsection (1) of this section that the machine gun, short-barreled rifle, short-barreled shotgun or firearms silencer was registered as required under federal law. [1989 c.839 §13a; 1997 c.749 §8; 1997 c.798 §1]

Source: Section 166.272 — Unlawful possession of machine guns, certain short-barreled firearms and firearms silencers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html (accessed May 26, 2025).
ORS § 161.319 — OR Code / Title 16 / Chapter 161 / Section 161.319
161.319 Form of verdict on guilty except for insanity
Status: in_force

When the defendant is found guilty except for insanity under ORS 161.295 (Effect of qualifying mental disorder) , the verdict and judgment shall so state. [1971 c.743 §43; 1977 c.380 §4; 1983 c.800 §4]

Source: Section 161.319 — Form of verdict on guilty except for insanity , https://www.­oregonlegislature.­gov/bills_laws/ors/ors161.­html (accessed May 26, 2025).
ORS § 166.418 — OR Code / Title 16 / Chapter 166 / Section 166.418
166.418 Improperly transferring a firearm
Status: in_force

(1) A person commits the crime of improperly transferring a firearm if the person is a gun dealer as defined in ORS 166.412 (Definitions) and sells, leases or otherwise transfers a firearm and intentionally violates ORS 166.412 (Definitions) .

(2) Improperly transferring a firearm is a Class A misdemeanor. [1995 c.729 §4; 2001 c.1 §10; 2018 c.5 §7]

Note: See second note under 166.412 (Definitions) .

Source: Section 166.418 — Improperly transferring a firearm , https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html (accessed May 26, 2025).
ORS § 161.405 — OR Code / Title 16 / Chapter 161 / Section 161.405
161.405 “Attempt” described
Status: in_force

(1) A person is guilty of an attempt to commit a crime when the person intentionally engages in conduct which constitutes a substantial step toward commission of the crime.

(2) An attempt is a:

(a) Class A felony if the offense attempted is any degree of murder, aggravated murder or treason.

(b) Class B felony if the offense attempted is a Class A felony.

(c) Class C felony if the offense attempted is a Class B felony.

(d) Class A misdemeanor if the offense attempted is a Class C felony or an unclassified felony.

(e) Class B misdemeanor if the offense attempted is a Class A misdemeanor.

(f) Class C misdemeanor if the offense attempted is a Class B misdemeanor.

(g) Violation if the offense attempted is a Class C misdemeanor or an unclassified misdemeanor. [1971 c.743 §54; 2019 c.635 §15a]

Source: Section 161.405 — “Attempt” described , https://www.­oregonlegislature.­gov/bills_laws/ors/ors161.­html (accessed May 26, 2025).
ORS § 163.452 — OR Code / Title 16 / Chapter 163 / Section 163.452
163.452 Custodial sexual misconduct in the first degree
Status: in_force

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

(a) Engages in sexual intercourse or oral or anal sexual intercourse with another person or penetrates the vagina, anus or penis of another person with any object other than the penis or mouth of the actor knowing that the other person is:

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

(B) Confined or detained in a correctional facility;

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

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

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

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

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

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

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

(2) Consent of the other person to sexual intercourse, oral or anal sexual intercourse or the sexual penetration is not a defense to a prosecution under this section.

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

(4) Custodial sexual misconduct in the first degree is a Class C felony. [2005 c.488 §3; 2017 c.318 §9; 2019 c.213 §41]

Source: Section 163.452 — Custodial sexual misconduct in the first degree , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 163.763 — OR Code / Title 16 / Chapter 163 / Section 163.763
163.763 Petition to circuit court for relief
Status: in_force

(1) A person who has been subjected to sexual abuse and who reasonably fears for the person’s physical safety may petition the circuit court for a restraining order if:

(a) The person and the respondent are not family or household members;

(b) The respondent is at least 18 years of age; and

(c) The respondent is not prohibited from contacting the person pursuant to a foreign restraining order as defined in ORS 24.190 (Foreign restraining orders) , an order issued under ORS 30.866 (Action for issuance or violation of stalking protective order) , 124.015 (Hearing upon request of respondent) , 124.020 (Ex parte hearing) , 163.738 (Effect of citation) or 419B.845 (Restraining order when child abuse alleged) or an order entered in a criminal action.

(2) Intentionally left blank —Ed.

(a) A petition seeking relief under ORS 163.760 (Definitions for ORS 163.760 to 163.777) to 163.777 (Fees or undertaking may not be required) must be filed in the circuit court for the county in which the petitioner or the respondent resides. The petition may be filed, without the appointment of a guardian ad litem, by a person who is at least 12 years of age or by a parent or lawful guardian of a person who is under 18 years of age.

(b) The petition must allege that:

(A) The petitioner reasonably fears for the petitioner’s physical safety with respect to the respondent; and

(B) The respondent subjected the petitioner to sexual abuse.

(c) The petition must include allegations made under oath or affirmation or a declaration under penalty of perjury.

(d) The petitioner has the burden of proving a claim under ORS 163.760 (Definitions for ORS 163.760 to 163.777) to 163.777 (Fees or undertaking may not be required) by a preponderance of the evidence. [2013 c.687 §2; 2015 c.121 §22; 2019 c.353 §1]

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

Source: Section 163.763 — Petition to circuit court for relief; burden of proof , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 166.257 — OR Code / Title 16 / Chapter 166 / Section 166.257
166.257 Return of relinquished firearm
Status: in_force

(1) Upon receiving a request to return a firearm or ammunition relinquished to a law enforcement agency pursuant to ORS 166.256 (Relinquishment of firearm upon person becoming subject to certain court orders) , the law enforcement agency shall:

(a) Notify the Department of Justice of the return request for the purposes of notifying the petitioner of the order; and

(b) Hold the firearm or ammunition for 72 hours after receiving the request.

(2) Prior to returning the firearm or ammunition, the law enforcement agency shall:

(a) Confirm that the person to whom the law enforcement agency will return the firearm or ammunition is the lawful owner of the firearm or ammunition, or a person with a possessory right to the firearm or ammunition; and

(b) Perform a criminal background check as defined in ORS 166.432 (Definitions for ORS 166.412 and 166.433 to 166.441) to confirm that the person is not prohibited from possessing a firearm or ammunition under state or federal law. [2019 c.201 §5]

Note: See note under 166.256 (Relinquishment of firearm upon person becoming subject to certain court orders) .

Source: Section 166.257 — Return of relinquished firearm , https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html (accessed May 26, 2025).
ORS § 165.085 — OR Code / Title 16 / Chapter 165 / Section 165.085
165.085 Sports bribery
Status: in_force

(1) A person commits the crime of sports bribery if the person:

(a) Offers, confers or agrees to confer any benefit upon a sports participant with intent to influence the sports participant not to give the best effort of the sports participant in a sports contest; or

(b) Offers, confers or agrees to confer any benefit upon a sports official with intent to influence the sports official to improperly perform duties of a sports official.

(2) Sports bribery is a Class C felony. [1971 c.743 §164]

Source: Section 165.085 — Sports bribery , https://www.­oregonlegislature.­gov/bills_laws/ors/ors165.­html (accessed May 26, 2025).
ORS § 169.220 — OR Code / Title 16 / Chapter 169 / Section 169.220
169.220 Care of county prisoners
Status: in_force

All persons lawfully confined in a county local correctional facility, or as prisoners engaged in work under the custody and jurisdiction of a county, shall be fed and maintained at actual cost to the county. All persons confined in a county local correctional facility shall be given three meals per day. An accurate account of each meal furnished to others than adults in custody of local correctional facilities, together with the names of the recipients thereof, whether facility employees or otherwise, shall be kept and reported by the sheriff each month to the county court or board of county commissioners. The county court or board of county commissioners shall furnish the sheriff with adequate equipment and supplies for carrying out the provisions of this section. The sheriff has authority to employ such assistance therefor as may be necessary. All supplies and equipment needed to feed and maintain such persons as provided in this section shall be purchased by the county court or board of county commissioners upon requisitions duly verified and presented by the sheriff to the county court or board of county commissioners. All supplies so purchased shall be paid for by warrant drawn upon the general fund of the county, upon presentation of vouchers containing itemized statements of all supplies so furnished, duly verified by the sheriff and by the person selling the same, each of whom shall certify that the supplies were actually furnished and received in the quantities represented and were of good quality, and that the price charged therefor was reasonable and just. [Amended by 1957 c.698 §1; 1973 c.740 §20; 2019 c.213 §123]

Source: Section 169.220 — Care of county prisoners , https://www.­oregonlegislature.­gov/bills_laws/ors/ors169.­html (accessed May 26, 2025).
ORS § 161.737 — OR Code / Title 16 / Chapter 161 / Section 161.737
161.737 Sentence imposed on dangerous offender as departure from sentencing guidelines
Status: in_force

(1) A sentence imposed under ORS 161.725 (Standards for sentencing of dangerous offenders) and 161.735 (Procedure for determining whether defendant dangerous) for felonies committed on or after November 1, 1989, shall constitute a departure from the sentencing guidelines created by rules of the Oregon Criminal Justice Commission. The findings made to classify the defendant as a dangerous offender under ORS 161.725 (Standards for sentencing of dangerous offenders) and 161.735 (Procedure for determining whether defendant dangerous) shall constitute substantial and compelling reasons to depart from the presumptive sentence as provided by rules of the Oregon Criminal Justice Commission.

(2) When the sentence is imposed, the sentencing judge shall indicate on the record the reasons for the departure and shall impose, in addition to the indeterminate sentence imposed under ORS 161.725 (Standards for sentencing of dangerous offenders) , a required incarceration term that the offender must serve before release to post-prison supervision. If the presumptive sentence that would have been imposed if the court had not imposed the sentence under ORS 161.725 (Standards for sentencing of dangerous offenders) and 161.735 (Procedure for determining whether defendant dangerous) as a departure is a prison sentence, the required incarceration term shall be no less than the presumptive incarceration term and no more than twice the maximum presumptive incarceration term. If the presumptive sentence for the offense is probation, the required incarceration term shall be no less than the maximum incarceration term provided by the rule of the Oregon Criminal Justice Commission that establishes incarceration terms for dispositional departures and no more than twice that amount. However, the indeterminate sentence imposed under this section and ORS 161.725 (Standards for sentencing of dangerous offenders) is not subject to any guideline rule establishing limitations on the duration of departures. [1989 c.790 §77; 1993 c.334 §6]

Source: Section 161.737 — Sentence imposed on dangerous offender as departure from sentencing guidelines , https://www.­oregonlegislature.­gov/bills_laws/ors/ors161.­html (accessed May 26, 2025).
ORS § 163.145 — OR Code / Title 16 / Chapter 163 / Section 163.145
163.145 Criminally negligent homicide
Status: in_force

(1) A person commits the crime of criminally negligent homicide when, with criminal negligence, the person causes the death of another person.

(2) Criminally negligent homicide is a Class B felony. [1971 c.743 §91; 2003 c.815 §2]

Source: Section 163.145 — Criminally negligent homicide , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 164.828 — OR Code / Title 16 / Chapter 164 / Section 164.828
164.828 Ownership as affirmative defense under ORS 164.813 and 164.825
Status: in_force

It is an affirmative defense to any charge under ORS 164.813 (Unlawful cutting and transport of special forest products) or 164.825 (Cutting and transport of coniferous trees without permit or bill of sale) that the defendant is in fact the owner of the trees or special forest products cut or transported. [1981 c.645 §7; 1993 c.167 §2]

Note: 164.828 (Ownership as affirmative defense under ORS 164.813 and 164.825) 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 164.828 — Ownership as affirmative defense under ORS 164.813 and 164.825 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors164.­html (accessed May 26, 2025).
ORS § 166.025 — OR Code / Title 16 / Chapter 166 / Section 166.025
166.025 Disorderly conduct in the second degree
Status: in_force

(1) A person commits the crime of disorderly conduct in the second degree if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, the person:

(a) Engages in fighting or in violent, tumultuous or threatening behavior;

(b) Makes unreasonable noise;

(c) Disturbs any lawful assembly of persons without lawful authority;

(d) Obstructs vehicular or pedestrian traffic on a public way;

(e) Initiates or circulates a report, knowing it to be false, concerning an alleged or impending fire, explosion, crime, catastrophe or other emergency; or

(f) Creates a hazardous or physically offensive condition by any act which the person is not licensed or privileged to do.

(2) Intentionally left blank —Ed.

(a) Disorderly conduct in the second degree is a Class B misdemeanor.

(b) Notwithstanding paragraph (a) of this subsection, disorderly conduct in the second degree is a Class A misdemeanor if the crime is committed within 200 feet of the real property on which the person knows a funeral service is being conducted.

(3) As used in this section, “funeral service” means a burial or other memorial service for a deceased person. [1971 c.743 §220; 1983 c.546 §5; 2001 c.104 §55; 2005 c.631 §1; 2012 c.35 §1]

Source: Section 166.025 — Disorderly conduct in the second degree , https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html (accessed May 26, 2025).
ORS § 161.555 — OR Code / Title 16 / Chapter 161 / Section 161.555
161.555 Classification of misdemeanors
Status: in_force

(1) Misdemeanors are classified for the purpose of sentence into the following categories:

(a) Class A misdemeanors;

(b) Class B misdemeanors;

(c) Class C misdemeanors; and

(d) Unclassified misdemeanors.

(2) The particular classification of each misdemeanor defined in the Oregon Criminal Code is expressly designated in the section defining the crime. An offense defined outside this code which, because of the express sentence provided is within the definition of ORS 161.545 (“Misdemeanor” described) , shall be considered an unclassified misdemeanor.

(3) An offense defined by a statute of this state, but without specification as to its classification or as to the penalty authorized upon conviction, shall be considered a Class A misdemeanor. [1971 c.743 §70]

Source: Section 161.555 — Classification of misdemeanors , https://www.­oregonlegislature.­gov/bills_laws/ors/ors161.­html (accessed May 26, 2025).
ORS § 166.173 — OR Code / Title 16 / Chapter 166 / Section 166.173
166.173 Authority of city or county to regulate possession of loaded firearms in public places
Status: in_force

(1) A city or county may adopt ordinances to regulate, restrict or prohibit the possession of loaded firearms in public places as defined in ORS 161.015 (General definitions) .

(2) Ordinances adopted under subsection (1) of this section do not apply to or affect:

(a) A law enforcement officer.

(b) A member of the military in the performance of official duty.

(c) A person licensed to carry a concealed handgun.

(d) A person authorized to possess a loaded firearm while in or on a public building or court facility under ORS 166.370 (Possession of firearm or dangerous weapon in public building or court facility) .

(e) An employee of the United States Department of Agriculture, acting within the scope of employment, who possesses a loaded firearm in the course of the lawful taking of wildlife.

(f) An honorably retired law enforcement officer, unless the person who is a retired law enforcement officer 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) . [1995 s.s. c.1 §4; 1999 c.782 §8; 2009 c.556 §3; 2015 c.709 §1]

Source: Section 166.173 — Authority of city or county to regulate possession of loaded firearms in public places , https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html (accessed May 26, 2025).
ORS § 163.149 — OR Code / Title 16 / Chapter 163 / Section 163.149
163.149 Aggravated vehicular homicide
Status: in_force

(1) Criminal homicide constitutes aggravated vehicular homicide when it is committed with criminal negligence, recklessly or recklessly under circumstances manifesting extreme indifference to the value of human life by a person operating a motor vehicle while under the influence of intoxicants in violation of ORS 813.010 (Driving under the influence of intoxicants) and:

(a) The person has a previous conviction for any of the crimes described in subsection (2) of this section, or their statutory counterparts in any jurisdiction; and

(b) The victim’s death in the previous conviction was caused by the person driving a motor vehicle.

(2) The previous convictions to which subsection (1) of this section applies are:

(a) Manslaughter in the first degree under ORS 163.118 (Manslaughter in the first degree) ;

(b) Manslaughter in the second degree under ORS 163.125 (Manslaughter in the second degree) ; or

(c) Criminally negligent homicide under ORS 163.145 (Criminally negligent homicide) .

(3) It is an affirmative defense to a prosecution under this section that the defendant was not under the influence of intoxicants at the time of the conduct that resulted in the previous conviction.

(4) Aggravated vehicular homicide is a Class A felony. [2007 c.867 §1]

Note: 163.149 (Aggravated vehicular homicide) 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 163.149 — Aggravated vehicular homicide , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 164.065 — OR Code / Title 16 / Chapter 164 / Section 164.065
164.065 Theft of lost, mislaid property
Status: in_force

A person who comes into control of property of another that the person knows or has good reason to know to have been lost, mislaid or delivered under a mistake as to the nature or amount of the property or the identity of the recipient, commits theft if, with intent to deprive the owner thereof, the person fails to take reasonable measures to restore the property to the owner. [1971 c.743 §126]

Source: Section 164.065 — Theft of lost, mislaid property , https://www.­oregonlegislature.­gov/bills_laws/ors/ors164.­html (accessed May 26, 2025).
ORS § 164.386 — OR Code / Title 16 / Chapter 164 / Section 164.386
164.386 Unlawfully possessing a graffiti implement
Status: in_force

(1) A person commits the offense of unlawfully possessing a graffiti implement if the person possesses a graffiti implement with the intent of using the graffiti implement in violation of ORS 164.383 (Unlawfully applying graffiti) .

(2) Unlawfully possessing a graffiti implement is a Class C violation. Upon a conviction for unlawfully possessing a graffiti implement, 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 50 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 §3; 1999 c.1051 §157]

Note: See note under 164.381 (Definitions) .

Source: Section 164.386 — Unlawfully possessing a graffiti implement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors164.­html (accessed May 26, 2025).
ORS § 165.803 — OR Code / Title 16 / Chapter 165 / Section 165.803
165.803 Aggravated identity theft
Status: in_force

"Oregon expungement law has seen some dramatic changes in the past few years. Senate Bill 397 took effect January 1, 2022. It reduces most set aside timelines and has a profound effect on overall eligibility." Bibliographic info

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

(a) The person violates ORS 165.800 (Identity theft) in 10 or more separate incidents within a 180-day period;

(b) The person violates ORS 165.800 (Identity theft) and the person has a previous conviction for aggravated identity theft;

(c) The person violates ORS 165.800 (Identity theft) and the losses incurred in a single or aggregate transaction are $10,000 or more within a 180-day period; or

(d) The person violates ORS 165.800 (Identity theft) and has in the person’s custody, possession or control 10 or more pieces of personal identification from 10 or more different persons.

(2) Aggravated identity theft is a Class B felony.

(3) As used in this section, “previous conviction” includes:

(a) Convictions occurring before, on or after January 1, 2008; and

(b) Convictions entered in any other state or federal court for comparable offenses.

(4) The state shall plead in the accusatory instrument and prove beyond a reasonable doubt, as an element of the offense, the previous conviction for aggravated identity theft. [2007 c.584 §1]

Source: Section 165.803 — Aggravated identity theft , https://www.­oregonlegislature.­gov/bills_laws/ors/ors165.­html (accessed May 26, 2025).
ORS § 164.405 — OR Code / Title 16 / Chapter 164 / Section 164.405
164.405 Robbery in the second degree
Status: in_force

(1) A person commits the crime of robbery in the second degree if the person violates ORS 164.395 (Robbery in the third degree) and the person:

(a) Represents by word or conduct that the person is armed with what purports to be a dangerous or deadly weapon; or

(b) Is aided by another person actually present.

(2) Robbery in the second degree is a Class B felony. [1971 c.743 §149]

Source: Section 164.405 — Robbery in the second degree , https://www.­oregonlegislature.­gov/bills_laws/ors/ors164.­html (accessed May 26, 2025).
ORS § 167.147 — OR Code / Title 16 / Chapter 167 / Section 167.147
167.147 Possession of a gambling device
Status: in_force

(1) A person commits the crime of possession of a gambling device if, with knowledge of the character thereof, the person manufactures, sells, transports, places or possesses, or conducts or negotiates a transaction affecting or designed to affect ownership, custody or use of:

(a) A slot machine; or

(b) Any other gambling device, believing that the device is to be used in promoting unlawful gambling activity.

(2) Possession of a gambling device is a Class A misdemeanor.

(3) It is a defense to a charge of possession of a gambling device if the slot machine or gambling device that caused the charge to be brought was manufactured:

(a) Prior to 1900 and is not operated for purposes of unlawful gambling; or

(b) More than 25 years before the date on which the charge was brought and:

(A) Is located in a private residence;

(B) Is not operated for the purposes of unlawful gambling; and

(C) Has permanently affixed to it by the manufacturer, the manufacturer’s name and either the date of manufacture or the serial number. [1971 c.743 §269; 1977 c.264 §1; 1983 c.403 §1; 1993 c.781 §1; 1995 c.577 §1]

Source: Section 167.147 — Possession of a gambling device; defense , https://www.­oregonlegislature.­gov/bills_laws/ors/ors167.­html (accessed May 26, 2025).
ORS § 161.385 — OR Code / Title 16 / Chapter 161 / Section 161.385
161.385 Psychiatric Security Review Board
Status: in_force

(1) There is hereby created a Psychiatric Security Review Board consisting of 10 members appointed by the Governor and subject to confirmation by the Senate under section 4, Article III of the Oregon Constitution.

(2) The membership of the board may not include any district attorney, deputy district attorney or public defender. The Governor shall appoint:

(a) A psychiatrist experienced in the criminal justice system and not otherwise employed on a full-time basis by the Oregon Health Authority or a community mental health program;

(b) A licensed psychologist experienced in the criminal justice system and not otherwise employed on a full-time basis by the authority or a community mental health program;

(c) A member with substantial experience in the processes of parole and probation;

(d) A lawyer with substantial experience in criminal trial practice;

(e) A psychiatrist certified, or eligible to be certified, by the Oregon Medical Board in child psychiatry who is experienced in the juvenile justice system and not employed on a full-time basis by the authority or a community mental health program;

(f) A licensed psychologist who is experienced in child psychology and the juvenile justice system and not employed on a full-time basis by the authority or a community mental health program;

(g) A member with substantial experience in the processes of juvenile parole and probation;

(h) A lawyer with substantial experience in juvenile law practice; and

(i) Two members of the general public.

(3) The term of office of each member is four years. The Governor at any time may remove any member for inefficiency, neglect of duty or malfeasance in office. Before the expiration of the term of a member, the Governor shall appoint a successor whose term begins on July 1 next following. A member is eligible for reappointment. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term.

(4) A member of the board not otherwise employed full-time by the state shall be paid on a per diem basis an amount equal to $289.22, adjusted according to the executive pay plan for the biennium, for each day during which the member is engaged in the performance of official duties, including necessary travel time. In addition, subject to ORS 292.220 (Department to regulate subsistence and mileage allowances for travel) to 292.250 (Reimbursement for use of privately owned motor vehicle on official business) regulating travel and other expenses of state officers and employees, the member shall be reimbursed for actual and necessary travel and other expenses incurred in the performance of official duties.

(5) Subject to any applicable provision of the State Personnel Relations Law, the board may hire employees to aid it in performing its duties.

(6) The board consists of two five-member panels. The adult panel is responsible for persons placed under the board’s jurisdiction under ORS 161.315 (Right of state to obtain mental examination of defendant) to 161.351 (Discharge by board) and 419C.544 (Transfer of cases from juvenile panel to adult panel of Psychiatric Security Review Board) and consists of those members appointed under subsection (2)(a) to (d) of this section and one of the public members. The juvenile panel is responsible for young persons placed under the board’s jurisdiction under ORS 419C.529 (Finding of serious mental condition) and consists of those members appointed under subsection (2)(e) to (h) of this section and the other public member.

(7) Intentionally left blank —Ed.

(a) Each panel shall select one of its members as chairperson to serve for a one-year term with such duties and powers as the panel determines.

(b) A majority of the voting members of a panel constitutes a quorum for the transaction of business of the panel.

(8) Each panel shall meet at least twice every month, unless the chairperson determines that there is not sufficient business before the panel to warrant a meeting at the scheduled time. The panel shall also meet at other times and places specified by the call of the chairperson or of a majority of the members of the panel. [1977 c.380 §8; 1979 c.867 §7; 1979 c.885 §6; 1981 c.711 §15; 1981 s.s. c.3 §132; 1983 c.740 §26; 1983 c.800 §12; 1987 c.133 §1; 2001 c.962 §70; 2005 c.843 §20; 2009 c.595 §109; 2011 c.708 §8]

Source: Section 161.385 — Psychiatric Security Review Board; composition, term, qualifications, compensation, appointment, confirmation and meetings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors161.­html (accessed May 26, 2025).
ORS § 165.694 — OR Code / Title 16 / Chapter 165 / Section 165.694
165.694 Aggregation of claims
Status: in_force

(1) Single acts of making a false claim for health care payment may be added together into aggregated counts of making false claims for health care payments if the acts were committed:

(a) Against multiple health care payors by similar means within a 30-day period; or

(b) Against the same health care payor, or a contractor, or contractors, of the same health care payor, within a 180-day period.

(2) The charging instrument must identify those claims that are part of any aggregated counts. [1995 c.496 §3]

Source: Section 165.694 — Aggregation of claims , https://www.­oregonlegislature.­gov/bills_laws/ors/ors165.­html (accessed May 26, 2025).
ORS § 161.065 — OR Code / Title 16 / Chapter 161 / Section 161.065
161.065 Evidence of physical injury
Status: in_force

(1) In a prosecution for an offense that includes, as an element, causing physical injury to another person, evidence of physical injury may include but is not limited to:

(a) Testimony by the person alleged to have been injured;

(b) Evidence of physical trauma;

(c) Testimony from witnesses indicating that the person alleged to have been injured experienced substantial pain or impairment of physical condition; or

(d) Expert testimony addressing the effect of the type and amount of force used by the defendant.

(2) As used in this section, “physical trauma” includes but is not limited to fractures, cuts, punctures, bruises, burns or other observable effects. [2023 c.205 §1]

Source: Section 161.065 — Evidence of physical injury , https://www.­oregonlegislature.­gov/bills_laws/ors/ors161.­html (accessed May 26, 2025).
ORS § 166.180 — OR Code / Title 16 / Chapter 166 / Section 166.180
166.180 Negligently wounding another
Status: in_force

Any person who, as a result of failure to use ordinary care under the circumstances, wounds any other person with a bullet or shot from any firearm, or with an arrow from any bow, commits a Class B misdemeanor. In addition, any person so convicted shall forfeit any license to hunt, obtained under the laws of this state, and shall be ineligible to obtain a license to hunt for a period of 10 years following the date of conviction. [Formerly 163.310; 2011 c.597 §162]

Source: Section 166.180 — Negligently wounding another , https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html (accessed May 26, 2025).
ORS § 163a.010 — OR Code / Title 16 / Chapter 163a / Section 163a.010
163A.010 Reporting by sex offender discharged, paroled or released from correctional facility or another United States jurisdiction
Status: in_force

(1) The agency to which a person reports under subsection (3) of this section shall complete a sex offender registration form concerning the person when the person reports under subsection (3) of this section.

(2) Subsection (3) of this section applies to a person who:

(a) Is discharged, paroled or released on any form of supervised or conditional release from a jail, prison or other correctional facility or detention facility in this state at which the person was confined as a result of:

(A) Conviction of a sex crime or a crime for which the person would have to register as a sex offender under federal law; or

(B) Having been found guilty except for insanity of a sex crime;

(b) Is paroled to this state under ORS 144.610 (Out-of-state supervision of parolees) after being convicted in another United States court of a crime:

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

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

(c) Is discharged by the court under ORS 161.329 (Order of discharge) after having been found guilty except for insanity of a sex crime.

(3) Intentionally left blank —Ed.

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

(A) Within 10 days following discharge, release on parole, post-prison supervision or other supervised or conditional release;

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

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

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

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

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

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

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

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

(d) In the event that a person reports to the authority under this subsection, the authority shall register the person.

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

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

(a) The person required to report shall:

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

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

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

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

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

(C) Shall fingerprint the person if the person’s fingerprints are not included in the record file of the Department of State Police. [Formerly 181.806; 2016 c.95 §4; 2019 c.430 §11; 2021 c.489 §13]

Source: Section 163A.010 — Reporting by sex offender discharged, paroled or released from correctional facility or another United States jurisdiction , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163A.­html (accessed May 26, 2025).
ORS § 162.195 — OR Code / Title 16 / Chapter 162 / Section 162.195
162.195 Failure to appear in the second degree
Status: in_force

(1) A person commits the crime of failure to appear in the second degree if the person knowingly fails to appear as required after:

(a) Having by court order been released from custody or a correctional facility under a release agreement or security release upon the condition that the person will subsequently appear personally in connection with a charge against the person of having committed a misdemeanor; or

(b) Having been released from a correctional facility subject to a forced release agreement under ORS 169.046 (Notice of county jail population emergency) in connection with a charge against the person of having committed a misdemeanor.

(2) Failure to appear in the second degree is a Class A misdemeanor. [1971 c.743 §195; 1973 c.836 §343; 1993 c.533 §5; 1999 c.1051 §69; 2001 c.517 §3; 2003 c.320 §1]

Source: Section 162.195 — Failure to appear in the second degree , https://www.­oregonlegislature.­gov/bills_laws/ors/ors162.­html (accessed May 26, 2025).
ORS § 161.465 — OR Code / Title 16 / Chapter 161 / Section 161.465
161.465 Duration of conspiracy
Status: in_force

For the purpose of application of ORS 131.125 (Time limitations) :

(1) Conspiracy is a continuing course of conduct which terminates when the crime or crimes which are its object are completed or the agreement that they be committed is abandoned by the defendant and by those with whom the defendant conspired.

(2) Abandonment is presumed if neither the defendant nor anyone with whom the defendant conspired does any overt act in pursuance of the conspiracy during the applicable period of limitation.

(3) If an individual abandons the agreement, the conspiracy is terminated as to the individual only if and when the individual advises those with whom the individual conspired of the abandonment or the individual informs the law enforcement authorities of the existence of the conspiracy and of the participation of the individual therein. [1971 c.743 §62; 1973 c.836 §340]

Source: Section 161.465 — Duration of conspiracy , https://www.­oregonlegislature.­gov/bills_laws/ors/ors161.­html (accessed May 26, 2025).
ORS § 161.209 — OR Code / Title 16 / Chapter 161 / Section 161.209
161.209 Use of physical force in defense of a person
Status: in_force

Except as provided in ORS 161.215 (Limitations on use of physical force in defense of a person) and 161.219 (Limitations on use of deadly physical force in defense of a person) , a person is justified in using physical force upon another person for self-defense or to defend a third person from what the person reasonably believes to be the use or imminent use of unlawful physical force, and the person may use a degree of force which the person reasonably believes to be necessary for the purpose. [1971 c.743 §22]

Source: Section 161.209 — Use of physical force in defense of a person , https://www.­oregonlegislature.­gov/bills_laws/ors/ors161.­html (accessed May 26, 2025).
ORS § 163.753 — OR Code / Title 16 / Chapter 163 / Section 163.753
163.753 Immunity of officer acting in good faith
Status: in_force

A law enforcement officer acting in good faith shall not be liable in any civil action for issuing or not issuing a citation under ORS 163.735 (Citation) . [1993 c.626 §11; 1995 c.353 §9]

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

Source: Section 163.753 — Immunity of officer acting in good faith , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 161.225 — OR Code / Title 16 / Chapter 161 / Section 161.225
161.225 Use of physical force in defense of premises
Status: in_force

(1) A person in lawful possession or control of premises is justified in using physical force upon another person when and to the extent that the person reasonably believes it necessary to prevent or terminate what the person reasonably believes to be the commission or attempted commission of a criminal trespass by the other person in or upon the premises.

(2) A person may use deadly physical force under the circumstances set forth in subsection (1) of this section only:

(a) In defense of a person as provided in ORS 161.219 (Limitations on use of deadly physical force in defense of a person) ; or

(b) When the person reasonably believes it necessary to prevent the commission of arson or a felony by force and violence by the trespasser.

(3) As used in subsection (1) and subsection (2)(a) of this section, “premises” includes any building as defined in ORS 164.205 (Definitions for ORS 164.205 to 164.270) and any real property. As used in subsection (2)(b) of this section, “premises” includes any building. [1971 c.743 §25]

Source: Section 161.225 — Use of physical force in defense of premises , https://www.­oregonlegislature.­gov/bills_laws/ors/ors161.­html (accessed May 26, 2025).
ORS § 163.355 — OR Code / Title 16 / Chapter 163 / Section 163.355
163.355 Rape in the third degree
Status: in_force

(1) A person commits the crime of rape in the third degree if the person has sexual intercourse with another person under 16 years of age.

(2) Rape in the third degree is a Class C felony. [1971 c.743 §109; 1991 c.628 §1]

Source: Section 163.355 — Rape in the third degree , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 163.688 — OR Code / Title 16 / Chapter 163 / Section 163.688
163.688 Possession of materials depicting sexually explicit conduct of a child in the first degree
Status: in_force

(1) A person commits the crime of possession of materials depicting sexually explicit conduct of a child in the first degree if the person:

(a) Knowingly possesses, accesses or views a visual depiction of sexually explicit conduct involving a child or a visual depiction of sexually explicit conduct that appears to involve a child; and

(b) Uses the visual depiction to induce a child to participate or engage in sexually explicit conduct.

(2) Possession of materials depicting sexually explicit conduct of a child in the first degree is a Class B felony. [1997 c.719 §3; 2011 c.515 §6]

Source: Section 163.688 — Possession of materials depicting sexually explicit conduct of a child in the first degree , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 169.110 — OR Code / Title 16 / Chapter 169 / Section 169.110
169.110 Time credit for good behavior
Status: in_force

(1) Each prisoner convicted of an offense against the laws of this state, who is confined, in execution of the judgment or sentence upon conviction, including confinement imposed as a condition of probation pursuant to ORS 137.540 (Conditions of probation) , in a county local correctional facility in this state for a definite term, whose record of conduct shows that the prisoner has faithfully observed all the rules of the facility, is entitled, in the discretion of the sheriff or other officer having custody of such prisoner, to a deduction from the term of the sentence of the prisoner to be calculated as follows, commencing on the first day of the arrival of the prisoner at the facility to serve the sentence of the prisoner:

(a) Upon a sentence of not less than 10 or more than 30 days, one day for each 10 days.

(b) Upon a sentence of more than 30 days but not more than 90 days, three days for each 30-day period.

(c) Upon a sentence of more than 90 days but not more than 180 days, four days for each 30-day period.

(d) Upon a sentence of more than 180 days but not more than 270 days, five days for each 30-day period.

(e) Upon a sentence of more than 270 days, six days for each 30-day period.

(2) Intentionally left blank —Ed.

(a) Deductions under this section may be allowed for time served in an alternative sentencing facility operated pursuant to a community corrections plan if the county governing body authorizes the allowing of deductions.

(b) For purposes of calculating deductions allowable under paragraph (a) of this subsection, each day served in the facility is counted as a day of confinement. [Amended by 1965 c.346 §3; 1971 c.196 §1; 1973 c.740 §13; 1979 c.487 §11; 2011 c.203 §1]

Source: Section 169.110 — Time credit for good behavior , https://www.­oregonlegislature.­gov/bills_laws/ors/ors169.­html (accessed May 26, 2025).
ORS § 163.741 — OR Code / Title 16 / Chapter 163 / Section 163.741
163.741 Service of stalking protective order
Status: in_force

(1) Service of a stalking protective order shall be made by personal delivery of a copy of the order to the respondent. The respondent need not be served if an order of the court indicates that the respondent appeared in person before the court.

(2) Whenever a stalking protective order, as authorized by ORS 163.735 (Citation) or 163.738 (Effect of citation) , is served on a respondent, the person serving the order shall immediately deliver to the county sheriff a true copy of proof of service, on which it is stated that personal service of the order was made on the respondent, and a copy of the order. Proof of service may be made by affidavit or by declaration under penalty of perjury in the form required by ORCP 1 E. If service of the order is not required under subsection (1) of this section, a copy of the order must be delivered to the sheriff by the court. Upon receipt of a copy of the order and notice of completion of any required service by a member of a law enforcement agency, the county sheriff shall immediately enter the order into the Law Enforcement Data System maintained by the Department of State Police and into the databases of the National Crime Information Center of the United States Department of Justice. If the order was served on the respondent by a person other than a member of a law enforcement agency, the county sheriff shall enter the order into the Law Enforcement Data System and databases of the National Crime Information Center upon receipt of a true copy of proof of service. The sheriff shall provide the complainant with a true copy of any required proof of service. Entry into the Law Enforcement Data System constitutes notice to all law enforcement agencies of the existence of the order. Law enforcement agencies shall establish procedures adequate to ensure that an officer at the scene of an alleged violation of the order may be informed of the existence and terms of the order. The order is fully enforceable in any county in this state.

(3) When a stalking protective order has been entered into the Law Enforcement Data System and the databases of the National Crime Information Center of the United States Department of Justice under subsection (1) of this section, a county sheriff shall cooperate with a request from a law enforcement agency from any other jurisdiction to verify the existence of the stalking protective order or to transmit a copy of the order to the requesting jurisdiction.

(4) When a stalking protective order is terminated by order of the court, the clerk of the court shall immediately deliver a copy of the termination order to the county sheriff with whom the original order was filed. Upon receipt of the termination order, the county sheriff shall promptly remove the original order from the Law Enforcement Data System and the databases of the National Crime Information Center of the United States Department of Justice. [1993 c.626 §5; 1999 c.1052 §3; 2007 c.255 §11; 2009 c.364 §3; 2011 c.269 §6; 2015 c.121 §25]

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

Source: Section 163.741 — Service of stalking protective order; entry of order into law enforcement data systems , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 162.355 — OR Code / Title 16 / Chapter 162 / Section 162.355
162.355 Simulating legal process
Status: in_force

(1) A person commits the crime of simulating legal process if, with the intent to harass, injure or defraud another person, the person knowingly issues or delivers to another person any document that in form and substance falsely simulates civil or criminal process.

(2) As used in this section:

(a) “Civil or criminal process” means a document or order, including, but not limited to, a summons, lien, complaint, warrant, injunction, writ, notice, pleading or subpoena, that is issued by a court or that is filed or recorded for the purpose of:

(A) Exercising jurisdiction;

(B) Representing a claim against a person or property;

(C) Directing a person to appear before a court or tribunal; or

(D) Directing a person to perform or refrain from performing a specified act.

(b) “Person” has the meaning given that term in ORS 161.015 (General definitions) , except that in relation to a defendant, “person” means a human being, a public or private corporation, an unincorporated association or a partnership.

(3) Simulating legal process is a Class C felony. [1971 c.743 §210; 1997 c.395 §1; 2005 c.2 §1]

Source: Section 162.355 — Simulating legal process , https://www.­oregonlegislature.­gov/bills_laws/ors/ors162.­html (accessed May 26, 2025).
ORS § 166.263 — OR Code / Title 16 / Chapter 166 / Section 166.263
166.263 Authority of parole and probation officer to carry firearm
Status: in_force

When authorized by the officer’s employer, a parole and probation officer, as defined in ORS 181A.355 (Definitions for ORS 181A.355 to 181A.689) , may carry a firearm while engaged in official duties if the officer has completed:

(1) A firearms training program recognized by the Board on Public Safety Standards and Training; and

(2) A psychological screening. [1995 c.670 §1]

Source: Section 166.263 — Authority of parole and probation officer to carry firearm , https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html (accessed May 26, 2025).
ORS § 163.095 — OR Code / Title 16 / Chapter 163 / Section 163.095
163.095 “Aggravated murder” defined
Status: in_force

As used in ORS 163.105 (Sentencing options for aggravated murder) and this section, “aggravated murder” means:

(1) Criminal homicide of two or more persons that is premeditated and committed intentionally and with the intent to:

(a) Intimidate, injure or coerce a civilian population;

(b) Influence the policy of a government by intimidation or coercion; or

(c) Affect the conduct of a government through destruction of property, murder, kidnapping or aircraft piracy; or

(2) Murder in the second degree, as defined in ORS 163.115 (Murder in the second degree) , that is:

(a) Intentionally left blank —Ed.

(A) Committed while the defendant was confined in a state, county or municipal penal or correctional facility or was otherwise in custody; and

(B) Committed after the defendant was previously convicted in any jurisdiction of any homicide, the elements of which constitute the crime of aggravated murder under this section or murder in the first degree under ORS 163.107 (Murder in the first degree) ;

(b) Premeditated and committed intentionally against a person under 14 years of age;

(c) Premeditated, committed intentionally against a police officer as defined in ORS 801.395 (“Police officer.”) , and related to the performance of the victim’s official duties; or

(d) Premeditated, committed intentionally against a correctional, parole and probation officer or other person charged with the duty of custody, control or supervision of convicted persons, and related to the performance of the victim’s official duties. [1977 c.370 §1; 1981 c.873 §1; 1991 c.742 §13; 1991 c.837 §12; 1993 c.185 §20; 1993 c.623 §2; 1997 c.850 §1; 2005 c.264 §17; 2012 c.54 §26; 2015 c.614 §149; 2019 c.635 §1]

Source: Section 163.095 — “Aggravated murder” defined , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 162.285 — OR Code / Title 16 / Chapter 162 / Section 162.285
162.285 Tampering with a witness
Status: in_force

(1) A person commits the crime of tampering with a witness if:

(a) The person knowingly induces or attempts to induce a witness or a person the person believes may be called as a witness in any official proceeding to offer false testimony or unlawfully withhold any testimony; or

(b) The person knowingly induces or attempts to induce a witness to be absent from any official proceeding to which the person has been legally summoned.

(2) Tampering with a witness is a Class C felony. [1971 c.743 §203; 1979 c.231 §1]

Source: Section 162.285 — Tampering with a witness , https://www.­oregonlegislature.­gov/bills_laws/ors/ors162.­html (accessed May 26, 2025).
ORS § 163.689 — OR Code / Title 16 / Chapter 163 / Section 163.689
163.689 Possession of materials depicting sexually explicit conduct of a child in the second degree
Status: in_force

(1) A person commits the crime of possession of materials depicting sexually explicit conduct of a child in the second degree if the person:

(a) Knowingly possesses, accesses or views a visual depiction of sexually explicit conduct involving a child or a visual depiction of sexually explicit conduct that appears to involve a child; and

(b) Intends to use the visual depiction to induce a child to participate or engage in sexually explicit conduct.

(2) Possession of materials depicting sexually explicit conduct of a child in the second degree is a Class C felony. [1997 c.719 §4; 2011 c.515 §7]

Source: Section 163.689 — Possession of materials depicting sexually explicit conduct of a child in the second degree , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 167.085 — OR Code / Title 16 / Chapter 167 / Section 167.085
167.085 Defenses in prosecutions under ORS 167.075 and 167.080
Status: in_force

In any prosecution under ORS 167.075 (Exhibiting an obscene performance to a minor) and 167.080 (Displaying obscene materials to minors) , it is an affirmative defense for the defendant to prove:

(1) That the defendant was in a parental or guardianship relationship with the minor;

(2) That the defendant was a bona fide school, museum or public library, or was acting in the course of employment as an employee of such organization or of a retail outlet affiliated with and serving the educational purpose of such organization;

(3) That the defendant was charged with furnishing, showing, exhibiting or displaying an item, those portions of which might otherwise be contraband forming merely an incidental part of an otherwise nonoffending whole, and serving some purpose therein other than titillation; or

(4) That the defendant had reasonable cause to believe that the person involved was not a minor. [1971 c.743 §260; 1993 c.18 §27; 2001 c.607 §1]

Source: Section 167.085 — Defenses in prosecutions under ORS 167.075 and 167.080 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors167.­html (accessed May 26, 2025).
ORS § 167.435 — OR Code / Title 16 / Chapter 167 / Section 167.435
167.435 Forfeiture of rights in fighting birds, source birds or property
Status: in_force

(1) In addition to and not in lieu of any other penalty the court may impose upon a person convicted of cockfighting under ORS 167.428 (Cockfighting) or participation in cockfighting under ORS 167.431 (Participation in cockfighting) , the court shall include in the judgment an order for forfeiture to the city or county where the crime occurred of the person’s rights in any property proved to have been used by the person as an instrumentality in the commission of the crime, including any fighting bird or source bird. This subsection does not limit the ability of the court to dispose of a fighting bird or source bird as provided under subsection (2) of this section.

(2) A fighting bird is a public nuisance, regardless of whether a person has been convicted of cockfighting or participation in cockfighting. If a fighting bird is ordered forfeited under subsection (1) of this section or is proved by a preponderance of the evidence in a forfeiture proceeding to be a fighting bird, the court shall order that the bird be destroyed or be otherwise disposed of. Upon the conviction of the person charged, the court shall adjudge all of the seized property of the person to be forfeited and shall order that the property be destroyed or otherwise disposed of. The court shall provide for a humane disposition of any source birds included in the forfeited property. [2003 c.484 §5; 2017 c.276 §3]

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

Source: Section 167.435 — Forfeiture of rights in fighting birds, source birds or property; public nuisance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors167.­html (accessed May 26, 2025).
ORS § 161.360 — OR Code / Title 16 / Chapter 161 / Section 161.360
161.360 Qualifying mental disorder affecting fitness to proceed
Status: in_force

(1) If, before or during the trial in any criminal case, the court has reason to doubt the defendant’s fitness to proceed by reason of incapacity, the court may order an examination in the manner provided in ORS 161.365 (Procedure for determining issue of fitness to proceed) .

(2) A defendant may be found incapacitated if, as a result of a qualifying mental disorder, the defendant is unable:

(a) To understand the nature of the proceedings against the defendant;

(b) To assist and cooperate with the counsel of the defendant; or

(c) To participate in the defense of the defendant. [1971 c.743 §50; 1993 c.238 §1; 2017 c.634 §14; 2021 c.97 §16]

Source: Section 161.360 — Qualifying mental disorder affecting fitness to proceed , https://www.­oregonlegislature.­gov/bills_laws/ors/ors161.­html (accessed May 26, 2025).
ORS § 164.255 — OR Code / Title 16 / Chapter 164 / Section 164.255
164.255 Criminal trespass in the first degree
Status: in_force

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

(a) Enters or remains unlawfully in a dwelling;

(b) Having been denied future entry to a building pursuant to a merchant’s notice of trespass, reenters the building during hours when the building is open to the public with the intent to commit theft therein;

(c) Enters or remains unlawfully upon railroad yards, tracks, bridges or rights of way; or

(d) Enters or remains unlawfully in or upon premises that have been determined to be not fit for use under ORS 453.855 (Purpose) to 453.912 (Governmental immunity from liability) .

(2) Subsection (1)(d) of this section does not apply to the owner of record of the premises if:

(a) The owner notifies the law enforcement agency having jurisdiction over the premises that the owner intends to enter the premises;

(b) The owner enters or remains on the premises for the purpose of inspecting or decontaminating the premises or lawfully removing items from the premises; and

(c) The owner has not been arrested for, charged with or convicted of a criminal offense that contributed to the determination that the premises are not fit for use.

(3) Criminal trespass in the first degree is a Class A misdemeanor. [1971 c.743 §140; 1993 c.680 §23; 1999 c.837 §1; 2001 c.386 §1; 2003 c.527 §1]

Source: Section 164.255 — Criminal trespass in the first degree , https://www.­oregonlegislature.­gov/bills_laws/ors/ors164.­html (accessed May 26, 2025).
ORS § 163a.050 — OR Code / Title 16 / Chapter 163a / Section 163a.050
163A.050 Notice of reporting obligation to be given by court
Status: in_force

(1) When the court imposes sentence upon a person convicted of a sex crime or finds a person guilty except for insanity of a sex crime, the court shall notify 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) and 163A.015 (Reporting by sex offender discharged, released or placed on probation by court or another United States jurisdiction) .

(2) At the initial intake for incarceration or release on any type of supervised release, the sex offender shall complete a form that documents the offender’s obligation to report under ORS 163A.010 (Reporting by sex offender discharged, paroled or released from correctional facility or another United States jurisdiction) or 163A.015 (Reporting by sex offender discharged, released or placed on probation by court or another United States jurisdiction) and the effect described in ORS 163A.115 (When certain classification required) of failing to submit to a sex offender risk assessment. The Department of State Police shall develop and provide the form. No later than three working days after the sex offender completes the form, the person responsible for the intake process shall send the form to the Department of State Police. [Formerly 181.815; 2017 c.233 §1]

Source: Section 163A.050 — Notice of reporting obligation to be given by court; procedure at intake , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163A.­html (accessed May 26, 2025).
ORS § 166.397 — OR Code / Title 16 / Chapter 166 / Section 166.397
166.397 Reporting loss or theft of firearm
Status: in_force

(1) Intentionally left blank —Ed.

(a) A person who owns, possesses or controls a firearm shall report the loss or theft of the firearm to a law enforcement agency in the jurisdiction in which the loss or theft occurred as soon as practicable but not later than within 72 hours of the time the person knew or reasonably should have known of the loss or theft.

(b) If a means of reporting a loss or theft of a firearm within 72 hours is not reasonably available, the person who owned, possessed or controlled the firearm that was lost or stolen must report the loss or theft within 24 hours of the means of reporting becoming available.

(c) A person may include the serial number of the firearm in a report under this subsection.

(2) Intentionally left blank —Ed.

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

(b) Each firearm for which a person does not make the report within the time required by subsection (1) of this section constitutes a separate violation.

(c) A person who knowingly provides false information in a report required by subsection (1) of this section commits the crime of initiating a false report under ORS 162.375 (Initiating a false report) .

(3) If a lost or stolen firearm is used to injure a person or property and the person who owned, possessed or controlled the firearm at the time of the loss or theft did not report the loss or theft as required by subsection (1) of this section, in an action against the person who owned, possessed or controlled the firearm at the time of the loss or theft to recover damages for the injury, the violation constitutes negligence per se for two years from the expiration of the time limit for reporting or until the loss or theft report is made, whichever occurs sooner. The presumption of negligence may not be overcome by a showing that the person acted reasonably.

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

(5) Intentionally left blank —Ed.

(a) Within 24 hours of receiving a report under subsection (1) of this section, a law enforcement agency shall create a record concerning the lost or stolen firearm in the Law Enforcement Data System or another electronic database as determined by the Department of State Police.

(b) A law enforcement agency is exempt from the obligation described in paragraph (a) of this subsection if the agency is unable to create a record concerning the lost or stolen firearm in the electronic database due to insufficient information.

(c) The department may adopt rules to carry out the provisions of this subsection. [2021 c.146 §5]

Source: Section 166.397 — Reporting loss or theft of firearm; penalties; civil liability , https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html (accessed May 26, 2025).
ORS § 166.171 — OR Code / Title 16 / Chapter 166 / Section 166.171
166.171 Authority of county to regulate discharge of firearms
Status: in_force

(1) A county may adopt ordinances to regulate, restrict or prohibit the discharge of firearms within their boundaries.

(2) Ordinances adopted under subsection (1) of this section may not apply to or affect:

(a) A person discharging a firearm in the lawful defense of person or property.

(b) A person discharging a firearm in the course of lawful hunting.

(c) A landowner and guests of the landowner discharging a firearm, when the discharge will not endanger adjacent persons or property.

(d) A person discharging a firearm on a public or private shooting range, shooting gallery or other area designed and built for the purpose of target shooting.

(e) A person discharging a firearm in the course of target shooting on public land that is not inside an urban growth boundary or the boundary of a city, if the discharge will not endanger persons or property.

(f) An employee of the United States Department of Agriculture, acting within the scope of employment, discharging a firearm in the course of the lawful taking of wildlife. [1995 s.s. c.1 §2; 2009 c.556 §1]

Source: Section 166.171 — Authority of county to regulate discharge of firearms , https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html (accessed May 26, 2025).
ORS § 165.047 — OR Code / Title 16 / Chapter 165 / Section 165.047
165.047 Unlawfully using slugs
Status: in_force

(1) A person commits the crime of unlawfully using slugs if:

(a) With intent to defraud the supplier of property or a service sold or offered by means of a coin machine, the person inserts, deposits or otherwise uses a slug in such machine; or

(b) The person makes, possesses, offers for sale or disposes of a slug with intent to enable a person to use it fraudulently in a coin machine.

(2) As used in this section:

(a) “Coin machine” means a coin box, turnstile, vending machine, or other mechanical or electronic device or receptacle designed to receive a coin or bill of a certain denomination or a token made for such purpose, and in return for the insertion or deposit thereof, automatically to offer, provide, assist in providing or permit the acquisition or use of some property or service.

(b) “Slug” means an object, article or device which, by virtue of its size, shape or any other quality is capable of being inserted, deposited, or otherwise used in a coin machine as a fraudulent substitute for a genuine coin, bill or token.

(3) Unlawfully using slugs is a Class B misdemeanor. [1971 c.743 §159]

Source: Section 165.047 — Unlawfully using slugs , https://www.­oregonlegislature.­gov/bills_laws/ors/ors165.­html (accessed May 26, 2025).
ORS § 162.105 — OR Code / Title 16 / Chapter 162 / Section 162.105
162.105 Retraction as defense
Status: in_force

(1) It is a defense to a prosecution for perjury or false swearing committed in an official proceeding that the defendant retracted the false statement:

(a) In a manner showing a complete and voluntary retraction of the prior false statement; and

(b) During the course of the same official proceeding in which it was made; and

(c) Before the subject matter of the official proceeding is submitted to the ultimate trier of fact.

(2) “Official proceeding,” as used in this section, means a proceeding before any judicial, legislative or administrative body or officer, wherein sworn statements are received, and includes any referee, hearing examiner, commissioner, notary or other person taking sworn statements in connection with such proceedings. Statements made in separate stages of the same trial or administrative proceeding shall be considered to have been made in the course of the same proceeding. [1971 c.743 §187]

Source: Section 162.105 — Retraction as defense , https://www.­oregonlegislature.­gov/bills_laws/ors/ors162.­html (accessed May 26, 2025).
ORS § 166.170 — OR Code / Title 16 / Chapter 166 / Section 166.170
166.170 State preemption
Status: in_force

(1) Except as expressly authorized by state statute, the authority to regulate in any matter whatsoever the sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms or any element relating to firearms and components thereof, including ammunition, is vested solely in the Legislative Assembly.

(2) Except as expressly authorized by state statute, no county, city or other municipal corporation or district may enact civil or criminal ordinances, including but not limited to zoning ordinances, to regulate, restrict or prohibit the sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms or any element relating to firearms and components thereof, including ammunition. Ordinances that are contrary to this subsection are void. [1995 s.s. c.1 §1]

Source: Section 166.170 — State preemption , https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html (accessed May 26, 2025).
ORS § 163.770 — OR Code / Title 16 / Chapter 163 / Section 163.770
163.770 Appearance by telephone or electronic communication device
Status: in_force

(1) A party may file a motion under ORS 45.400 (Remote location testimony) requesting that the circuit court allow the appearance of the party or a witness by telephone or by other two-way electronic communication device in a proceeding under ORS 163.760 (Definitions for ORS 163.760 to 163.777) to 163.777 (Fees or undertaking may not be required) .

(2) In determining whether to allow written notice less than 30 days before the proceeding under ORS 45.400 (Remote location testimony) (2), the circuit court shall consider the expedited nature of a proceeding under ORS 163.760 (Definitions for ORS 163.760 to 163.777) to 163.777 (Fees or undertaking may not be required) .

(3) In addition to the factors listed in ORS 45.400 (Remote location testimony) (3)(b) that would support a finding of good cause, the circuit court shall consider whether the safety or welfare of the party or witness would be threatened if testimony were required to be provided in person at a proceeding under ORS 163.760 (Definitions for ORS 163.760 to 163.777) to 163.777 (Fees or undertaking may not be required) .

(4) A motion or good cause determination is not required for ex parte hearings held by telephone under ORS 163.765 (Restraining order) . [2013 c.687 §5; 2017 c.240 §4]

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

Source: Section 163.770 — Appearance by telephone or electronic communication device , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 169.115 — OR Code / Title 16 / Chapter 169 / Section 169.115
169.115 Temporary leave
Status: in_force

(1) Any prisoner serving a sentence in a county jail may be eligible for temporary leave for a period not to exceed 10 days for the purpose of visiting a seriously ill relative, attending the funeral of a relative, or obtaining medical services not otherwise available.

(2) All requests for temporary leave must be presented to the sheriff for examination. Exemptions shall be restricted to those prisoners who are considered a possible threat to society, or those who pose a risk of not returning at the termination of such leave.

(3) Upon determining that circumstances are suitable for a prisoner to be granted temporary leave, the sheriff may grant leave to the prisoner and fix the duration and conditions of the leave.

(4) In adopting rules governing temporary leave, the sheriff shall consult with the Department of Corrections in an effort to establish statewide uniform rules governing temporary leave for county jail prisoners. [1973 c.499 §1; 1979 c.487 §12; 1987 c.320 §98]

Source: Section 169.115 — Temporary leave; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors169.­html (accessed May 26, 2025).
ORS § 163.479 — OR Code / Title 16 / Chapter 163 / Section 163.479
163.479 Unlawful contact with a child
Status: in_force

(1) A person commits the crime of unlawful contact with a child if the person:

(a) Intentionally left blank —Ed.

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

(B) Has been classified as a level three sex offender under ORS 163A.100 (Risk assessment methodology) (3);

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

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

(b) Knowingly contacts a child with the intent to commit a crime or for the purpose of arousing or satisfying the sexual desires of the person or another person.

(2) As used in this section:

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

(b) “Contact” means to communicate in any manner.

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

(3) Unlawful contact with a child is a Class C felony. [2005 c.811 §2; 2013 c.708 §13; 2015 c.820 §§18,25; 2017 c.442 §35; 2019 c.430 §§6,10]

Note: See note under 163.476 (Unlawfully being in a location where children regularly congregate) .

Source: Section 163.479 — Unlawful contact with a child , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 167.137 — OR Code / Title 16 / Chapter 167 / Section 167.137
167.137 Possession of gambling records in the first degree
Status: in_force

(1) A person commits the crime of possession of gambling records in the first degree if, with knowledge of the contents thereof, the person possesses any writing, paper, instrument or article:

(a) Of a kind commonly used in the operation or promotion of a bookmaking scheme or enterprise, and constituting, reflecting or representing more than five bets totaling more than $500; or

(b) Of a kind commonly used in the operation, promotion or playing of a lottery or numbers scheme or enterprise, and constituting, reflecting or representing more than 500 plays or chances therein.

(2) Possession of gambling records in the first degree is a Class C felony. [1971 c.743 §267]

Source: Section 167.137 — Possession of gambling records in the first degree , https://www.­oregonlegislature.­gov/bills_laws/ors/ors167.­html (accessed May 26, 2025).
ORS § 165.022 — OR Code / Title 16 / Chapter 165 / Section 165.022
165.022 Criminal possession of a forged instrument in the first degree
Status: in_force

(1) A person commits the crime of criminal possession of a forged instrument in the first degree if, knowing it to be forged and with intent to utter same, the person possesses a forged instrument of the kind and in the amount specified in ORS 165.013 (Forgery in the first degree) (1).

(2) Criminal possession of a forged instrument in the first degree is a Class C felony. [1971 c.743 §155; 2005 c.761 §2]

Source: Section 165.022 — Criminal possession of a forged instrument in the first degree , https://www.­oregonlegislature.­gov/bills_laws/ors/ors165.­html (accessed May 26, 2025).
ORS § 163.215 — OR Code / Title 16 / Chapter 163 / Section 163.215
163.215 Definitions for ORS 163.215 to 163.257
Status: in_force

As used in ORS 163.215 (Definitions for ORS 163.215 to 163.257) to 163.257 (Custodial interference in the first degree) , unless the context requires otherwise:

(1) “Without consent” means that the taking or confinement is accomplished by force, threat or deception, or, in the case of a person under 16 years of age or who is otherwise incapable of giving consent, that the taking or confinement is accomplished without the consent of the lawful custodian of the person.

(2) “Lawful custodian” means a parent, guardian or other person responsible by authority of law for the care, custody or control of another.

(3) “Relative” means a parent, ancestor, brother, sister, uncle or aunt. [1971 c.743 §97]

Source: Section 163.215 — Definitions for ORS 163.215 to 163.257 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 169.350 — OR Code / Title 16 / Chapter 169 / Section 169.350
169.350 Liability for failing to serve papers
Status: in_force

When a sheriff or the officer of the sheriff, upon whom is served a paper in a judicial proceeding directed to a prisoner in the custody of the sheriff or officer, fails to forthwith deliver it to the prisoner, with a note thereon of the time of its service, the sheriff is liable to the prisoner for all damages occasioned thereby, and if the sheriff or officer willfully fails to so act, such sheriff or officer is guilty of a misdemeanor.

Source: Section 169.350 — Liability for failing to serve papers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors169.­html (accessed May 26, 2025).
ORS § 163.555 — OR Code / Title 16 / Chapter 163 / Section 163.555
163.555 Criminal nonsupport
Status: in_force

(1) A person commits the crime of criminal nonsupport if, being the parent, lawful guardian or other person lawfully charged with the support of a child under 18 years of age, born in or out of wedlock, the person knowingly fails to provide support for such child.

(2) It is no defense to a prosecution under this section that either parent has contracted a subsequent marriage, that issue has been born of a subsequent marriage, that the defendant is the parent of issue born of a prior marriage or that the child is being supported by another person or agency.

(3) It is an affirmative defense to a prosecution under this section that the defendant has a lawful excuse for failing to provide child support.

(4) If the defendant intends to rely on the affirmative defense created in subsection (3) of this section, the defendant must give the district attorney written notice of the intent to do so at least 30 days prior to trial. The notice must describe the nature of the lawful excuse upon which the defendant proposes to rely. If the defendant fails to file notice as required by this subsection, the defendant may not introduce evidence of a lawful excuse unless the court finds there was just cause for the defendant’s failure to file the notice within the required time.

(5) Criminal nonsupport is a Class C felony. [1971 c.743 §175; 1993 c.33 §308; 1999 c.954 §3; 2005 c.502 §1]

Source: Section 163.555 — Criminal nonsupport , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 169.150 — OR Code / Title 16 / Chapter 169 / Section 169.150
169.150 Payment of expenses of keeping prisoners
Status: in_force

(1) The charges and expenses for safekeeping and maintaining all persons duly committed to the local correctional facility of the county for trial, sentenced to imprisonment in the county local correctional facility, or committed for the nonpayment of any fine or for any contempt, shall, unless otherwise provided by law, be paid out of the treasury of the county. The account of the keeper shall be first allowed by the county court or board of county commissioners of the county from which the prisoner was committed.

(2) A city or, notwithstanding subsection (1) of this section or any other provision of law, the county may charge persons committed to the local correctional facility of the county or city a reasonable health care fee for any health care services, medications and equipment provided to the person while committed if the county or city:

(a) Provides necessary medical care regardless of the person’s ability to pay;

(b) Provides equal treatment to all persons committed to the local correctional facility regardless of a person’s ability to pay;

(c) Establishes a system that notifies the person of the fees and what services are covered; and

(d) Establishes a grievance system that allows a person to challenge the deduction of a fee from the person’s account. [Amended by 1973 c.740 §16; 1995 c.523 §1; 1999 c.801 §1]

Source: Section 169.150 — Payment of expenses of keeping prisoners; health care fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors169.­html (accessed May 26, 2025).
ORS § 161.585 — OR Code / Title 16 / Chapter 161 / Section 161.585
161.585 Classification of certain crimes determined by punishment
Status: in_force

(1) When a crime punishable as a felony is also punishable by imprisonment for a maximum term of one year or by a fine, the crime shall be classed as a misdemeanor if the court imposes a punishment other than imprisonment under ORS 137.124 (Commitment of defendant to Department of Corrections or county) (1).

(2) Notwithstanding the provisions of ORS 161.525 (“Felony” described) , upon conviction of a crime punishable as described in subsection (1) of this section, the crime is a felony for all purposes until one of the following events occurs, after which occurrence the crime is a misdemeanor for all purposes:

(a) Without imposing a sentence of probation, the court imposes a sentence of imprisonment other than to the legal and physical custody of the Department of Corrections.

(b) Without imposing a sentence of probation, the court imposes a fine.

(c) Upon revocation of probation, the court imposes a sentence of imprisonment other than to the legal and physical custody of the Department of Corrections.

(d) Upon revocation of probation, the court imposes a fine.

(e) The court declares the offense to be a misdemeanor, either at the time of imposing a sentence of probation, upon suspension of imposition of a part of a sentence, or on application of defendant or the parole and probation officer of the defendant thereafter.

(f) The court imposes a sentence of probation on the defendant without imposition of any other sentence upon conviction and defendant is thereafter discharged without any other sentence.

(g) Without imposing a sentence of probation and without imposing any other sentence, the court declares the offense to be a misdemeanor and discharges the defendant.

(3) The provisions of this section shall apply only to persons convicted of a felony committed prior to November 1, 1989. [1971 c.743 §73; 1987 c.320 §85; 1989 c.790 §52; 1993 c.14 §18; 2005 c.264 §15]

Source: Section 161.585 — Classification of certain crimes determined by punishment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors161.­html (accessed May 26, 2025).
ORS § 161.615 — OR Code / Title 16 / Chapter 161 / Section 161.615
161.615 Maximum terms of imprisonment for misdemeanors
Status: in_force

Sentences for misdemeanors shall be for a definite term. The court shall fix the term of imprisonment within the following maximum limitations:

(1) For a Class A misdemeanor, 364 days.

(2) For a Class B misdemeanor, 6 months.

(3) For a Class C misdemeanor, 30 days.

(4) For an unclassified misdemeanor, as provided in the statute defining the crime. [1971 c.743 §75; 2017 c.706 §22]

Source: Section 161.615 — Maximum terms of imprisonment for misdemeanors , https://www.­oregonlegislature.­gov/bills_laws/ors/ors161.­html (accessed May 26, 2025).
ORS § 167.775 — OR Code / Title 16 / Chapter 167 / Section 167.775
167.775 Local regulation of vending machines
Status: in_force

Cities and counties by ordinance or resolution may not regulate vending machines that dispense tobacco products or inhalant delivery systems and that are in any manner accessible to persons under 21 years of age. [Formerly 167.404]

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

Source: Section 167.775 — Local regulation of vending machines , https://www.­oregonlegislature.­gov/bills_laws/ors/ors167.­html (accessed May 26, 2025).
ORS § 164.170 — OR Code / Title 16 / Chapter 164 / Section 164.170
164.170 Laundering a monetary instrument
Status: in_force

(1) A person commits the crime of laundering a monetary instrument if the person:

(a) Knowing that the property involved in a financial transaction represents the proceeds of some form, though not necessarily which form, of unlawful activity, conducts or attempts to conduct a financial transaction that involves the proceeds of unlawful activity:

(A) With the intent to promote the carrying on of unlawful activity; or

(B) Knowing that the transaction is designed in whole or in part to:

(i) Conceal or disguise the nature, location, source, ownership or control of the proceeds of unlawful activity; or

(ii) Avoid a transaction reporting requirement under federal law;

(b) Transports, transmits or transfers or attempts to transport, transmit or transfer a monetary instrument or funds:

(A) With the intent to promote the carrying on of unlawful activity; or

(B) Knowing that the monetary instrument or funds involved in the transportation, transmission or transfer represent the proceeds of some form, though not necessarily which form, of unlawful activity and knowing that the transportation, transmission or transfer is designed, in whole or in part, to:

(i) Conceal or disguise the nature, location, source, ownership or control of the proceeds of unlawful activity; or

(ii) Avoid a transaction reporting requirement under federal law; or

(c) Intentionally conducts or attempts to conduct a financial transaction involving property represented to be the proceeds of unlawful activity or property used to conduct or facilitate unlawful activity to:

(A) Promote the carrying on of unlawful activity;

(B) Conceal or disguise the nature, location, source, ownership or control of property believed to be the proceeds of unlawful activity; or

(C) Avoid a transaction reporting requirement under federal law.

(2) Intentionally left blank —Ed.

(a) Laundering a monetary instrument is a Class B felony.

(b) In addition to any other sentence of imprisonment or fine that a court may impose and notwithstanding ORS 161.625 (Fines for felonies) , a court may include in the sentence of a person convicted under this section a fine in an amount equal to the value of the property, funds or monetary instruments involved in the unlawful transaction.

(3) For purposes of subsection (1)(b)(B) of this section, the state may establish the defendant’s knowledge through evidence that a peace officer, federal officer or another person acting at the direction of or with the approval of a peace officer or federal officer represented the matter specified in subsection (1)(b)(B) of this section as true and the defendant’s subsequent statements or actions indicate that the defendant believed the representations to be true.

(4) For purposes of subsection (1)(c) of this section, “represented” includes, but is not limited to, any representation made by a peace officer, federal officer or another person acting at the direction of or with the approval of a peace officer or federal officer.

(5) As used in this section:

(a) “Conducts” includes initiating, concluding or participating in the initiation or conclusion of a transaction.

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

(c) “Financial institution” has the meaning given that term in ORS 706.008 (Additional definitions for Bank Act) .

(d) “Financial transaction” means a transaction involving:

(A) The movement of funds by wire or other means;

(B) One or more monetary instruments;

(C) The transfer of title to any real property, vehicle, vessel or aircraft; or

(D) The use of a financial institution.

(e) “Monetary instrument” means:

(A) Coin or currency of the United States or of any other country, traveler’s checks, personal checks, bank checks, cashier’s checks, money orders, foreign bank drafts of any foreign country or gold, silver or platinum bullion or coins; or

(B) Investment securities or negotiable instruments, in bearer form or otherwise in such form that title passes upon delivery.

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

(g) “Transaction” includes a purchase, sale, loan, pledge, gift, transfer, delivery or other disposition and, with respect to a financial institution, includes a deposit, withdrawal, transfer between accounts, exchange of currency, loan, extension of credit, purchase or sale of any stock, bond, certificate of deposit or other monetary instrument, use of a safe deposit box or any other payment, transfer or delivery by, through or to a financial institution by whatever means.

(h) “Unlawful activity” means any act constituting a felony under state, federal or foreign law. [1999 c.878 §1]

Note: 164.170 (Laundering a monetary instrument) , 164.172 (Engaging in a financial transaction in property derived from unlawful activity) and 164.174 (Exceptions) 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 164.170 — Laundering a monetary instrument , https://www.­oregonlegislature.­gov/bills_laws/ors/ors164.­html (accessed May 26, 2025).
ORS § 169.055 — OR Code / Title 16 / Chapter 169 / Section 169.055
169.055 Contracts with Department of Corrections for county prisoners awaiting sentencing
Status: in_force

(1) The Department of Corrections may enter into contracts or arrangements with the authorities of any county in this state to provide for the reception, detention, care, maintenance and employment of county prisoners convicted of a felony in the courts of this state who are awaiting sentencing and who, in the judgment of the sentencing court, pose an unusual security risk if they were to remain incarcerated in a local correctional facility pending sentencing.

(2) Nothing in this section requires the Department of Corrections to incarcerate a county prisoner in a Department of Corrections facility.

(3) A county prisoner poses an unusual security risk under this section if the prisoner poses a level of risk of violence or escape that exceeds the security level of the county facility. The risk of violence or escape may result from or be manifested by:

(a) A history of violence against law enforcement or corrections employees;

(b) A history of escape attempts;

(c) Documented enemies in the county facility; or

(d) A charge of aggravated murder. [1997 c.369 §1]

Note: 169.055 (Contracts with Department of Corrections for county prisoners awaiting sentencing) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 169 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 169.055 — Contracts with Department of Corrections for county prisoners awaiting sentencing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors169.­html (accessed May 26, 2025).
ORS § 166.260 — OR Code / Title 16 / Chapter 166 / Section 166.260
166.260 Persons not affected by ORS 166.250
Status: in_force

(1) ORS 166.250 (Unlawful possession of firearms) does not apply to or affect:

(a) A parole and probation officer, police officer or reserve officer, as those terms are defined in ORS 181A.355 (Definitions for ORS 181A.355 to 181A.689) .

(b) A federal officer, as defined in ORS 133.005 (Definitions for ORS 133.005 to 133.400 and 133.410 to 133.450) , or a certified reserve officer or corrections officer, as those terms are defined in ORS 181A.355 (Definitions for ORS 181A.355 to 181A.689) , while the federal officer, certified reserve officer or corrections officer is acting within the scope of employment.

(c) An honorably retired law enforcement officer, unless the person who is a retired law enforcement officer 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) .

(d) Any person summoned by an officer described in paragraph (a) or (b) of this subsection to assist in making arrests or preserving the peace, while the summoned person is engaged in assisting the officer.

(e) The possession or transportation by any merchant of unloaded firearms as merchandise.

(f) Active or reserve members of:

(A) The Army, Navy, Air Force, Coast Guard or Marine Corps of the United States, or of the National Guard, when on duty;

(B) The commissioned corps of the National Oceanic and Atmospheric Administration; or

(C) The Public Health Service of the United States Department of Health and Human Services, when detailed by proper authority for duty with the Army or Navy of the United States.

(g) Organizations which are by law authorized to purchase or receive weapons described in ORS 166.250 (Unlawful possession of firearms) from the United States, or from this state.

(h) Duly authorized military or civil organizations while parading, or the members thereof when going to and from the places of meeting of their organization.

(i) A person who is licensed under ORS 166.291 (Issuance of concealed handgun license) and 166.292 (Procedure for issuing) to carry a concealed handgun.

(2) It is an affirmative defense to a charge of violating ORS 166.250 (Unlawful possession of firearms) (1)(c)(C) that the person has been granted relief from the disability under ORS 166.274 (Relief from prohibition against possessing or receiving firearm) .

(3) Except for persons who are otherwise prohibited from possessing a firearm under ORS 166.250 (Unlawful possession of firearms) (1)(c) or 166.270 (Possession of weapons by certain felons) , ORS 166.250 (Unlawful possession of firearms) does not apply to or affect:

(a) Members of any club or organization, for the purpose of practicing shooting at targets upon the established target ranges, whether public or private, while such members are using any of the firearms referred to in ORS 166.250 (Unlawful possession of firearms) upon such target ranges, or while going to and from such ranges.

(b) Licensed hunters or fishermen while engaged in hunting or fishing, or while going to or returning from a hunting or fishing expedition.

(4) The exceptions listed in subsection (1)(d) to (i) of this section constitute affirmative defenses to a charge of violating ORS 166.250 (Unlawful possession of firearms) . [Amended by 1977 c.207 §1; 1991 c.67 §36; 1993 c.735 §1; 1995 c.670 §2; 1999 c.1040 §3; 2009 c.316 §2; 2009 c.499 §4; 2012 c.106 §3; 2015 c.709 §2]

Source: Section 166.260 — Persons not affected by ORS 166.250 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html (accessed May 26, 2025).
ORS § 166.480 — OR Code / Title 16 / Chapter 166 / Section 166.480
166.480 Sale or gift of explosives to children
Status: in_force

Any person who sells, exchanges, barters or gives to any child, under the age of 14 years, any explosive article or substance, other than an ordinary firecracker containing not more than 10 grains of gunpowder or who sells, exchanges, barters or gives to any such child, any instrument or apparatus, the chief utility of which is the fact that it is used, or is ordinarily capable of being used, as an article or device to increase the force or intensity of any explosive, or to direct or control the discharge of any such explosive, is guilty of a misdemeanor. [Amended by 1989 c.839 §26]

Source: Section 166.480 — Sale or gift of explosives to children , https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html (accessed May 26, 2025).
ORS § 163.472 — OR Code / Title 16 / Chapter 163 / Section 163.472
163.472 Unlawful dissemination of an intimate image
Status: in_force

(1) A person commits the crime of unlawful dissemination of an intimate image if:

(a) The person, with the intent to harass, humiliate or injure another person, knowingly causes to be disclosed an identifiable image of the other person whose intimate parts are visible or who is engaged in sexual conduct;

(b) The person knows or reasonably should have known that the other person does not consent to the disclosure;

(c) The other person is harassed, humiliated or injured by the disclosure; and

(d) A reasonable person would be harassed, humiliated or injured by the disclosure.

(2) Intentionally left blank —Ed.

(a) Except as provided in paragraph (b) of this subsection, unlawful dissemination of an intimate image is a Class A misdemeanor.

(b) Unlawful dissemination of an intimate image is a Class C felony if the person has a prior conviction under this section at the time of the offense.

(3) As used in this section:

(a) “Disclose” includes, but is not limited to, transfer, publish, distribute, exhibit, advertise and offer.

(b) “Identifiable” means that a reasonable person would be able to recognize the individual depicted in the image as the other person.

(c) “Image” includes, but is not limited to, a photograph, film, videotape, recording, digital picture and other visual reproduction, regardless of the manner in which the image is stored.

(d) “Information content provider” has the meaning given that term in 47 U.S.C. 230(f).

(e) “Interactive computer service” has the meaning given that term in 47 U.S.C. 230(f).

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

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

(4) This section does not apply to:

(a) Activity by law enforcement agencies investigating and prosecuting criminal offenses;

(b) Legitimate medical, scientific or educational activities;

(c) Legal proceedings, when disclosure is consistent with common practice in civil proceedings or necessary for the proper functioning of the criminal justice system;

(d) The reporting of unlawful conduct to a law enforcement agency;

(e) Disclosures that serve a lawful public interest;

(f) Disclosures of images:

(A) Depicting the other person voluntarily displaying, in a public area, the other person’s intimate parts or engaging in sexual conduct; or

(B) Originally created for a commercial purpose with the consent of the other person; or

(g) The provider of an interactive computer service for an image of intimate parts provided by an information content provider. [2015 c.379 §1; 2017 c.318 §11; 2019 c.304 §1]

Note: 163.472 (Unlawful dissemination of an intimate image) 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 163.472 — Unlawful dissemination of an intimate image , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 165.555 — OR Code / Title 16 / Chapter 165 / Section 165.555
165.555 Unlawful telephone solicitation of contributions for charitable purposes
Status: in_force

(1) No person shall solicit by telephone contributions of money or any other thing of value, whether or not in exchange for a ticket or any other thing of value, for a charitable or eleemosynary purpose, whether bona fide or purported, unless the person:

(a) Has been a member in full standing for at least six months of the charitable organization conducting the solicitation and is participating in the solicitation on an uncompensated basis;

(b) Has been employed directly by the charitable organization conducting the solicitation for at least six months prior to the solicitation and is receiving a substantial salary; or

(c) And the person solicited are personally known to each other.

(2) Any violation of subsection (1) of this section is a Class C misdemeanor. [1973 c.473 §§1,4]

Source: Section 165.555 — Unlawful telephone solicitation of contributions for charitable purposes , https://www.­oregonlegislature.­gov/bills_laws/ors/ors165.­html (accessed May 26, 2025).
ORS § 161.237 — OR Code / Title 16 / Chapter 161 / Section 161.237
161.237 Use of physical force involving pressure on throat or neck by peace officer or corrections officer
Status: in_force

(1) Notwithstanding ORS 161.233 (Use of physical force by peace officer) , a peace officer or corrections officer is not justified in any circumstance in knowingly using physical force that impedes the normal breathing or circulation of the blood of another person by applying pressure on the throat or neck of the other person except in circumstances in which physical force is justified under ORS 161.209 (Use of physical force in defense of a person) and 161.215 (Limitations on use of physical force in defense of a person) .

(2) Notwithstanding ORS 161.233 (Use of physical force by peace officer) , it is not reasonable under any circumstance for a peace officer or corrections officer to knowingly use physical force that impedes the normal breathing or circulation of the blood of another person by applying pressure on the throat or neck of the other person except in circumstances in which physical force is justified under ORS 161.209 (Use of physical force in defense of a person) and 161.215 (Limitations on use of physical force in defense of a person) .

(3) As used in this section, “corrections officer” means a guard, peace officer or other official employed in a jail, prison or correctional facility, including a youth correction facility, who primarily performs the duty of custody, control or supervision of individuals charged with or convicted of a crime or otherwise confined under a court order. [2020 s.s.1 c.3 §2; 2020 s.s.2 c.3 §§1,10]

Source: Section 161.237 — Use of physical force involving pressure on throat or neck by peace officer or corrections officer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors161.­html (accessed May 26, 2025).
ORS § 163.565 — OR Code / Title 16 / Chapter 163 / Section 163.565
163.565 Evidence of parentage
Status: in_force

(1) Proof that a child was born during the time a person lived and cohabited with the child’s mother, or held the child’s mother out as that person’s spouse in a marriage, is prima facie evidence that the person is the parent of the child. This subsection does not exclude any other legal evidence tending to establish the parental relationship.

(2) No provision of law prohibiting the disclosure of confidential communications between spouses in a marriage apply to prosecutions for criminal nonsupport. A spouse is a competent and compellable witness for or against either party. [1971 c.743 §176; 2015 c.629 §30; 2017 c.651 §36]

Source: Section 163.565 — Evidence of parentage; confidentiality between spouses not applicable; spouses competent and compellable witnesses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 162.375 — OR Code / Title 16 / Chapter 162 / Section 162.375
162.375 Initiating a false report
Status: in_force

(1) A person commits the crime of initiating a false report if the person knowingly initiates a false alarm or report that is transmitted to a fire department, law enforcement agency or other organization that deals with emergencies involving danger to life or property.

(2) Initiating a false report is a Class A misdemeanor.

(3) Intentionally left blank —Ed.

(a) The court shall include in the sentence of any person convicted under this section a requirement that the person repay the costs incurred in responding to and investigating the false report.

(b) If the response to the false report involved the deployment of a law enforcement special weapons and tactics (SWAT) team or a similar law enforcement group, the court shall impose, and may not suspend, a term of incarceration of:

(A) At least 10 days.

(B) At least 30 days if the deployment resulted in death or serious physical injury to another person. [1971 c.743 §212; 2013 c.490 §1; 2015 c.751 §2; 2018 c.120 §9]

Source: Section 162.375 — Initiating a false report , https://www.­oregonlegislature.­gov/bills_laws/ors/ors162.­html (accessed May 26, 2025).
ORS § 163a.045 — OR Code / Title 16 / Chapter 163a / Section 163a.045
163A.045 Purpose of sex offender reporting obligation
Status: in_force

(1) The purpose of ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235) to 163A.235 (Agreements to resolve concerns about community notification) is to assist law enforcement agencies in preventing future sex offenses.

(2) The Department of State Police may adopt rules to carry out the responsibilities of the department under ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235) to 163A.235 (Agreements to resolve concerns about community notification) . [Formerly 181.814]

Source: Section 163A.045 — Purpose of sex offender reporting obligation; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163A.­html (accessed May 26, 2025).
ORS § 165.813 — OR Code / Title 16 / Chapter 165 / Section 165.813
165.813 Unlawful possession of fictitious identification
Status: in_force

(1) A person commits the crime of unlawful possession of fictitious identification if the person possesses a personal identification card containing identification information for a fictitious person with the intent to use the personal identification card to commit a crime.

(2) Unlawful possession of fictitious identification is a Class C felony.

(3) It is an affirmative defense to violating subsection (1) of this section that the person charged with the offense was under 21 years of age at the time of committing the offense and the person possessed the personal identification card solely for the purpose of enabling the person to purchase alcohol, tobacco products as defined in ORS 431A.175 (Definitions) or inhalant delivery systems as defined in ORS 431A.175 (Definitions) . [2003 c.632 §2; 2015 c.158 §26; 2017 c.701 §16]

Source: Section 165.813 — Unlawful possession of fictitious identification , https://www.­oregonlegislature.­gov/bills_laws/ors/ors165.­html (accessed May 26, 2025).
ORS § 163.187 — OR Code / Title 16 / Chapter 163 / Section 163.187
163.187 Strangulation
Status: in_force

"For example, strangulation is generally a misdemeanor in Oregon unless it is committed in an act of domestic violence or the victim is under 10 years of age." Bibliographic info

(1) A person commits the crime of strangulation if the person knowingly impedes the normal breathing or circulation of the blood of another person by:

(a) Applying pressure on the throat, neck or chest of the other person; or

(b) Blocking the nose or mouth of the other person.

(2) Subsection (1) of this section does not apply to legitimate medical or dental procedures or good faith practices of a religious belief.

(3) Strangulation is a Class A misdemeanor.

(4) Notwithstanding subsection (3) of this section, strangulation is a Class C felony if:

(a) The crime 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 the victim;

(b) The victim is under 10 years of age;

(c) The victim is a family or household member, as defined in ORS 135.230 (Definitions for ORS 135.230 to 135.290) , of the person;

(d) During the commission of the crime, the person used, attempted to use or threatened to use a dangerous or deadly weapon, as those terms are defined in ORS 161.015 (General definitions) , unlawfully against another;

(e) The person has been previously convicted of violating this section or ORS 163.160 (Assault in the fourth degree) , 163.165 (Assault in the third degree) , 163.175 (Assault in the second degree) , 163.185 (Assault in the first degree) 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;

(f) The person has at least three previous convictions for violating this section or ORS 163.160 (Assault in the fourth degree) , 163.165 (Assault in the third degree) , 163.175 (Assault in the second degree) , 163.185 (Assault in the first degree) or 163.190 (Menacing) or for committing an equivalent crime in another jurisdiction, in any combination; or

(g) The person commits the strangulation knowing that the victim is pregnant.

(5) For purposes of subsection (4)(a) of this section, a strangulation is witnessed if the strangulation is seen or directly perceived in any other manner by the child.

(6) The Oregon Criminal Justice Commission shall classify strangulation committed under the circumstances described in subsection (4)(c) of this section as crime category 5 of the sentencing guidelines grid of the commission. [2003 c.577 §2, 2011 c.666 §1; 2012 c.82 §1; 2015 c.639 §1; 2018 c.84 §1]

Note: 163.187 (Strangulation) 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 163.187 — Strangulation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 167.127 — OR Code / Title 16 / Chapter 167 / Section 167.127
167.127 Unlawful gambling in the first degree
Status: in_force

(1) A person commits the crime of unlawful gambling in the first degree if the person knowingly promotes or profits from unlawful gambling.

(2) Unlawful gambling in the first degree is a Class C felony. [1971 c.743 §265; 1997 c.867 §22]

Source: Section 167.127 — Unlawful gambling in the first degree , https://www.­oregonlegislature.­gov/bills_laws/ors/ors167.­html (accessed May 26, 2025).
ORS § 163.208 — OR Code / Title 16 / Chapter 163 / Section 163.208
163.208 Assaulting a public safety officer
Status: in_force

(1) A person commits the crime of assaulting a public safety officer if the person intentionally or knowingly causes physical injury to the other person, knowing the other person to be a peace officer, corrections officer, youth correction officer, parole and probation officer, animal control officer, firefighter or staff member, and while the other person is acting in the course of official duty.

(2) Assaulting a public safety officer is a Class C felony.

(3) Intentionally left blank —Ed.

(a) Except as otherwise provided in paragraph (b) of this subsection, a person convicted under this section shall be sentenced to not less than seven days of imprisonment and shall not be granted bench parole or suspension of sentence nor released on a sentence of probation before serving at least seven days of the sentence of confinement.

(b) A person convicted under this section shall be sentenced to not less than 14 days of imprisonment and shall not be granted bench parole or suspension of sentence nor released on a sentence of probation before serving at least 14 days of the sentence of confinement if the victim is a peace officer.

(4) As used in this section:

(a) “Animal control officer” has the meaning given that term in ORS 609.500 (Definitions for ORS 609.500 to 609.520 and 609.994) ; and

(b) “Staff member” means:

(A) A corrections officer as defined in ORS 181A.355 (Definitions for ORS 181A.355 to 181A.689) , a youth correction officer, a Department of Corrections or Oregon Youth Authority staff member or a person employed pursuant to a contract with the department or youth authority to work with, or in the vicinity of, adults in custody or adjudicated youths; and

(B) A volunteer authorized by the department, youth authority or other entity in charge of a corrections facility to work with, or in the vicinity of, adults in custody or adjudicated youths. [1981 c.783 §2; 1993 c.14 §21; 1993 c.358 §1; 1995 c.651 §4; 1999 c.1040 §14; 2001 c.104 §51; 2001 c.828 §1; 2003 c.327 §1; 2019 c.213 §120; 2021 c.489 §12]

Source: Section 163.208 — Assaulting a public safety officer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 165.072 — OR Code / Title 16 / Chapter 165 / Section 165.072
165.072 Definitions for ORS 165.072 and 165.074
Status: in_force

As used in this section and ORS 165.074 (Unlawful factoring of payment card transaction) , unless the context requires otherwise:

(1) “Cardholder” means a person to whom a payment card is issued or a person who is authorized to use the payment card.

(2) “Credit card” means a card, plate, booklet, credit card number, credit card account number or other identifying symbol, instrument or device that can be used to pay for, or to obtain on credit, goods or services.

(3) “Financial institution” means a financial institution as that term is defined in ORS 706.008 (Additional definitions for Bank Act) .

(4) “Merchant” means:

(a) An owner or operator of a retail mercantile establishment;

(b) An agent, employee, lessee, consignee, franchisee, officer, director or independent contractor of an owner or operator of a retail mercantile establishment; and

(c) A person who receives what the person believes to be a payment card or information from a payment card from a cardholder as the instrument for obtaining something of value from the person.

(5) “Payment card” means a credit card, charge card, debit card, stored value card or any card that is issued to a person and allows the user to obtain something of value from a merchant.

(6) “Payment card transaction” means a sale or other transaction or act in which a payment card is used to pay for, or to obtain on credit, goods or services.

(7) “Payment card transaction record” means any record or evidence of a payment card transaction, including, without limitation, any paper, sales draft, instrument or other writing and any electronic or magnetic transmission or record.

(8) “Person” does not include a financial institution or its authorized employee, representative or agent.

(9) “Previous conviction” has the meaning given that term in ORS 137.712 (Exceptions to ORS 137.700 and 137.707) .

(10) “Reencoder” means an electronic device that places encoded information from one payment card onto another payment card.

(11) “Scanning device” means an electronic device that is used to access, read, scan, obtain, memorize or store, temporarily or permanently, information encoded on a payment card. [1991 c.398 §1; 1997 c.631 §419; 2003 c.383 §1]

Source: Section 165.072 — Definitions for ORS 165.072 and 165.074 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors165.­html (accessed May 26, 2025).
ORS § 167.007 — OR Code / Title 16 / Chapter 167 / Section 167.007
167.007 Prostitution
Status: in_force

(1) A person commits the crime of prostitution if the person engages in, or offers or agrees to engage in, sexual conduct or sexual contact in return for a fee.

(2) Prostitution is a Class A misdemeanor.

(3) It is an affirmative defense to prosecution under this section that the defendant, at the time of the alleged offense, was a victim of the crime of trafficking in persons as described in ORS 163.266 (Trafficking in persons) (1)(b) or (c). [1971 c.743 §250; 1973 c.52 §1; 1973 c.699 §6; 2011 c.151 §1; 2017 c.246 §1]

Source: Section 167.007 — Prostitution , https://www.­oregonlegislature.­gov/bills_laws/ors/ors167.­html (accessed May 26, 2025).
ORS § 163.432 — OR Code / Title 16 / Chapter 163 / Section 163.432
163.432 Online sexual corruption of a child in the second degree
Status: in_force

(1) A person commits the crime of online sexual corruption of a child in the second degree if the person is 18 years of age or older and:

(a) For the purpose of arousing or gratifying the sexual desire of the person or another person, knowingly uses an online communication to solicit a child to engage in sexual contact or sexually explicit conduct; and

(b) Offers or agrees to physically meet with the child.

(2) Online sexual corruption of a child in the second degree is a Class C felony. [2007 c.876 §2]

Note: See note under 163.431 (Definitions for ORS 163.431 to 163.434) .

Source: Section 163.432 — Online sexual corruption of a child in the second degree , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 164.885 — OR Code / Title 16 / Chapter 164 / Section 164.885
164.885 Endangering aircraft
Status: in_force

(1) A person commits the crime of endangering aircraft in the first degree if the person knowingly:

(a) Throws an object at, or drops an object upon, an aircraft;

(b) Discharges a bow and arrow, gun, airgun or firearm at or toward an aircraft;

(c) Tampers with an aircraft or a part, system, machine or substance used to operate an aircraft in such a manner as to impair the safety, efficiency or operation of an aircraft without the consent of the owner, operator or possessor of the aircraft; or

(d) Places, sets, arms or causes to be discharged a spring gun, trap, explosive device or explosive material with the intent of damaging, destroying or discouraging the operation of an aircraft.

(2) Intentionally left blank —Ed.

(a) Except as provided in paragraph (b) of this subsection, a person commits the crime of endangering aircraft in the second degree if the person knowingly possesses a firearm or deadly weapon in a restricted access area of a commercial service airport that has at least 2 million passenger boardings per calendar year.

(b) Paragraph (a) of this subsection does not apply to a person authorized under federal law or an airport security program to possess a firearm or deadly weapon in a restricted access area.

(3) Intentionally left blank —Ed.

(a) Endangering aircraft in the first degree is a Class C felony.

(b) Endangering aircraft in the second degree is a Class A misdemeanor.

(4) As used in this section:

(a) “Aircraft” does not include an unmanned aircraft system as defined in ORS 837.300 (Definitions) .

(b) “Restricted access area” means an area of a commercial service airport that is:

(A) Designated as restricted in the airport security program approved by the federal Transportation Security Administration; and

(B) Marked at points of entry with signs giving notice that access to the area is restricted. [1981 c.901 §1; 2009 c.299 §1; 2016 c.72 §3]

Note: 164.885 (Endangering aircraft) 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 164.885 — Endangering aircraft , https://www.­oregonlegislature.­gov/bills_laws/ors/ors164.­html (accessed May 26, 2025).
ORS § 167.750 — OR Code / Title 16 / Chapter 167 / Section 167.750
167.750 Definition for ORS 167.755 and 431A.175
Status: in_force

For purposes of ORS 167.755 (Selling tobacco products or inhalant delivery systems to person under 21 years of age) and 431A.175 (Definitions) , “allows to be sold” includes the negligent omission of an act by a manager or other person who supervises the retail sale of tobacco products or inhalant delivery systems, the commission of which would have prevented the distribution or sale of the tobacco products or inhalant delivery system. [2017 c.701 §5]

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

Source: Section 167.750 — Definition for ORS 167.755 and 431A.175 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors167.­html (accessed May 26, 2025).
ORS § 161.655 — OR Code / Title 16 / Chapter 161 / Section 161.655
161.655 Fines for corporations
Status: in_force

(1) A sentence to pay a fine when imposed on a corporation for an offense defined in the Oregon Criminal Code or for an offense defined outside this code for which no special corporate fine is specified, shall be a sentence to pay an amount, fixed by the court, not exceeding:

(a) $50,000 when the conviction is of a felony.

(b) $5,000 when the conviction is of a Class A misdemeanor or of an unclassified misdemeanor for which a term of imprisonment of more than six months is authorized.

(c) $2,500 when the conviction is of a Class B misdemeanor or of an unclassified misdemeanor for which the authorized term of imprisonment is not more than six months.

(d) $1,000 when the conviction is of a Class C misdemeanor or an unclassified misdemeanor for which the authorized term of imprisonment is not more than 30 days.

(2) A sentence to pay a fine, when imposed on a corporation for an offense defined outside the Oregon Criminal Code, if a special fine for a corporation is provided in the statute defining the offense, shall be a sentence to pay an amount, fixed by the court, as provided in the statute defining the offense.

(3) If a corporation has gained money or property through the commission of an offense, then upon conviction thereof the court, in lieu of imposing the fine authorized for the offense under subsection (1) or (2) of this section, may sentence the corporation to pay an amount, fixed by the court, not exceeding double the amount of the corporation’s gain from the commission of the offense. In that event, ORS 161.625 (Fines for felonies) (4) and (5) apply. [1971 c.743 §79; 1999 c.1051 §45]

Source: Section 161.655 — Fines for corporations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors161.­html (accessed May 26, 2025).
ORS § 165.667 — OR Code / Title 16 / Chapter 165 / Section 165.667
165.667 Order by court
Status: in_force

(1) Upon application made under ORS 133.545 (Issuance of search warrant) , the court shall enter an ex parte order authorizing the installation and use of a pen register or a trap and trace device if the court finds that there is probable cause to believe that:

(a) An individual is committing, has committed or is about to commit:

(A) A particular felony of murder, kidnapping, arson, robbery, bribery, extortion or other crime dangerous to life and punishable as a felony;

(B) A crime punishable as a felony under ORS 475.752 (Prohibited acts generally) , 475.806 (Unlawful manufacture of hydrocodone) to 475.894 (Unlawful possession of methamphetamine) or 475.906 (Penalties for unlawful delivery to minors) ;

(C) A crime under ORS 166.720 (Racketeering activity unlawful) that includes as part of the pattern of racketeering activity at least one incident of conduct that constitutes a felony; or

(D) Any conspiracy to commit a crime described in subparagraphs (A) to (C) of this paragraph; and

(b) Use of a pen register or trap and trace device will yield evidence relevant to the crime.

(2) The order shall:

(a) Specify the identity, if known, of the person to whom is leased or in whose name is listed the telephone line to which the pen register or trap and trace device is to be attached;

(b) Specify the identity, if known, of the person who is the subject of the criminal investigation;

(c) Specify the number and, if known, physical location of the telephone number to which the pen register or trap and trace device is to be attached and, in the case of a trap and trace device, the geographic limits of the trap and trace order;

(d) Contain a statement of the offense to which the information likely to be obtained by the pen register or trap and trace device relates;

(e) Direct, upon the request of the applicant, the furnishing of information, facilities and technical assistance necessary to accomplish the installation of the pen register or trap and trace device;

(f) Authorize the installation and use of a pen register or a trap and trace device for a period not to exceed 30 days, which may be extended by application and order for a period not to exceed an additional 30 days;

(g) Direct that the order and application be sealed until otherwise ordered by the court; and

(h) Direct the person owning or leasing the line to which the pen register or the trap and trace device is attached, or who has been ordered by the court to provide assistance to the applicant, not to disclose the existence of the pen register or trap and trace device or the existence of the investigation to the listed subscriber or to any other person, unless or until otherwise ordered by the court. [1989 c.983 §19; 2003 c.451 §2; 2005 c.708 §50]

Source: Section 165.667 — Order by court; findings; contents of order , https://www.­oregonlegislature.­gov/bills_laws/ors/ors165.­html (accessed May 26, 2025).
ORS § 166.172 — OR Code / Title 16 / Chapter 166 / Section 166.172
166.172 Authority of city to regulate discharge of firearms
Status: in_force

(1) A city may adopt ordinances to regulate, restrict or prohibit the discharge of firearms within the city’s boundaries.

(2) Ordinances adopted under subsection (1) of this section may not apply to or affect:

(a) A person discharging a firearm in the lawful defense of person or property.

(b) A person discharging a firearm on a public or private shooting range, shooting gallery or other area designed and built for the purpose of target shooting.

(c) An employee of the United States Department of Agriculture, acting within the scope of employment, discharging a firearm in the course of the lawful taking of wildlife. [1995 s.s. c.1 §3; 2009 c.556 §2]

Source: Section 166.172 — Authority of city to regulate discharge of firearms , https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html (accessed May 26, 2025).
ORS § 163.385 — OR Code / Title 16 / Chapter 163 / Section 163.385
163.385 Sodomy in the third degree
Status: in_force

(1) A person commits the crime of sodomy in the third degree if the person engages in oral or anal sexual intercourse with another person under 16 years of age or causes that person to engage in oral or anal sexual intercourse.

(2) Sodomy in the third degree is a Class C felony. [1971 c.743 §112; 2017 c.318 §3]

Source: Section 163.385 — Sodomy in the third degree , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 162.085 — OR Code / Title 16 / Chapter 162 / Section 162.085
162.085 Unsworn falsification
Status: in_force

(1) A person commits the crime of unsworn falsification if the person knowingly makes any false written statement to a public servant in connection with an application for any benefit.

(2) Unsworn falsification is a Class B misdemeanor. [1971 c.743 §185]

Source: Section 162.085 — Unsworn falsification , https://www.­oregonlegislature.­gov/bills_laws/ors/ors162.­html (accessed May 26, 2025).
ORS § 166.395 — OR Code / Title 16 / Chapter 166 / Section 166.395
166.395 Securing firearms
Status: in_force

(1) Intentionally left blank —Ed.

(a) An owner or possessor of a firearm shall, at all times that the firearm is not carried by or under the control of the owner, possessor or authorized person, secure the firearm:

(A) With an engaged trigger or cable lock;

(B) In a locked container; or

(C) In a gun room.

(b) For purposes of paragraph (a) of this subsection, a firearm is not secured if:

(A) A key or combination to the trigger or cable lock or the container is readily available to a person the owner or possessor has not authorized to carry or control the firearm.

(B) The firearm is a handgun, is left unattended in a vehicle and is within view of persons outside the vehicle.

(2) Intentionally left blank —Ed.

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

(b) Notwithstanding paragraph (a) of this subsection, a violation of subsection (1) of this section is a Class A violation if a minor obtains an unsecured firearm as a result of the violation and the owner or possessor of the firearm knew or should have known that a minor could gain unauthorized access to the unsecured firearm.

(c) Each firearm owned or possessed in violation of subsection (1) of this section constitutes a separate violation.

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

(4) Subsection (3) of this section does not apply if:

(a) The injury results from a lawful act of self-defense or defense of another person; or

(b) The unsecured firearm was obtained by a person as a result of the person entering or remaining unlawfully in a dwelling, as those terms are defined in ORS 164.205 (Definitions for ORS 164.205 to 164.270) .

(5) This section does not apply to a police officer as defined in ORS 181A.355 (Definitions for ORS 181A.355 to 181A.689) , with respect to a particular firearm, if storage of the firearm is covered by a policy of the law enforcement agency employing the police officer and the firearm is stored in compliance with the policy. [2021 c.146 §3]

Source: Section 166.395 — Securing firearms; penalties; civil liability , https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html (accessed May 26, 2025).
ORS § 166.165 — OR Code / Title 16 / Chapter 166 / Section 166.165
166.165 Bias crime in the first degree
Status: in_force

(1) A person commits a bias crime in the first degree if the person:

(a) Intentionally, knowingly or recklessly causes physical injury to another person because of the person’s perception of the other person’s race, color, religion, gender identity, sexual orientation, disability or national origin;

(b) With criminal negligence causes physical injury to another person by means of a deadly weapon because of the person’s perception of the other person’s race, color, religion, gender identity, sexual orientation, disability or national origin; or

(c) Intentionally, because of the person’s perception of another person’s race, color, religion, gender identity, sexual orientation, disability or national origin, places another person in fear of imminent serious physical injury.

(2) A bias crime in the first degree is a Class C felony. [1981 c.785 §2; 1983 c.521 §2; 1989 c.1029 §2; 1993 c.332 §1; 1995 c.79 §53; 1997 c.249 §50; 2007 c.100 §19; 2011 c.421 §2; 2019 c.553 §2]

Source: Section 166.165 — Bias crime in the first degree , https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html (accessed May 26, 2025).
ORS § 169.085 — OR Code / Title 16 / Chapter 169 / Section 169.085
169.085 Submission of construction or renovation plans to Department of Corrections
Status: in_force

All plans of new construction or major renovation of local correctional facilities, lockups and juvenile detention facilities shall be submitted to the Department of Corrections for review and advisory recommendations to assist local governmental agencies to provide a safe and secure facility. The recommendations of the Department of Corrections shall be advisory and not binding upon the local governmental agency with the exception of those standards established in ORS 169.076 (Standards for local correctional facilities) to 169.078 (Standards for temporary hold facilities) , 169.740 (Standards for juvenile detention facilities) and 419A.059 (Designation of detention and shelter facilities) . The Department of Corrections must notify the respective local governmental agency 45 days after submission of the plans of its recommendations on the proposed construction or major renovation of the local correctional facility. [1973 c.740 §5; 1979 c.487 §4; 1987 c.320 §96; 1993 c.33 §312; 2019 c.382 §21]

Source: Section 169.085 — Submission of construction or renovation plans to Department of Corrections; recommendations by department , https://www.­oregonlegislature.­gov/bills_laws/ors/ors169.­html (accessed May 26, 2025).
ORS § 166.076 — OR Code / Title 16 / Chapter 166 / Section 166.076
166.076 Abuse of a memorial to the dead
Status: in_force

(1) A person commits the crime of abuse of a memorial to the dead if the person:

(a) Intentionally destroys, mutilates, defaces, injures or removes any:

(A) Tomb, monument, gravestone or other structure or thing placed as or designed for a memorial to the dead; or

(B) Fence, railing, curb or other thing intended for the protection or for the ornamentation of any structure or thing listed in subparagraph (A) of this paragraph;

(b) Intentionally destroys, mutilates, removes, cuts, breaks or injures any tree, shrub or plant within any structure listed in paragraph (a) of this subsection; or

(c) Buys, sells or transports any object listed in paragraph (a) of this subsection that was stolen from a historic cemetery knowing that the object is stolen.

(2) Abuse of a memorial to the dead is a Class A misdemeanor.

(3) Intentionally left blank —Ed.

(a) Notwithstanding ORS 161.635 (Fines for misdemeanors) , the maximum fine that a court may impose for abuse of a memorial to the dead is $50,000 if:

(A) The person violates subsection (1)(a) of this section and the object destroyed, mutilated, defaced, injured or removed is or was located in a historic cemetery; or

(B) The person violates subsection (1)(c) of this section.

(b) In addition to any other sentence a court may impose, if a defendant is convicted of violating this section under the circumstances described in paragraph (a)(A) of this subsection, the court shall consider ordering the defendant to pay restitution. The court shall base the amount of restitution on the historical value of the object destroyed, mutilated, defaced, injured or removed.

(4) This section does not apply to a person who is the burial right owner or that person’s representative, an heir at law of the deceased, or a person having care, custody or control of a cemetery by virtue of law, contract or other legal right, if the person is acting within the scope of the person’s legal capacity and the person’s actions have the effect of maintaining, protecting or improving the tomb, monument, gravestone or other structure or thing placed as or designed for a memorial to the dead.

(5) As used in this section, “historic cemetery” means a cemetery that is listed with the Oregon Commission on Historic Cemeteries under ORS 97.782 (Listing of historic cemeteries) . [1995 c.261 §1; 1999 c.731 §12; 2003 c.291 §1; 2005 c.22 §113]

Note: 166.076 (Abuse of a memorial to the dead) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 166 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 166.076 — Abuse of a memorial to the dead , https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html (accessed May 26, 2025).
ORS § 163a.055 — OR Code / Title 16 / Chapter 163a / Section 163a.055
163A.055 Notice required when offender moves to another state
Status: in_force

When the Department of State Police learns that a person required to report under ORS 163A.010 (Reporting by sex offender discharged, paroled or released from correctional facility or another United States jurisdiction) , 163A.015 (Reporting by sex offender discharged, released or placed on probation by court or another United States jurisdiction) , 163A.020 (Reporting by sex offender upon moving into state) or 163A.025 (Reporting by sex offender adjudicated in juvenile court) is moving to another state, the department shall notify the appropriate criminal justice agency of that state of that fact. The department is not responsible for registering and tracking a person once the person has moved from this state. [Formerly 181.816]

Source: Section 163A.055 — Notice required when offender moves to another state , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163A.­html (accessed May 26, 2025).
ORS § 163.687 — OR Code / Title 16 / Chapter 163 / Section 163.687
163.687 Encouraging child sexual abuse in the third degree
Status: in_force

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

(a)(A)(i) Knowingly possesses or controls, or knowingly accesses with the intent to view, a visual recording of sexually explicit conduct involving a child for the purpose of arousing or satisfying the sexual desires of the person or another person; or

(ii) Knowingly pays, exchanges or gives anything of value to obtain or view a visual recording of sexually explicit conduct involving a child for the purpose of arousing or satisfying the sexual desires of the person or another person; and

(B) Knows or fails to be aware of a substantial and unjustifiable risk that the creation of the visual recording of sexually explicit conduct involved child abuse; or

(b) Intentionally left blank —Ed.

(A) Knowingly pays, exchanges or gives anything of value to observe sexually explicit conduct by a child or knowingly observes, for the purpose of arousing or gratifying the sexual desire of the person, sexually explicit conduct by a child; and

(B) Knows or fails to be aware of a substantial and unjustifiable risk that the conduct constitutes child abuse.

(2) Encouraging child sexual abuse in the third degree is a Class A misdemeanor. [1995 c.768 §3a; 2011 c.515 §5]

Source: Section 163.687 — Encouraging child sexual abuse in the third degree , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).
ORS § 167.349 — OR Code / Title 16 / Chapter 167 / Section 167.349
167.349 Encouraging animal abuse
Status: in_force

(1) A person commits the crime of encouraging animal abuse if the person:

(a) Obtains a previously abused, neglected or abandoned animal from an animal care agency under ORS 167.348 (Placement of forfeited animal) or the court under ORS 167.350 (Forfeiture of rights in mistreated animal) ; and

(b) Knowingly allows the person from whom the animal was forfeited to possess the animal.

(2) Encouraging animal abuse is a Class C misdemeanor. [2009 c.273 §3]

Source: Section 167.349 — Encouraging animal abuse , https://www.­oregonlegislature.­gov/bills_laws/ors/ors167.­html (accessed May 26, 2025).
ORS § 167.012 — OR Code / Title 16 / Chapter 167 / Section 167.012
167.012 Promoting prostitution
Status: in_force

(1) A person commits the crime of promoting prostitution if, with intent to promote prostitution, the person knowingly:

(a) Owns, controls, manages, supervises or otherwise maintains a place of prostitution or a prostitution enterprise;

(b) Induces or causes a person to engage in prostitution or to remain in a place of prostitution;

(c) Receives or agrees to receive money, goods, property, services or something else of value, other than as a prostitute being compensated for personally rendered prostitution services, pursuant to an agreement or understanding that the money, goods, property, services or something else of value is derived from a prostitution activity; or

(d) Engages in any conduct that institutes, aids or facilitates an act or enterprise of prostitution.

(2) Promoting prostitution is a Class C felony. [1971 c.743 §251; 2016 c.10 §1]

Source: Section 167.012 — Promoting prostitution , https://www.­oregonlegislature.­gov/bills_laws/ors/ors167.­html (accessed May 26, 2025).
ORS § 169.730 — OR Code / Title 16 / Chapter 169 / Section 169.730
169.730 Definitions for ORS 169.740 to 169.760
Status: in_force

As used in ORS 169.740 (Standards for juvenile detention facilities) to 169.760 (Juvenile detention facilities to establish written policy) :

(1) “Isolation” means confinement of a juvenile in any room which lacks toilet facilities, furniture, reading and recreation materials or access to light and air comparable to that in other rooms used for the detention of juveniles.

(2) “Roomlock” means confinement of a juvenile in any sleeping room, other than an isolation room, except during regular sleeping periods; except that, in the case of facilities serving counties with a population less than 70,000, based on the 1980 census, “roomlock” does not include confining a juvenile in a sleeping room when all detained juveniles of the same sex are similarly confined due solely to the limitations of physical facilities or staff. [1981 c.869 §1a]

Source: Section 169.730 — Definitions for ORS 169.740 to 169.760 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors169.­html (accessed May 26, 2025).
ORS § 163.686 — OR Code / Title 16 / Chapter 163 / Section 163.686
163.686 Encouraging child sexual abuse in the second degree
Status: in_force

(1) A person commits the crime of encouraging child sexual abuse in the second degree if the person:

(a)(A)(i) Knowingly possesses or controls, or knowingly accesses with the intent to view, a visual recording of sexually explicit conduct involving a child for the purpose of arousing or satisfying the sexual desires of the person or another person; or

(ii) Knowingly pays, exchanges or gives anything of value to obtain or view a visual recording of sexually explicit conduct involving a child for the purpose of arousing or satisfying the sexual desires of the person or another person; and

(B) Knows or is aware of and consciously disregards the fact that creation of the visual recording of sexually explicit conduct involved child abuse; or

(b) Intentionally left blank —Ed.

(A) Knowingly pays, exchanges or gives anything of value to observe sexually explicit conduct by a child or knowingly observes, for the purpose of arousing or gratifying the sexual desire of the person, sexually explicit conduct by a child; and

(B) Knows or is aware of and consciously disregards the fact that the conduct constitutes child abuse.

(2) Encouraging child sexual abuse in the second degree is a Class C felony. [1995 c.768 §3; 2011 c.515 §4]

Source: Section 163.686 — Encouraging child sexual abuse in the second degree , https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).