O.R.S. T. 16, Ch. 161, Refs & Annos

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. T. 16, Ch. 161, Refs & Annos

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions

Principles

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.005

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Principles (Refs & Annos)

161.005. Short title

ORS 161.005 to 161.055, 161.085 to 161.125, 161.150 to 161.175, 161.190 to 161.275, 161.290 to 161.370, 161.405 to 161.485, 161.505 to 161.585, 161.605, 161.615 to 161.685, 161.705 to 161.737, 162.005, 162.015 to 162.035, 162.055 to 162.115, 162.135 to 162.205, 162.225 to 162.375, 162.405 to 162.425, 162.465, 163.005, 163.115, 163.125 to 163.145, 163.149, 163.160 to 163.208, 163.196, 163.215 to 163.257, 163.261, 163.263, 163.264, 163.266, 163.275, 163.285, 163.305 to 163.467, 163.432, 163.433, 163.505 to 163.575, 163.665 to 163.693, 164.005, 164.015 to 164.135, 164.138, 164.140, 164.205 to 164.270, 164.305 to 164.377, 164.395 to 164.415, 164.805, 164.857, 164.886, 165.002 to 165.102, 165.109, 165.118, 165.805, 166.005 to 166.095, 166.350, 166.382, 166.384, 166.660, 167.002 to 167.027, 167.057, 167.060 to 167.100, 167.117, 167.122 to 167.162, 167.203 to 167.252, 167.310 to 167.340 and 167.350, 167.810 and 167.820 shall be known and may be cited as Oregon Criminal Code of 1971.

CREDIT(S)

Laws 1971, c. 743, § 1; Laws 1979, c. 476, § 1; Laws 1983, c. 740, § 25; Laws 1983, c. 792, § 1; Laws 1985, c. 366, § 2; Laws 1985, c. 557, § 9; Laws 1985, c. 662, § 10; Laws 1985, c. 755, § 1; Laws 1989, c. 982, § 3; Laws 1989, c. 1003, § 5; Laws 2003, c. 383, § 3; Laws 2007, c. 475, § 4, eff. Jan. 1, 2008; Laws 2007, c. 684, § 2, eff. Jan. 1, 2008; Laws 2007, c. 811, § 6, eff. July 17, 2007; Laws 2007, c. 867, § 16, eff. Jan. 1, 2008; Laws 2007, c. 869, § 5, eff. Jan. 1, 2008; Laws 2007, c. 876, § 5, eff. Jan. 1, 2008; Laws 2009, c. 783, § 6, eff. Jan. 1, 2010; Laws 2009, c. 811, § 15, eff. Jan. 1, 2010; Laws 2011, c. 681, § 5, eff. Aug. 2, 2011.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.010

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Principles (Refs & Annos)

161.010. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.015

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Principles (Refs & Annos)

161.015. Definitions

As used in chapter 743, Oregon Laws 1971, and ORS 166.635, unless the context requires otherwise:

(1) “Dangerous weapon” means any weapon, device, instrument, material or substance which under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing death or serious physical injury.

(2) “Deadly weapon” means any instrument, article or substance specifically designed for and presently capable of causing death or serious physical injury.

(3) “Deadly physical force” means physical force that under the circumstances in which it is used is readily capable of causing death or serious physical injury.

(4) “Peace officer” means:

(a) A member of the Oregon State Police;

(b) A sheriff, constable, marshal, municipal police officer or reserve officer as defined in ORS 133.005, or a police officer commissioned by a university under ORS 352.383;

(c) An investigator of the Criminal Justice Division of the Department of Justice or investigator of a district attorney's office;

(d) A humane special agent as defined in section 2, chapter 67, Oregon Laws 2012;

(e) A liquor enforcement inspector exercising authority described in ORS 471.775 (2); and

(f) An authorized tribal police officer as defined in section 1, chapter 644, Oregon Laws 2011; and

(g) Any other person designated by law as a peace officer.

(5) “Person” means a human being and, where appropriate, a public or private corporation, an unincorporated association, a partnership, a government or a governmental instrumentality.

(6) “Physical force” includes, but is not limited to, the use of an electrical stun gun, tear gas or mace.

(7) “Physical injury” means impairment of physical condition or substantial pain.

(8) “Serious physical injury” means physical injury which creates a substantial risk of death or which causes serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ.

(9) “Possess” means to have physical possession or otherwise to exercise dominion or control over property.

(10) “Public place” means a place to which the general public has access and includes, but is not limited to, hallways, lobbies and other parts of apartment houses and hotels not constituting rooms or apartments designed for actual residence, and highways, streets, schools, places of amusement, parks, playgrounds and premises used in connection with public passenger transportation.

CREDIT(S)

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.015

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Principles (Refs & Annos)

161.015. Definitions

As used in chapter 743, Oregon Laws 1971, and ORS 166.635, unless the context requires otherwise:

(2) “Deadly weapon” means any instrument, article or substance specifically designed for and presently capable of causing death or serious physical injury.

(3) “Deadly physical force” means physical force that under the circumstances in which it is used is readily capable of causing death or serious physical injury.

(4) “Peace officer” means:

(a) A member of the Oregon State Police;

(b) A sheriff, constable, marshal, municipal police officer or reserve officer as defined in ORS 133.005, or a police officer commissioned by a university under ORS 352.383 or section 1 of this 2013 Act;

(c) An investigator of the Criminal Justice Division of the Department of Justice or investigator of a district attorney's office;

(d) A humane special agent as defined in section 2, chapter 67, Oregon Laws 2012;

(e) A liquor enforcement inspector exercising authority described in ORS 471.775 (2);

(f) An authorized tribal police officer as defined in section 1, chapter 644, Oregon Laws 2011; and

(g) Any other person designated by law as a peace officer.

(5) “Person” means a human being and, where appropriate, a public or private corporation, an unincorporated association, a partnership, a government or a governmental instrumentality.

(6) “Physical force” includes, but is not limited to, the use of an electrical stun gun, tear gas or mace.

(7) “Physical injury” means impairment of physical condition or substantial pain.

(9) “Possess” means to have physical possession or otherwise to exercise dominion or control over property.

CREDIT(S)

Laws 1971, c. 743, § 3; Laws 1973, c. 139, § 1; Laws 1979, c. 656, § 3; Laws 1991, c. 67, § 33; Laws 1993, c. 625, § 4; Laws 1995, c. 651, § 5; Laws 2011, c. 644, § 23, eff. July 22, 2011; Laws 2011, c. 506, § 22, eff. June 23, 2011, operative Jan. 1, 2012; Laws 2011, c. 641, § 2, eff. Jan. 1, 2012; Laws 2012, c. 54, § 16, eff. March 16, 2012; Laws 2012, c. 67, § 9, eff. March 27, 2012; Laws 2013, c. 180, § 23, eff. May 16, 2013, operative Jan. 1, 2014.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.015

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Principles (Refs & Annos)

161.015. Definitions

As used in chapter 743, Oregon Laws 1971, and ORS 166.635, unless the context requires otherwise:

(2) “Deadly weapon” means any instrument, article or substance specifically designed for and presently capable of causing death or serious physical injury.

(3) “Deadly physical force” means physical force that under the circumstances in which it is used is readily capable of causing death or serious physical injury.

(4) “Peace officer” means:

(a) A member of the Oregon State Police;

(c) An investigator of the Criminal Justice Division of the Department of Justice or investigator of a district attorney's office;

(d) A humane special agent as defined in section 2, chapter 67, Oregon Laws 2012;

(e) A liquor enforcement inspector exercising authority described in ORS 471.775 (2); and

(f) Any other person designated by law as a peace officer.

(5) “Person” means a human being and, where appropriate, a public or private corporation, an unincorporated association, a partnership, a government or a governmental instrumentality.

(6) “Physical force” includes, but is not limited to, the use of an electrical stun gun, tear gas or mace.

(7) “Physical injury” means impairment of physical condition or substantial pain.

(9) “Possess” means to have physical possession or otherwise to exercise dominion or control over property.

CREDIT(S)

Laws 1971, c. 743, § 3; Laws 1973, c. 139, § 1; Laws 1979, c. 656, § 3; Laws 1991, c. 67, § 33; Laws 1993, c. 625, § 4; Laws 1995, c. 651, § 5; Laws 2011, c. 644, § 23, eff. July 22, 2011; Laws 2011, c. 506, § 22, eff. June 23, 2011, operative Jan. 1, 2012; Laws 2011, c. 641, § 2, eff. Jan. 1, 2012; Laws 2011, c. 644, § 46, eff. July 22, 2011, operative July 1, 2015; Laws 2012, c. 54, § 17, eff. March 16, 2012, operative July 1, 2015; Laws 2012, c. 67, § 10, eff. March 27, 2012, operative July 1, 2015; Laws 2013, c. 180, § 24, eff. May 16, 2013, operative July 1, 2015.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.020

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Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Principles (Refs & Annos)

161.020. Amended by Laws 1967, c. 372, § 9; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.025

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Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Principles (Refs & Annos)

161.025. Purposes; construction

(1) The general purposes of chapter 743, Oregon Laws 1971, are:

(a) To insure the public safety by preventing the commission of offenses through the deterrent influence of the sentences authorized, the correction and rehabilitation of those convicted, and their confinement when required in the interests of public protection.

(b) To forbid and prevent conduct that unjustifiably and inexcusably inflicts or threatens substantial harm to individual or public interests.

(c) To give fair warning of the nature of the conduct declared to constitute an offense and of the sentences authorized upon conviction.

(d) To define the act or omission and the accompanying mental state that constitute each offense and limit the condemnation of conduct as criminal when it is without fault.

(e) To differentiate on reasonable grounds between serious and minor offenses.

(f) To prescribe penalties which are proportionate to the seriousness of offenses and which permit recognition of differences in rehabilitation possibilities among individual offenders.

(g) To safeguard offenders against excessive, disproportionate or arbitrary punishment.

(2) The rule that a penal statute is to be strictly construed shall not apply to chapter 743, Oregon Laws 1971, or any of its provisions. Chapter 743, Oregon Laws 1971, shall be construed according to the fair import of its terms, to promote justice and to effect the purposes stated in subsection (1) of this section.

CREDIT(S)

Laws 1971, c. 743, § 2.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.030

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Principles (Refs & Annos)

161.030. Amended by Laws 1955, c. 660, § 20; Laws 1967, c. 372, § 10; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.035

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Principles (Refs & Annos)

161.035. Application

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

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

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

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

CREDIT(S)

Laws 1971, c. 743, § 5.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.040

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Principles (Refs & Annos)

161.040. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.045

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Principles (Refs & Annos)

161.045. Limits on application

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

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

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

(4) No conviction of a person for an offense works a forfeiture of the property of the person, except in cases where a forfeiture is expressly provided by law.

CREDIT(S)

Laws 1971, c. 743, § 6.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.050

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Principles (Refs & Annos)

161.050. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.055

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Principles (Refs & Annos)

161.055. Defenses; burden of proof

(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.

CREDIT(S)

Laws 1971, c. 743, § 4.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.060

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Principles (Refs & Annos)

161.060. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.062

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Principles (Refs & Annos)

161.062. Laws 1985, c. 722, § 4; Laws 1991, c. 386, § 8; repealed by Laws 1999, c. 136, § 1

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.067

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Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Principles (Refs & Annos)

161.067. Multiple violations; multiple victims; repeated violations

(1) When the same conduct or criminal episode violates two or more statutory provisions and each provision requires proof of an element that the others do not, there are as many separately punishable offenses as there are separate statutory violations.

(2) When the same conduct or criminal episode, though violating only one statutory provision involves two or more victims, there are as many separately punishable offenses as there are victims. However, two or more persons owning joint interests in real or personal property shall be considered a single victim for purposes of determining the number of separately punishable offenses if the property is the subject of one of the following crimes:

(a) Theft as defined in ORS 164.015.

(b) Unauthorized use of a vehicle as defined in ORS 164.135.

(d) Criminal possession of a rented or leased motor vehicle as defined in ORS 164.138.

(e) Burglary as defined in ORS 164.215 or 164.225.

(f) Criminal trespass as defined in ORS 164.243, 164.245, 164.255, 164.265 or 164.278.

(g) Arson and related offenses as defined in ORS 164.315, 164.325 or 164.335.

(h) Forgery and related offenses as defined in ORS 165.002 to 165.070.

(3) When the same conduct or criminal episode violates only one statutory provision and involves only one victim, but nevertheless involves repeated violations of the same statutory provision against the same victim, there are as many separately punishable offenses as there are violations, except that each violation, to be separately punishable under this subsection, must be separated from other such violations by a sufficient pause in the defendant's criminal conduct to afford the defendant an opportunity to renounce the criminal intent. Each method of engaging in deviate sexual intercourse as defined in ORS 163.305, and each method of engaging in unlawful sexual penetration as defined in ORS 163.408 and 163.411 shall constitute separate violations of their respective statutory provisions for purposes of determining the number of statutory violations.

CREDIT(S)

Laws 1987, c. 2, § 13; Laws 1991, c. 386, § 9; Laws 2003, c. 629, § 4; Laws 2007, c. 684, § 3, eff. Jan. 1, 2008.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.070

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Principles (Refs & Annos)

161.070. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.075

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Principles (Refs & Annos)

161.075. Laws 1965, c. 516, § 1; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.080

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Principles (Refs & Annos)

161.080. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.085

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Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Criminal Liability

161.085. Definitions

As used in chapter 743, Oregon Laws 1971, and ORS 166.635, unless the context requires otherwise:

(1) “Act” means a bodily movement.

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

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

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

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

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

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

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

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

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

CREDIT(S)

Laws 1971, c. 743, § 7; Laws 1973, c. 139, § 2.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.090

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Criminal Liability

161.090. Amended by Laws 1967, c. 372, § 11; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.095

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Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Criminal Liability

161.095. Requirements

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

(2) Except as provided in ORS 161.105, a person is not guilty of an offense unless the person acts with a culpable mental state with respect to each material element of the offense that necessarily requires a culpable mental state.

CREDIT(S)

Laws 1971, c. 743, § 8.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.100

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Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Criminal Liability

161.100. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.105

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Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Criminal Liability

161.105. Applicability of culpability requirements

(1) Notwithstanding ORS 161.095, a culpable mental state is not required if:

(a) The offense constitutes a violation, unless a culpable mental state is expressly included in the definition of the offense; or

(b) An offense defined by a statute outside the Oregon Criminal Code clearly indicates a legislative intent to dispense with any culpable mental state requirement for the offense or for any material element thereof.

(2) Notwithstanding any other existing law, and unless a statute enacted after January 1, 1972, otherwise provides, an offense defined by a statute outside the Oregon Criminal Code that requires no culpable mental state constitutes a violation.

(3) Although an offense defined by a statute outside the Oregon Criminal Code requires no culpable mental state with respect to one or more of its material elements, the culpable commission of the offense may be alleged and proved, in which case criminal negligence constitutes sufficient culpability, and the classification of the offense and the authorized sentence shall be determined by ORS 161.505 to 161.605 and 161.615 to 161.655.

CREDIT(S)

Laws 1971, c. 743, § 9.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.110

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Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Criminal Liability

161.110. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.115

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Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Criminal Liability

161.115. Construction of statutes

(1) If a statute defining an offense prescribes a culpable mental state but does not specify the element to which it applies, the prescribed culpable mental state applies to each material element of the offense that necessarily requires a culpable mental state.

(2) Except as provided in ORS 161.105, if a statute defining an offense does not prescribe a culpable mental state, culpability is nonetheless required and is established only if a person acts intentionally, knowingly, recklessly or with criminal negligence.

(3) If the definition of an offense prescribes criminal negligence as the culpable mental state, it is also established if a person acts intentionally, knowingly or recklessly. When recklessness suffices to establish a culpable mental state, it is also established if a person acts intentionally or knowingly. When acting knowingly suffices to establish a culpable mental state, it is also established if a person acts intentionally.

(4) Knowledge that conduct constitutes an offense, or knowledge of the existence, meaning or application of the statute defining an offense, is not an element of an offense unless the statute clearly so provides.

CREDIT(S)

Laws 1971, c. 743, § 10.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.120

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Criminal Liability

161.120. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.125

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Criminal Liability

161.125. Use of drugs or controlled substances

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

(2) When recklessness establishes an element of the offense, if the defendant, due to the use of drugs or controlled substances, dependence on drugs or controlled substances or voluntary intoxication, is unaware of a risk of which the defendant would have been aware had the defendant been not intoxicated, not using drugs or controlled substances, or not dependent on drugs or controlled substances, such unawareness is immaterial.

CREDIT(S)

Laws 1971, c. 743, § 11; Laws 1973, c. 697, § 13; Laws 1979, c. 744, § 6.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. T. 16, Ch. 161, Refs & Annos

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions

Parties to Crime

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.150

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Parties to Crime (Refs & Annos)

161.150. Criminal liability generally

A person is guilty of a crime if it is committed by the person's own conduct or by the conduct of another for which the person is criminally liable, or both.

CREDIT(S)

Laws 1971, c. 743, § 12.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.155

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Parties to Crime (Refs & Annos)

161.155. Conduct of another; criminal liability

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

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

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

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

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

(c) Having a legal duty to prevent the commission of the crime, fails to make an effort the person is legally required to make.

CREDIT(S)

Laws 1971, c. 743, § 13.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.160

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Parties to Crime (Refs & Annos)

161.160. Conduct of another; exclusion of defenses

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

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

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

CREDIT(S)

Laws 1971, c. 743, § 14.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.165

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Parties to Crime (Refs & Annos)

161.165. Conduct of another; exemptions to criminal liability

Except as otherwise provided by the statute defining the crime, a person is not criminally liable for conduct of another constituting a crime if:

(1) The person is a victim of that crime; or

(2) The crime is so defined that the conduct of the person is necessarily incidental thereto.

CREDIT(S)

Laws 1971, c. 743, § 15.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.170

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Parties to Crime (Refs & Annos)

161.170. Corporations

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

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

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

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

(2) As used in this section:

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

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

CREDIT(S)

Laws 1971, c. 743, § 16.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.175

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Parties to Crime (Refs & Annos)

161.175. Personal criminal liability for corporate conduct

A person is criminally liable for conduct constituting an offense which the person performs or causes to be performed in the name of or in behalf of a corporation to the same extent as if such conduct were performed in the person's own name or behalf.

CREDIT(S)

Laws 1971, c. 743, § 17.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.190

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Justification

161.190. Justification

In any prosecution for an offense, justification, as defined in ORS 161.195 to 161.275, is a defense.

CREDIT(S)

Laws 1971, c. 743, § 18.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.195

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Justification

161.195. Justifiable offenses

(1) Unless inconsistent with other provisions of chapter 743, Oregon Laws 1971, defining justifiable use of physical force, or with some other provision of law, conduct which would otherwise constitute an offense is justifiable and not criminal when it is required or authorized by law or by a judicial decree or is performed by a public servant in the reasonable exercise of official powers, duties or functions.

(2) As used in subsection (1) of this section, “laws and judicial decrees” include but are not limited to:

(a) Laws defining duties and functions of public servants;

(b) Laws defining duties of private citizens to assist public servants in the performance of certain of their functions;

(d) Laws governing the military services and conduct of war; and

(e) Judgments and orders of courts.

CREDIT(S)

Laws 1971, c. 743, § 19.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.200

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Justification

161.200. Avoiding imminent injury

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

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

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

CREDIT(S)

Laws 1971, c. 743, § 20.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.205

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Justification

161.205. Use of physical force

The use of physical force upon another person that would otherwise constitute an offense is justifiable and not criminal under any of the following circumstances:

(1)(a) A parent, guardian or other person entrusted with the care and supervision of a minor or an incompetent person may use reasonable physical force upon such minor or incompetent person when and to the extent the person reasonably believes it necessary to maintain discipline or to promote the welfare of the minor or incompetent person.

(b) Personnel of a public education program, as that term is defined in section 1, chapter 665, Oregon Laws 2011, may use reasonable physical force upon a student when and to the extent the application of force is consistent with section 3, chapter 665, Oregon Laws 2011.

(2) An authorized official of a jail, prison or correctional facility may use physical force when and to the extent that the official reasonably believes it necessary to maintain order and discipline or as is authorized by law.

(3) A person responsible for the maintenance of order in a common carrier of passengers, or a person acting under the direction of the person, may use physical force when and to the extent that the person reasonably believes it necessary to maintain order, but the person may use deadly physical force only when the person reasonably believes it necessary to prevent death or serious physical injury.

(4) A person acting under a reasonable belief that another person is about to commit suicide or to inflict serious physical self-injury may use physical force upon that person to the extent that the person reasonably believes it necessary to thwart the result.

(5) A person may use physical force upon another person in self-defense or in defending a third person, in defending property, in making an arrest or in preventing an escape, as hereafter prescribed in chapter 743, Oregon Laws 1971.

CREDIT(S)

Laws 1971, c. 743, § 21; Laws 1981, c. 246, § 1; Laws 2011, c. 665, § 10, eff. Jan. 1, 2012, operative July 1, 2012.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.205

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Justification

161.205. Use of physical force

The use of physical force upon another person that would otherwise constitute an offense is justifiable and not criminal under any of the following circumstances:

CREDIT(S)

Laws 1971, c. 743, § 21; Laws 1981, c. 246, § 1; Laws 2011, c. 665, § 10, eff. Jan. 1, 2012, operative July 1, 2012; Laws 2011, c. 665, § 11, eff. Jan. 1, 2012, operative July 1, 2013; Laws 2013, c. 133, § 4, eff. July 1, 2013.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.209

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Justification

161.209. Self defense or defense of another

Except as provided in ORS 161.215 and 161.219, 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.

CREDIT(S)

Laws 1971, c. 743, § 22.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.210

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Justification

161.210. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.215

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Justification

161.215. Physical force in defense of a person; limitations

Notwithstanding ORS 161.209, a person is not justified in using physical force upon another person if:

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

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

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

CREDIT(S)

Laws 1971, c. 743, § 24.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.219

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Justification

161.219. Deadly physical force in defense of a person; limitations

Notwithstanding the provisions of ORS 161.209, a person is not justified in using deadly physical force upon another person unless the person reasonably believes that the other person is:

(1) Committing or attempting to commit a felony involving the use or threatened imminent use of physical force against a person; or

(2) Committing or attempting to commit a burglary in a dwelling; or

(3) Using or about to use unlawful deadly physical force against a person.

CREDIT(S)

Laws 1971, c. 743, § 23.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.220

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Justification

161.220. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.225

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Justification

161.225. Defense of premises

(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; 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 and any real property. As used in subsection (2)(b) of this section, “premises” includes any building.

CREDIT(S)

Laws 1971, c. 743, § 25.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.229

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Justification

161.229. Defense of property

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

CREDIT(S)

Laws 1971, c. 743, § 26.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.230

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Justification

161.230. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.235

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Justification

161.235. Making arrest or preventing escape

Except as provided in ORS 161.239, a peace officer is justified in using physical force upon another person only when and to the extent that the peace officer reasonably believes it necessary:

(1) To make an arrest or to prevent the escape from custody of an arrested person unless the peace officer knows that the arrest is unlawful; or

(2) For self-defense or to defend a third person from what the peace officer reasonably believes to be the use or imminent use of physical force while making or attempting to make an arrest or while preventing or attempting to prevent an escape.

CREDIT(S)

Laws 1971, c. 743, § 27.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.239

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Justification

161.239. Deadly physical force; making arrest or preventing escape

(1) Notwithstanding the provisions of ORS 161.235, a peace officer may use deadly physical force only when the peace officer reasonably believes that:

(a) The crime committed by the person was a felony or an attempt to commit a felony involving the use or threatened imminent use of physical force against a person; or

(b) The crime committed by the person was kidnapping, arson, escape in the first degree, burglary in the first degree or any attempt to commit such a crime; or

(c) Regardless of the particular offense which is the subject of the arrest or attempted escape, the use of deadly physical force is necessary to defend the peace officer or another person from the use or threatened imminent use of deadly physical force; or

(d) The crime committed by the person was a felony or an attempt to commit a felony and under the totality of the circumstances existing at the time and place, the use of such force is necessary; or

(e) The officer's life or personal safety is endangered in the particular circumstances involved.

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

CREDIT(S)

Laws 1971, c. 743, § 28.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.240

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Justification

161.240. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.245

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Justification

161.245. Reasonable belief; unlawful arrest

(1) For the purposes of ORS 161.235 and 161.239, a reasonable belief that a person has committed an offense means a reasonable belief in facts or circumstances which if true would in law constitute an offense. If the believed facts or circumstances would not in law constitute an offense, an erroneous though not unreasonable belief that the law is otherwise does not render justifiable the use of force to make an arrest or to prevent an escape from custody.

(2) A peace officer who is making an arrest is justified in using the physical force prescribed in ORS 161.235 and 161.239 unless the arrest is unlawful and is known by the officer to be unlawful.

CREDIT(S)

Laws 1971, c. 743, § 29.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.249

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Justification

161.249. Private person assisting arrest

(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.

CREDIT(S)

Laws 1971, c. 743, § 30.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.250

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Justification

161.250. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.255

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Justification

161.255. Private person making citizen's arrest

(1) Except as provided in subsection (2) of this section, a private person acting on the person's own account is justified in using physical force upon another person when and to the extent that the person reasonably believes it necessary to make an arrest or to prevent the escape from custody of an arrested person whom the person has arrested under ORS 133.225.

(2) A private person acting under the circumstances prescribed in subsection (1) of this section is justified in using deadly physical force only when the person reasonably believes it 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.

CREDIT(S)

Laws 1971, c. 743, § 31; Laws 1973, c. 836, § 339.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.260

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Justification

161.260. Resisting arrest

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

CREDIT(S)

Laws 1971, c. 743, § 32.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.265

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Justification

161.265. Preventing escape

(1) A guard or other peace officer employed in a correctional facility, as that term is defined in ORS 162.135, is justified in using physical force, including deadly physical force, when and to the extent that the guard or peace officer reasonably believes it necessary to prevent the escape of a prisoner from a correctional facility.

(2) Notwithstanding subsection (1) of this section, a guard or other peace officer employed by the Department of Corrections may not use deadly physical force in the circumstances described in ORS 161.267 (3).

CREDIT(S)

Laws 1971, c. 743, § 33; Laws 2005, c. 431, § 3, eff. July 1, 2005.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.267

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Justification

161.267. Justified use of physical force

(1) As used in this section:

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

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

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

(2) A corrections officer or other official employed by the Department of Corrections is justified in using physical force, including deadly physical force, when and to the extent that the officer or official reasonably believes it necessary to:

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

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

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

(a) A stand-alone minimum security facility;

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

(A) While the inmate is assigned to an inmate work crew; or

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

(4) Nothing in this section limits the authority of a person to use physical force under ORS 161.205 (2) or 161.265.

CREDIT(S)

Laws 2005, c. 431, § 2, eff. July 1, 2005.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.270

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Justification

161.270. Duress

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

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

(3) It is not a defense that a spouse acted on the command of the other spouse, unless the spouse acted under such coercion as would establish a defense under subsection (1) of this section.

CREDIT(S)

Laws 1971, c. 743, § 34; Laws 1987, c. 158, § 22.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.275

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Justification

161.275. Entrapment

(1) The commission of acts which would otherwise constitute an offense is not criminal if the actor engaged in the proscribed conduct because the actor was induced to do so by a law enforcement official, or by a person acting in cooperation with a law enforcement official, for the purpose of obtaining evidence to be used against the actor in a criminal prosecution.

(2) As used in this section, “induced” means that the actor did not contemplate and would not otherwise have engaged in the proscribed conduct. Merely affording the actor an opportunity to commit an offense does not constitute entrapment.

CREDIT(S)

Laws 1971, c. 743, § 35.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. T. 16, Ch. 161, Refs & Annos

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions

Responsibility

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.290

Formerly cited as OR ST § 161.380

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Responsibility (Refs & Annos)

161.290. Incapacity due to immaturity

(1) A person who is tried as an adult in a court of criminal jurisdiction is not criminally responsible for any conduct which occurred when the person was under 12 years of age.

(2) Incapacity due to immaturity, as defined in subsection (1) of this section, is a defense.

CREDIT(S)

Formerly 161.380; Laws 1995, c. 422, § 58.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.295

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Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Responsibility (Refs & Annos)

161.295. Mental disease or defect

(1) A person is guilty except for insanity if, as a result of mental disease or defect 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 terms “mental disease or defect” do not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct, nor do they include any abnormality constituting solely a personality disorder.

CREDIT(S)

Laws 1971, c. 743, § 36; Laws 1983, c. 800, § 1.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.300

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Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

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161.300. Admissibility of evidence of mental disease or defect

Evidence that the actor suffered from a mental disease or defect is admissible whenever it is relevant to the issue of whether the actor did or did not have the intent which is an element of the crime.

CREDIT(S)

Laws 1971, c. 743, § 37.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.305

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Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Responsibility (Refs & Annos)

161.305. Mental disease or defect; affirmative defense

Mental disease or defect constituting insanity under ORS 161.295 is an affirmative defense.

CREDIT(S)

Laws 1971, c. 743, § 38; Laws 1983, c. 800, § 2.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.309

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Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Responsibility (Refs & Annos)

161.309. Evidence of insanity; notice; filing of report; plea of guilty except for insanity

(1) The defendant may not introduce evidence on the issue of insanity under ORS 161.295, unless the defendant:

(a) Gives notice of intent to do so in the manner provided in subsection (3) of this section; and

(b) Files with the court a report of a psychiatric or psychological evaluation, conducted by a certified evaluator, in the manner provided in subsection (4) of this section.

(2) The defendant may not introduce in the case in chief expert testimony regarding partial responsibility or diminished capacity under ORS 161.300 unless the defendant gives notice of intent to do so in the manner provided in subsection (3) of this section.

(3) A defendant who is required under subsection (1) or (2) of this section to give notice shall file a written notice of purpose at the time the defendant pleads not guilty. The defendant may file the notice at any time after the plea but before trial when just cause for failure to file the notice at the time of making the plea is shown. If the defendant fails to file notice, the defendant may not introduce evidence for the establishment of a defense under ORS 161.295 or 161.300 unless the court, in its discretion, permits the evidence to be introduced where just cause for failure to file the notice is shown.

(4) A defendant who is required under subsection (1) of this section to file a report of a psychiatric or psychological evaluation shall file the report before trial. The report must be based on an evaluation conducted after the date of the alleged offense and must address the issue of insanity under ORS 161.295 and the dispositional determination described in ORS 161.325. If the defendant fails to file a complete report before trial, the defendant may not introduce evidence for the establishment of a defense under ORS 161.295 unless:

(a) The court, in its discretion, permits the evidence to be introduced when just cause for failure to file the report is shown; and

(b) If the defendant is charged with a felony, the defendant is tried by a jury.

(5)(a) A court may not accept a plea of guilty except for insanity to a felony unless a report described in subsection (4) of this section is filed with the court. If the report has not been filed, the court may order that a psychiatric or psychological evaluation of the defendant be conducted by a certified evaluator and a report of the evaluation be filed with the court.

(b) When the court orders an evaluation of a financially eligible person under this subsection, the court shall order the public defense services executive director to pay a reasonable fee for the evaluation from funds available for that purpose.

(6) As used in this section, “certified evaluator” means a psychiatrist or psychologist who holds a valid certification under the provisions of ORS 161.392.

CREDIT(S)

Laws 1971, c. 743, §§ 39, 40, 41; Laws 1983, c. 800, § 3; Laws 2003, c. 127, § 2; Laws 2011, c. 724, § 1, eff. Aug. 5, 2011, operative Jan. 1, 2012.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.310

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Responsibility (Refs & Annos)

161.310. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.313

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Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Responsibility (Refs & Annos)

161.313. Jury instructions; determination of insanity

When the issue of insanity under ORS 161.295 is submitted to be determined by a jury in the trial court, the court shall instruct the jury in accordance with ORS 161.327.

CREDIT(S)

Laws 1983, c. 800, § 16.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.315

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161.315. Mental examination of defendant

Upon filing of notice or the introduction of evidence by the defendant as provided in ORS 161.309, the state shall have the right to have at least one psychiatrist or licensed psychologist of its selection examine the defendant. The state shall file notice with the court of its intention to have the defendant examined. Upon filing of the notice, the court, in its discretion, may order the defendant committed to a state institution or any other suitable facility, if the defendant is 18 years of age or older, for observation and examination as the court may designate for a period not to exceed 30 days. If the defendant is under 18 years of age, upon filing of the notice, the court, in its discretion, may order the defendant committed to a secure intensive community inpatient facility designated by the Oregon Health Authority for observation and examination as the court may designate for a period not to exceed 30 days. If the defendant objects to the examiner chosen by the state, the court for good cause shown may direct the state to select a different examiner.

CREDIT(S)

Laws 1971, c. 743, § 42; Laws 1977, c. 380, § 3; Laws 2007, c. 14, § 5, eff. March 29, 2007; Laws 2009, c. 595, § 101, eff. June 26, 2009; Laws 2011, c. 724, § 10, eff. Aug. 5, 2011, operative Jan. 1, 2012.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.319

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Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

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161.319. Guilty except for insanity; verdict and judgment

When the defendant is found guilty except for insanity under ORS 161.295, the verdict and judgment shall so state.

CREDIT(S)

Laws 1971, c. 743, § 43; Laws 1977, c. 380, § 4; Laws 1983, c. 800, § 4.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.320

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Responsibility (Refs & Annos)

161.320. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.325

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Chapter 161. General Provisions (Refs & Annos)

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161.325. Entry of judgment of guilty except for insanity

(1) After entry of judgment of guilty except for insanity, the court shall, on the basis of the evidence given at the trial or at a separate hearing, if requested by either party, enter an order as provided in ORS 161.327, 161.328 or 161.329, whichever is appropriate.

(2) If the court enters an order as provided in ORS 161.327, it shall also:

(a) Determine on the record the offense of which the person otherwise would have been convicted;

(b) State on the record the mental disease or defect on which the defendant relied for the guilty except for insanity defense; and

(c) Make specific findings on whether there is a victim of the crime for which the defendant has been found guilty except for insanity and, if so, whether the victim wishes to be notified, under ORS 161.326, of any hearings and orders concerning the defendant and of any conditional release, discharge or escape of the defendant.

(3) The court shall include any such findings in its order.

(4) Except under circumstances described in ORS 137.076 (4), whenever a defendant charged with any offense listed in ORS 137.076 (1) has been found guilty of that offense except for insanity, the court shall, in any order entered under ORS 161.327 or 161.329, direct the defendant to submit to the obtaining of a blood or buccal sample in the manner provided in ORS 137.076.

CREDIT(S)

Laws 1971, c. 743, § 44; Laws 1977, c. 380, § 5; Laws 1979, c. 885, § 1; Laws 1981, c. 711, § 1; Laws 1983, c. 800, § 5; Laws 1991, c. 669, § 8; Laws 1999, c. 97, § 2; Laws 2005, c. 337, § 1; Laws 2010, c. 89 (1st Sp. Sess.), § 9, eff. May 22, 2010; Laws 2011, c. 724, § 2, eff. Aug. 5, 2011, operative Jan. 1, 2012; Laws 2011, c. 708, § 40, eff. Aug. 2, 2011, operative Jan. 1, 2012.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.326

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Responsibility (Refs & Annos)

161.326. Notification rights of crime victim; request for reconsideration

(1) If the trial court, the Psychiatric Security Review Board or the Oregon Health Authority determines that a victim desires notification as described in ORS 161.325 (2), the agency having jurisdiction over the person shall make a reasonable effort to notify the victim of hearings and orders, conditional release, discharge or escape. Nothing in this subsection authorizes the agency to disseminate information that is otherwise privileged by law.

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

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

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

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

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

(C) If the agency failed to make a reasonable effort to notify the victim of a hearing, more than 30 days after the victim knew or reasonably should have known of the hearing.

CREDIT(S)

Laws 1981, c. 711, § 9; Laws 2010, c. 89 (1st Sp. Sess.), § 6, eff. May 22, 2010; Laws 2011, c. 708, § 6, eff. Aug. 2, 2011, operative Jan. 1, 2012.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.327

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Responsibility (Refs & Annos)

161.327. Jurisdiction given to Psychiatric Security Review Board or Oregon Health Authority

(1) Following the entry of a judgment pursuant to ORS 161.319, if the court finds by a preponderance of the evidence that a person found guilty except for insanity of a felony is affected by mental disease or defect and presents a substantial danger to others, the court shall enter an order as follows:

(a) If the court finds that the person is not a proper subject for conditional release, the court shall order the person committed to a state hospital or, if the person is under 18 years of age, to a secure intensive community inpatient facility for custody, care and treatment. When the court orders a person committed under this paragraph, the court shall place the person under the jurisdiction of:

(A) The Psychiatric Security Review Board, if the person is a tier one offender.

(B) The Oregon Health Authority, if the person is a tier two offender.

(b) If the court finds that the person can be adequately controlled with supervision and treatment if conditionally released and that necessary supervision and treatment are available, the court shall order the person conditionally released.

(2) When a person is conditionally released under this section, the person is subject to those supervisory orders of the court as are in the best interests of justice, the protection of society and the welfare of the person. The court shall designate a person or state, county or local agency to supervise the person upon release, subject to those conditions as the court directs in the order for conditional release. Prior to the designation, the court shall notify the person or agency to whom conditional release is contemplated and provide the person or agency an opportunity to be heard before the court. After receiving an order entered under subsection (1)(b) of this section, the person or agency designated shall assume supervision of the person pursuant to the direction of the Psychiatric Security Review Board. The person or agency designated as supervisor shall be required to report in writing no less than once per month to the board concerning the supervised person's compliance with the conditions of release.

(3) In determining whether a person should be conditionally released, the court:

(a) May order evaluations, examinations and compliance as provided in ORS 161.336 (4) and 161.346 (2);

(b) Shall order that the person be examined by a local mental health program designated by the board and a report of the examination be provided to the court if each felony for which the defendant was found guilty except for insanity is a Class C felony; and

(4) Upon placing a person on conditional release, the court shall notify the board in writing of the court's conditional release order, the supervisor appointed, and all other conditions of release, and the person shall be on conditional release pending hearing before the board. Upon compliance with this section, the court's jurisdiction over the person is terminated.

(5) The total period of commitment or conditional release under ORS 161.315 to 161.351 may not exceed the maximum sentence provided by statute for the crime for which the person was found guilty except for insanity.

(6) An order of the court under this section is a final order appealable by the person found guilty except for insanity in accordance with ORS 19.205 (5). Notwithstanding ORS 19.255, notice of an appeal under this section shall be served and filed within 90 days after the order appealed from is entered in the register. The person shall be entitled on appeal to suitable counsel possessing skills and experience commensurate with the nature and complexity of the case. If the person is financially eligible, suitable counsel shall be appointed in the manner provided in ORS 138.500 (1), and the compensation for counsel and costs and expenses of the person necessary to the appeal shall be determined and paid as provided in ORS 138.500.

(7) Following the entry of an order described in subsection (1) of this section, the court shall notify the person of the right to appeal and the right to a hearing before the agency exercising jurisdiction over the person in accordance with ORS 161.336 (5) and 161.341 (3).

CREDIT(S)

Laws 1979, c. 867, § 5; Laws 1979, c. 885, § 2; Laws 1981, c. 711, § 2; Laws 1981, Sp. Sess., c. 3, § 129; Laws 1983, c. 800, § 6; Laws 1989, c. 790, § 48; Laws 1995, c. 208, § 1; Laws 2001, c. 962, § 89. Laws 2003, c. 576, §§ 578, 579; Laws 2005, c. 685, §§ 1, 1a; Laws 2009, c. 595, § 102, eff. June 26, 2009; Laws 2011, c. 724, § 3, eff. Aug. 5, 2011, operative Jan. 1, 2012; Laws 2011, c. 708, § 36, eff. Aug. 2, 2011, operative Jan. 1, 2012.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.328

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Responsibility (Refs & Annos)

161.328. Commitment to state mental hospital or other facility designated by Oregon Health Authority

(1) Following the entry of a judgment pursuant to ORS 161.319, the court shall order a person committed to a state mental hospital or other facility designated by the Oregon Health Authority if:

(a) Each offense for which the person is found guilty except for insanity is a misdemeanor; and

(b) The court finds that the person is affected by mental disease or defect and presents a substantial danger to others that requires commitment.

(2) The total period of commitment under this section may not exceed the maximum sentence provided by statute for the crime for which the person was found guilty except for insanity.

(3) If the superintendent of the state mental hospital or the director of the facility to which the person is committed determines that a person committed under this section is no longer affected by mental disease or defect or, if so affected, no longer presents a substantial danger to others that requires commitment, the superintendent or director shall file notice of that determination with the committing court. Upon filing of the notice, the superintendent or director shall discharge the person from custody.

CREDIT(S)

Laws 1981, c. 711, § 3; Laws 1983, c. 800, § 7; Laws 1987, c. 903, § 36; Laws 1995, c. 529, § 1; Laws 2011, c. 724, § 4, eff. Aug. 5, 2011, operative Jan. 1, 2012; Laws 2011, c. 708, § 37, eff. Aug. 2, 2011, operative Jan. 1, 2012.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.329

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Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

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161.329. Discharge from custody

Following the entry of a judgment pursuant to ORS 161.319, the court shall order that the person be discharged from custody if:

(1) The court finds that the person is no longer affected by mental disease or defect, or, if so affected, no longer presents a substantial danger to others and is not in need of care, supervision or treatment; or

(2)(a) Each offense for which the person is found guilty except for insanity is a misdemeanor; and

(b) The court finds that the person does not present a substantial danger to others that requires commitment.

CREDIT(S)

Laws 1971, c. 743, § 45; Laws 1977, c. 380, § 6; Laws 1981, c. 711, § 4; Laws 2011, c. 724, § 5, eff. Aug. 5, 2011, operative Jan. 1, 2012.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.330

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Responsibility (Refs & Annos)

161.330. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.332

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Responsibility (Refs & Annos)

161.332. Definitions

As used in ORS 161.315 to 161.351 and 161.385 to 161.395:

(1) “Conditional release” includes, but is not limited to, the monitoring of mental and physical health treatment.

(2) “Tier one offender” means a person who has been found guilty except for insanity of a tier one offense.

(3) “Tier one offense” means:

(a) Aggravated murder as defined in ORS 163.095;

(b) Attempt or conspiracy to commit aggravated murder as defined in ORS 163.095;

(d) Attempt or conspiracy to commit murder as defined in ORS 163.115;

(e) Manslaughter in the first degree as defined in ORS 163.118;

(f) Manslaughter in the second degree as defined in ORS 163.125;

(g) Assault in the first degree as defined in ORS 163.185;

(h) Assault in the second degree as defined in ORS 163.175;

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

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

(k) Rape in the first degree as defined ORS 163.375;

(L) Rape in the second degree as defined in ORS 163.365;

(m) Sodomy in the first degree as defined in ORS 163.405;

(n) Sodomy in the second degree as defined in ORS 163.395;

(o) Unlawful sexual penetration in the first degree as defined ORS 163.411;

(p) Unlawful sexual penetration in the second degree as defined ORS 163.408;

(q) Sexual abuse in the first degree as defined in ORS 163.427;

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

(s) Robbery in the second degree as defined in ORS 164.405;

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

(u) Using a child in a display of sexually explicit conduct as defined in ORS 163.670;

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

(w) Aggravated vehicular homicide as defined in ORS 163.149.

(4) “Tier two offender” means a person who has been found guilty except for insanity only of offenses that are not tier one offenses.

CREDIT(S)

Laws 1977, c. 380, § 1; Laws 1983, c. 800, § 8; Laws 2011, c. 708, § 11a, eff. Aug. 2, 2011, operative Jan. 1, 2012.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.335

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Responsibility (Refs & Annos)

161.335. Laws 1971, c. 743, § 46; Laws 1973, c. 137, § 1; Laws 1975, c. 380, § 1; repealed by Laws 1977, c. 380, § 10 (161.336 enacted in lieu of 161.335)

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.336

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Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Responsibility (Refs & Annos)

161.336. Conditional release

(1)(a) When a person is conditionally released under ORS 161.315 to 161.351, the person is subject to those supervisory orders of the Psychiatric Security Review Board as are in the best interests of justice, the protection of society and the welfare of the person.

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

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

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

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

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

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

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

(d) Copies of all reports submitted to the board pursuant to this section shall be furnished to the person and the person's counsel. The confidentiality of these reports is determined pursuant to ORS 192.501 to 192.505.

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

(4)(a) If at any time while the person is under the jurisdiction of the board it appears to the board or its chairperson that the person has violated the terms of the conditional release or that the mental health of the individual has changed, the board or its chairperson may order the person returned for evaluation or treatment to a state hospital or, if the person is under 18 years of age, to a secure intensive community inpatient facility. A written order of the board, or its chairperson on behalf of the board, is sufficient warrant for any law enforcement officer to take into custody such person and transport the person accordingly. A sheriff, municipal police officer, constable, parole and probation officer, prison official or other peace officer shall execute the order, and the person shall be returned as soon as practicable to the state hospital or secure intensive community inpatient facility designated in the order.

(b) The community mental health program director, the director of the facility providing treatment to a person on conditional release, any peace officer or any person responsible for the supervision of a person on conditional release may take a person on conditional release into custody or request that the person be taken into custody if there is reasonable cause to believe the person is a substantial danger to others because of mental disease or defect and that the person is in need of immediate care, custody or treatment. Any person taken into custody pursuant to this subsection shall be transported as soon as practicable to a state hospital or, if the person is under 18 years of age, to a secure intensive community inpatient facility.

(c) Within 20 days following the return of the person to a state hospital or secure intensive community inpatient facility under this subsection, the agency having jurisdiction over the person shall conduct a hearing. The agency shall provide notice of the hearing to the person, the attorney representing the person and the Attorney General. The state must prove by a preponderance of the evidence the person's unfitness for conditional release. The hearing shall be conducted in accordance with ORS 161.346.

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

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

(6) A person who has spent five years on conditional release shall be brought before the board for hearing within 30 days before the expiration of the five-year period. The board shall review the person's status and determine whether the person should be discharged from the jurisdiction of the board.

CREDIT(S)

Laws 1977, c. 380, § 11 (enacted in lieu of 161.335); Laws 1979, c. 885, § 3; Laws 1981, c. 711, § 5; Laws 1983, c. 800, § 9; Laws 1987, c. 140, § 1; Laws 1989, c. 790, § 49; Laws 2001, c. 326, § 1; Laws 2005, c. 264, § 14, eff. June 20, 2005; Laws 2005, c. 685, § 2, eff. Aug. 2, 2005; Laws 2009, c. 595, § 103, eff. June 26, 2009; Laws 2011, c. 708, § 2, eff. Aug. 2, 2011, operative Jan. 1, 2012.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.340

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Responsibility (Refs & Annos)

161.340. Laws 1971, c. 743, § 47; Laws 1975, c. 380, § 2; repealed by Laws 1977, c. 380, § 12 (161.341 enacted in lieu of 161.340)

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.341

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Responsibility (Refs & Annos)

161.341. Commitment; discharge or conditional release

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

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

(3) Any person who has been committed to a state hospital, or to a secure intensive community inpatient facility, for custody, care and treatment under ORS 161.315 to 161.351, or another person acting on the person's behalf, may apply to the agency having jurisdiction over the person for an order of discharge or conditional release upon the grounds:

(a) That the person is no longer affected by mental disease or defect;

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

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

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

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

(6)(a) In no case shall a person committed by the court under ORS 161.327 to a state hospital, or to a secure intensive community inpatient facility, be held in the hospital or facility for more than 90 days from the date of the court's commitment order without an initial hearing before the agency having jurisdiction over the person to determine whether the person should be conditionally released or discharged.

(b) In no case shall a person be held pursuant to this section for a period of time exceeding two years without a hearing before the agency to determine whether the person should be conditionally released or discharged.

CREDIT(S)

Laws 1977, c. 380, § 13 (enacted in lieu of 161.340); Laws 1979, c. 885, § 4; Laws 1981, c. 711, § 6; Laws 1983, c. 800, § 10; Laws 1985, c. 192, § 3; Laws 1989, c. 790, § 50; Laws 1991, c. 244, § 1; Laws 2005, c. 685, § 3, eff. Aug. 2, 2005; Laws 2009, c. 595, § 104, eff. June 26, 2009; Laws 2011, c. 708, § 3, eff. Aug. 2, 2011, operative Jan. 1, 2012.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.345

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Responsibility (Refs & Annos)

161.345. Laws 1971, c. 743, § 48; repealed by Laws 1977, c. 380, § 14 (161.346 enacted in lieu of 161.345)

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.346

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Responsibility (Refs & Annos)

161.346. Hearings

(1) When the Psychiatric Security Review Board or the Oregon Health Authority conducts a hearing under ORS 161.315 to 161.351, the agency conducting the hearing shall enter an order and make findings in support of the order. If the agency finds that a person under the jurisdiction of the agency:

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

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

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

(2)(a) Except as otherwise provided in ORS 161.349, the Psychiatric Security Review Board shall exercise exclusive jurisdiction over a tier one offender until the board discharges the person from the jurisdiction of the board or the maximum period of jurisdiction expires.

(b) When the board orders a tier two offender committed to a state hospital, or a secure intensive community inpatient facility, under ORS 161.315 to 161.351, the order shall transfer jurisdiction over the person to the Oregon Health Authority.

(c) When the authority orders a tier two offender conditionally released under ORS 161.315 to 161.351, the order shall transfer jurisdiction over the person to the board.

(d) The authority shall assume jurisdiction over a tier two offender when the person is returned to a state hospital, or to a secure intensive community inpatient facility, under ORS 161.336 (4).

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

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

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

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

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

(d) A statement of all rights under subsection (7) of this section.

(6) Prior to the commencement of the hearing, the agency shall serve personally or by mail a written notice to each party as provided in ORS 183.413 (2).

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

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

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

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

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

(8) A record shall be kept of all hearings conducted under ORS 161.315 to 161.351, except for deliberations.

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

(10) Within 15 days following the conclusion of the hearing, the agency shall provide to the person, the attorney representing the person, the Attorney General or other attorney representing the state, if any, written notice of the order entered by the agency.

(11) The burden of proof on all issues at hearings under ORS 161.315 to 161.351 shall be by a preponderance of the evidence.

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

(13) The Attorney General may represent the state at contested hearings under ORS 161.315 to 161.351 unless the district attorney of the county from which the person was committed elects to represent the state. The district attorney of the county from which the person was committed shall cooperate with the Attorney General in securing the material necessary for presenting a contested hearing. If the district attorney elects to represent the state, the district attorney shall give timely written notice of such election to the Attorney General, the agency conducting the hearing and the attorney representing the person.

CREDIT(S)

Laws 1977, c. 380, § 15 (enacted in lieu of 161.345); Laws 1979, c. 867, § 6; Laws 1979, c. 885, § 5; Laws 1981, c. 711, § 7; Laws 1981, Sp. Sess. c. 3, § 130; Laws 1983, c. 430, § 1; Laws 1985, c. 502, § 23; Laws 1987, c. 803, § 19; Laws 1991, c. 827, § 3; Laws 2001, c. 962, § 40; Laws 2003, c. 449, § 32, eff. July 1, 2003; Laws 2005, c. 685, § 4, eff. Aug. 2, 2005; Laws 2007, c. 288, § 7, eff. Jan. 1, 2008; Laws 2009, c. 595, § 105, eff. June 26, 2009; Laws 2011, c. 708, § 1, eff. Aug. 2, 2011, operative Jan. 1, 2012.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.348

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Responsibility (Refs & Annos)

161.348. Judicial review of orders

(1) When a person over whom the Psychiatric Security Review Board or the Oregon Health Authority exercises jurisdiction under ORS 161.315 to 161.351 or 419C.544 is adversely affected or aggrieved by a final order of the board or authority, the person is entitled to judicial review of the final order. The person is entitled on judicial review to suitable counsel possessing skills and experience commensurate with the nature and complexity of the case. If the person is financially eligible, suitable counsel shall be appointed by the reviewing court in the manner provided in ORS 138.500 (1). If the person is financially eligible, the public defense services executive director shall determine and pay, as provided in ORS 138.500, the cost of briefs, any other expenses of the person necessary to the review and compensation for counsel appointed for the person. The costs, expenses and compensation so allowed shall be paid as provided in ORS 138.500.

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

(3) The court may affirm, reverse or remand the order on the same basis as provided in ORS 183.482 (8).

(4) The filing of the petition does not stay the order of the agency, but the agency or the Court of Appeals may order a stay upon application on such terms as are deemed proper.

CREDIT(S)

Added by Laws 2011, c. 708, § 9, eff. Aug. 2, 2011, operative Jan. 1, 2012.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.349

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Responsibility (Refs & Annos)

161.349. Person committed to state hospital or secure community inpatient facility; sentencing to term of incarceration; stay; delivery to Department of Corrections or supervisory authority; jurisdiction

(1) When a person who is committed to a state hospital or a secure intensive community inpatient facility under ORS 161.315 to 161.351 is convicted of a crime and sentenced to a term of incarceration and when the person is sentenced to a term of incarceration as a sanction for violating the conditions of probation, parole or post-prison supervision, the sentencing court shall stay execution of the sentence pending the conditional release or discharge of the person or the expiration of the period of time described in ORS 161.327 (5). When the person is conditionally released or discharged by the agency having jurisdiction over the person under ORS 161.315 to 161.351, or when the maximum period of jurisdiction described in ORS 161.327 (5) expires, the stay shall be lifted by operation of law and the person shall be delivered to the custody of the Department of Corrections or the supervisory authority to begin service of the sentence imposed.

(2) When a person described in subsection (1) of this section is delivered to the custody of the department or the supervisory authority as described in this section, the agency having jurisdiction over the person while the person was committed to a state hospital or a secure intensive community inpatient facility shall notify the department or the supervisory authority when the period of time described in ORS 161.327 (5) will expire.

(3) The department or supervisory authority shall notify the Psychiatric Security Review Board when the person has served the term of incarceration imposed by the court and the board shall resume exercising active jurisdiction over the person in accordance with ORS 161.315 to 161.351.

(4) As used in this section, “supervisory authority” has the meaning given that term in ORS 144.087.

CREDIT(S)

Added by Laws 2011, c. 708, § 15, eff. Aug. 2, 2011, operative Jan. 1, 2012. Amended by Laws 2011, c. 708, § 39, eff. Aug. 2, 2011, operative Jan. 1, 2012.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.350

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Responsibility (Refs & Annos)

161.350. Laws 1971, c. 743, § 49; Laws 1975, c. 380, § 3; repealed by Laws 1977, c. 380, § 16 (161.351 enacted in lieu of 161.350)

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.351

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Responsibility (Refs & Annos)

161.351. Discharge; primary concern

(1) Any person placed under the jurisdiction of the Psychiatric Security Review Board or the Oregon Health Authority under ORS 161.315 to 161.351 shall be discharged at such time as the agency having jurisdiction over the person, upon a hearing, finds by a preponderance of the evidence that the person is no longer affected by mental disease or defect or, if so affected, no longer presents a substantial danger to others that requires regular medical care, medication, supervision or treatment.

(2) For purposes of ORS 161.315 to 161.351, a person affected by a mental disease or defect in a state of remission is considered to have a mental disease or defect. A person whose mental disease or defect may, with reasonable medical probability, occasionally become active and when it becomes active will render the person a danger to others may not be discharged. The person shall continue under supervision and treatment necessary to protect the person and others.

(3) In determining whether a person should be committed to a state hospital or secure intensive community inpatient facility, conditionally released or discharged, the board and the authority shall have as their primary concern the protection of society.

CREDIT(S)

Laws 1977, c. 380, § 17 (enacted in lieu of 161.350); Laws 1981, c. 711, § 13; Laws 1985, c. 192, § 4; Laws 1989, c. 49, § 1; Laws 2011, c. 708, § 4, eff. Aug. 2, 2011, operative Jan. 1, 2012.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.360

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Responsibility (Refs & Annos)

161.360. Fitness to proceed; mental disease or defect

(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.

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

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

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

CREDIT(S)

Laws 1971, c. 743, § 50; Laws 1993, c. 238, § 1.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.365

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Responsibility (Refs & Annos)

161.365. Fitness to proceed; examination of defendant

(1) When the court has reason to doubt the defendant's fitness to proceed by reason of incapacity as described in ORS 161.360, the court may call any witness to its assistance in reaching its decision. If the court determines the assistance of a psychiatrist or psychologist would be helpful, the court may:

(a) Order that a psychiatric or psychological examination of the defendant be conducted by a certified evaluator as defined in ORS 161.309 and a report of the examination be prepared; or

(b) Order the defendant to be committed for the purpose of an examination for a period not exceeding 30 days to a state mental hospital or other facility designated by the Oregon Health Authority if the defendant is at least 18 years of age, or to a secure intensive community inpatient facility designated by the authority if the defendant is under 18 years of age.

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

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

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

(c) If the defendant suffers from a mental disease or defect, an opinion as to whether the defendant is incapacitated within the description set out in ORS 161.360; and

(d) If the defendant is incapacitated within the description set out in ORS 161.360, a recommendation of treatment and services necessary to restore capacity.

(3) Except when the defendant and the court both request to the contrary, the report may not contain any findings or conclusions as to whether the defendant as a result of mental disease or defect was subject to the provisions of ORS 161.295 or 161.300 at the time of the criminal act charged.

(4) If the examination by the psychiatrist or psychologist cannot be conducted by reason of the unwillingness of the defendant to participate in the examination, the report shall so state and shall include, if possible, an opinion as to whether the unwillingness of the defendant was the result of mental disease or defect affecting capacity to proceed.

(5) The report shall be filed in triplicate with the clerk of the court, who shall cause copies to be delivered to the district attorney and to counsel for defendant.

(6)(a) When upon motion of the court or a financially eligible defendant, the court has ordered a psychiatric or psychological examination of the defendant, a county or justice court shall order the county to pay, and a circuit court shall order the public defense services executive director to pay from funds available for the purpose:

(A) A reasonable fee if the examination of the defendant is conducted by a psychiatrist or psychologist in private practice; and

(B) All costs including transportation of the defendant if the examination is conducted by a psychiatrist or psychologist in the employ of the Oregon Health Authority or a community mental health program established under ORS 430.610 to 430.670.

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

CREDIT(S)

Laws 1971, c. 743, § 51; Laws 1975, c. 380, § 4; Laws 1981, Sp. Sess., c. 3, § 131; Laws 1983, c. 800, § 11; Laws 1987, c. 803, § 18; Laws 1993, c. 238, § 2; Laws 2001, c. 962, § 90; Laws 2005, c. 685, § 5, eff. Aug. 2, 2005; Laws 2009, c. 595, § 106, eff. June 26, 2009; Laws 2011, c. 724, § 7, eff. Aug. 5, 2011, operative Jan. 1, 2012.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.370

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Responsibility (Refs & Annos)

161.370. Determination of fitness

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

(2) If the court determines that the defendant lacks fitness to proceed, the criminal proceeding against the defendant shall be suspended and:

(a) If the court finds that the defendant is dangerous to self or others as a result of mental disease or defect, or that the services and supervision necessary to restore the defendant's fitness to proceed are not available in the community, the court shall commit the defendant to the custody of the superintendent of a state mental hospital or director of a facility, designated by the Oregon Health Authority, if the defendant is at least 18 years of age, or to the custody of the director of a secure intensive community inpatient facility designated by the authority if the defendant is under 18 years of age; or

(b) If the court does not make a finding described in paragraph (a) of this subsection, or if the court determines that care other than commitment for incapacity to stand trial would better serve the defendant and the community, the court shall release the defendant on supervision for as long as the unfitness endures.

(3) When a defendant is released on supervision under this section, the court may place conditions that the court deems appropriate on the release, including the requirement that the defendant regularly report to the authority or a community mental health program for examination to determine if the defendant has regained capacity to stand trial.

(4) When the court, on its own motion or upon the application of the superintendent of the hospital or director of the facility in which the defendant is committed, a person examining the defendant as a condition of release on supervision, or either party, determines, after a hearing, if a hearing is requested, that the defendant has regained fitness to proceed, the criminal proceeding shall be resumed. If, however, the court is of the view that so much time has elapsed since the commitment or release of the defendant on supervision that it would be unjust to resume the criminal proceeding, the court on motion of either party may dismiss the charge and may order the defendant to be discharged or cause a proceeding to be commenced forthwith under ORS 426.070 to 426.170 or 427.235 to 427.290.

(5) The superintendent of a state hospital or director of a facility to which the defendant is committed shall cause the defendant to be evaluated within 60 days from the defendant's delivery into the superintendent's or director's custody, for the purpose of determining whether there is a substantial probability that, in the foreseeable future, the defendant will have the capacity to stand trial. In addition, the superintendent or director shall:

(a) Immediately notify the committing court if the defendant, at any time, gains or regains the capacity to stand trial or will never have the capacity to stand trial.

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

(A) The defendant has the present capacity to stand trial;

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

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

(6)(a) If the superintendent or director determines that there is a substantial probability that, in the foreseeable future, the defendant will gain or regain the capacity to stand trial, unless the court otherwise orders, the defendant shall remain in the superintendent's or director's custody where the defendant shall receive treatment designed for the purpose of enabling the defendant to gain or regain capacity. In keeping with the notice requirement under subsection (5)(b) of this section, the superintendent or director shall, for the duration of the defendant's period of commitment, submit a progress report to the committing court, concerning the defendant's capacity or incapacity, at least once every 180 days as measured from the date of the defendant's delivery into the superintendent's or director's custody.

(b) Notwithstanding paragraph (a) of this subsection, if the superintendent or director determines that a defendant committed under this section is no longer dangerous to self or others as a result of mental disease or defect, or that the services and supervision necessary to restore the defendant's fitness to proceed are available in the community, the superintendent or director shall file notice of that determination with the court. Upon receipt of the notice, the court shall order the person released on supervision as described in subsection (3) of this section.

(7)(a) A defendant who remains committed under subsection (6) of this section shall be discharged within a period of time that is reasonable for making a determination concerning whether or not, and when, the defendant may gain or regain capacity. However, regardless of the number of charges with which the defendant is accused, in no event shall the defendant be committed for longer than whichever of the following, measured from the defendant's initial custody date, is shorter:

(A) Three years; or

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

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

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

(B) The defendant shall be given credit against each charge alleged in the accusatory instrument for each day the defendant is committed under this section, whether the days are consecutive or are interrupted by a period of time during which the defendant has regained fitness to proceed.

(8) The superintendent or director shall notify the committing court of the defendant's impending discharge 30 days before the date on which the superintendent or director is required to discharge the defendant under subsection (7) of this section.

(9) When the committing court receives a notice from the superintendent or director under subsection (5) or (8) of this section concerning the defendant's progress or lack thereof, the committing court shall determine, after a hearing, if a hearing is requested, whether the defendant presently has the capacity to stand trial.

(10) If at any time the court determines that the defendant lacks the capacity to stand trial, the court shall further determine whether there is a substantial probability that the defendant, in the foreseeable future, will gain or regain the capacity to stand trial and whether the defendant is entitled to discharge under subsection (7) of this section. If the court determines that there is no substantial probability that the defendant, in the foreseeable future, will gain or regain the capacity to stand trial or that the defendant is entitled to discharge under subsection (7) of this section, the court shall dismiss, without prejudice, all charges against the defendant and:

(a) Order that the defendant be discharged; or

(b) Initiate commitment proceedings under ORS 426.070 or 427.235 to 427.290.

(11) All notices required under this section shall be filed with the clerk of the court and delivered to both the district attorney and the counsel for the defendant.

(12) If the defendant regains fitness to proceed, the term of any sentence received by the defendant for conviction of the crime charged shall be reduced by the amount of time the defendant was committed under this section to the custody of a state mental hospital, or to the custody of a secure intensive community inpatient facility, designated by the Oregon Health Authority.

(13) Notwithstanding the suspension of the criminal proceeding under subsection (2) of this section, the fact that the defendant is unfit to proceed does not preclude any objection through counsel and without the personal participation of the defendant on the grounds that the indictment is insufficient, that the statute of limitations has run, that double jeopardy principles apply or upon any other ground at the discretion of the court which the court deems susceptible of fair determination prior to trial.

CREDIT(S)

Laws 1971, c. 743, § 52; Laws 1975, c. 380, § 5; Laws 1993, c. 238, § 3; Laws 1999, c. 931, §§ 1, 2; Laws 2005, c. 685, § 6, eff. Aug. 2, 2005; Laws 2009, c. 595, § 107, eff. June 26, 2009; Laws 2011, c. 508, § 1, eff. June 23, 2011; Laws 2011, c. 724, § 8, eff. Aug. 5, 2011, operative Jan. 1, 2012.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.375

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Responsibility (Refs & Annos)

161.375. Escape from state hospital; arrest

(1) When a patient, who has been placed at a state hospital for evaluation, care, custody and treatment under ORS 161.315 to 161.351 or by court order under ORS 161.315, 161.365 or 161.370, has escaped or is absent without authorization from the hospital or from the custody of any person in whose charge the superintendent has placed the patient, the superintendent may order the arrest and detention of the patient.

(2) When a patient, who has been placed at a secure intensive community inpatient facility for evaluation, care, custody and treatment under ORS 161.315 to 161.351 or by court order under ORS 161.315, 161.365, 161.370 or 419C.527, has escaped or is absent without authorization from the facility or from the custody of any person in whose charge the director of the facility has placed the patient, the director of the facility shall notify the Director of the Oregon Health Authority. The Director of the Oregon Health Authority may order the arrest and detention of the patient.

(3) The superintendent or the Director of the Oregon Health Authority may issue an order under this section based upon a reasonable belief that grounds exist for issuing the order. When reasonable, the superintendent or the Director of the Oregon Health Authority shall investigate to ascertain whether such grounds exist.

(4) Any order issued by the superintendent or the Director of the Oregon Health Authority as authorized by this section constitutes full authority for the arrest and detention of the patient and all laws applicable to warrant or arrest apply to the order. An order issued by the superintendent or the Director of the Oregon Health Authority under this section expires 72 hours after being signed by the superintendent or the Director of the Oregon Health Authority.

(5) As used in this section, “superintendent” means the superintendent of the state hospital to which the person was committed or the superintendent's authorized representative.

CREDIT(S)

Laws 1997, c. 423, § 1; Laws 2005, c. 685, § 7; Laws 2005, c. 843, § 24a, eff. July 1, 2007; Laws 2009, c. 595, § 108, eff. June 26, 2009; Laws 2011, c. 708, § 7, eff. Aug. 2, 2011, operative Jan. 1, 2012.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.380

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Responsibility (Refs & Annos)

161.380. Laws 1971, c. 743, § 53; renumbered 161.290

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.385

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Responsibility (Refs & Annos)

161.385. Psychiatric Security Review Board

(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;

(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 to 292.250 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 to 161.351 and 419C.544 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 and consists of those members appointed under subsection (2)(e) to (h) of this section and the other public member.

(7)(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.

CREDIT(S)

Laws 1977, c. 380, § 8; Laws 1979, c. 867, § 7; Laws 1979, c. 885, § 6; Laws 1981, c. 711, § 15; Laws 1981, Sp. Sess., c. 3, § 132; Laws 1983, c. 740, § 26; Laws 1983, c. 800, § 12; Laws 1987, c. 133, § 1; Laws 2001, c. 962, § 70; Laws 2005, c. 843, § 20, eff. July 1, 2007; Laws 2009, c. 595, § 109, eff. June 26, 2009; Laws 2011, c. 708, § 8, eff. Aug. 2, 2011, operative Jan. 1, 2012.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.387

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Responsibility (Refs & Annos)

161.387. Implementation of policies

(1) The Psychiatric Security Review Board, by rule pursuant to ORS 183.325 to 183.410 and not inconsistent with law, may implement its policies and set out its procedure and practice requirements and may promulgate such interpretive rules as the board deems necessary or appropriate to carry out its statutory responsibilities.

(2) Administrative meetings of the board are not deliberations for the purposes of ORS 192.690.

CREDIT(S)

Laws 1981, c. 711, §§ 10, 11; Laws 2011, c. 708, § 11b, eff. Aug. 2, 2011, operative Jan. 1, 2012.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.390

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Responsibility (Refs & Annos)

161.390. Rules for assignment to state mental hospitals or secure intensive community inpatient facilities; release plans; hearing; records

(1) The Oregon Health Authority shall adopt rules for the assignment of persons to state mental hospitals or secure intensive community inpatient facilities under ORS 161.315 to 161.351, 161.365 and 161.370 and for establishing standards for evaluation and treatment of persons committed to a state hospital or a secure intensive community inpatient facility or ordered to a community mental health program under ORS 161.315 to 161.351.

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

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

(4) Before the authority conducts a hearing under ORS 161.315 to 161.351, the authority shall notify the board. The board may provide the authority with conditions of release that the board determines are advisable. If the authority orders the person conditionally released, the authority shall include the conditions of release in the order.

(5) The board and the authority shall maintain and keep current the medical, social and criminal history of all persons committed to their respective jurisdiction. The confidentiality of records maintained by the board shall be determined pursuant to ORS 192.501 to 192.505.

(6) The evidentiary phase of a hearing conducted by the board or the authority under ORS 161.315 to 161.351 is not a deliberation for purposes of ORS 192.690.

CREDIT(S)

Laws 1975, c. 380, § 7; Laws 1977, c. 380, § 18; Laws 1981, c. 711, § 14; Laws 1993, c. 680, § 18; Laws 2005, c. 22, § 109; Laws 2005, c. 685, § 8, eff. Aug. 2, 2005; Laws 2009, c. 595, § 110, eff. June 26, 2009; Laws 2011, c. 708, § 5, eff. Aug. 2, 2011, operative Jan. 1, 2012.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.392

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Responsibility (Refs & Annos)

161.392. Evaluations and examinations; adoption of rules necessary for certification of psychiatrists and psychologists

(1) The Oregon Health Authority shall adopt rules necessary to certify psychiatrists and licensed psychologists for the purpose of performing evaluations and examinations described in ORS 161.309, 161.365 and 419C.524. The rules must include a description of the standards and qualifications necessary for certification. The authority may charge a fee for certification under this section in an amount determined by rule.

(2) The authority shall consult with the Psychiatric Security Review Board about proposed rules described in subsection (1) of this section before issuing the proposed rules for public comment and before adopting the rules.

CREDIT(S)

Added by Laws 2011, c. 724, § 9, eff. Aug. 5, 2011, operative Jan. 1, 2012.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.395

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Responsibility (Refs & Annos)

161.395. Subpoenas

(1) Upon request of any party to a hearing before the Psychiatric Security Review Board or the Oregon Health Authority under ORS 161.315 to 161.351, the agency conducting the hearing shall issue, or on its own motion may issue, subpoenas requiring the attendance and testimony of witnesses.

(2) Upon request of any party to the hearing before the agency and upon a proper showing of the general relevance and reasonable scope of the documentary or physical evidence sought, the agency shall issue, or on its own motion may issue, subpoenas duces tecum.

(3) Witnesses appearing under subpoenas, other than the parties or state officers or employees, shall receive fees and mileage as prescribed by law for witnesses in ORS 44.415 (2). If the agency certifies that the testimony of a witness was relevant and material, any person who has paid fees and mileage to that witness shall be reimbursed by the agency.

(4) If any person fails to comply with a subpoena issued under subsections (1) or (2) of this section or any party or witness refuses to testify regarding any matter on which the party or witness may be lawfully interrogated, the judge of the circuit court of any county, on the application of the agency that issued the subpoena or of the party requesting the issuance of the subpoena, shall compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued by the court.

(5) If any person, agency or facility fails to comply with an order of the board or authority issued pursuant to subsection (2) of this section, the judge of a circuit court of any county, on application of the agency that issued the order, shall compel obedience by proceedings for contempt as in the case of disobedience of the requirements of an order issued by the court. Contempt for disobedience of an order of the board or authority shall be punishable by a fine of $100.

CREDIT(S)

Laws 1977, c. 380, § 9; Laws 1989, c. 980, § 8; Laws 2011, c. 708, § 10, eff. Aug. 2, 2011, operative Jan. 1, 2012.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.397

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Responsibility (Refs & Annos)

161.397. Psychiatric Security Review Board Account

The Psychiatric Security Review Board Account is established separate and distinct from the General Fund. All moneys received by the Psychiatric Security Review Board, other than appropriations from the General Fund, shall be deposited into the account and are continuously appropriated to the board to carry out the duties, functions and powers of the board.

CREDIT(S)

Laws 2001, c. 716, § 3.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.400

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Responsibility (Refs & Annos)

161.400. Leaves of absence

If, at any time after the commitment of a person to a state hospital or a secure intensive community inpatient facility under ORS 161.315 to 161.351, the superintendent of the hospital or the director of the facility is of the opinion that a leave of absence from the hospital or facility would be therapeutic for the person and that such leave would pose no substantial danger to others, the superintendent or director may authorize such leave for up to 48 hours in accordance with rules adopted by the agency having jurisdiction over the person. However, the superintendent or director, before authorizing the leave of absence, shall first notify the agency for the purposes of ORS 161.326.

CREDIT(S)

Laws 1981, c. 711, § 12; Laws 2005, c. 685, § 9, eff. Aug. 2, 2005; Laws 2011, c. 708, § 11, eff. Aug. 2, 2011, operative Jan. 1, 2012.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.403

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Responsibility (Refs & Annos)

161.403. Laws 1983, c. 800, § 14; repealed by Laws 1993, c. 77, § 1

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. T. 16, Ch. 161, Refs & Annos

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions

Inchoate Crimes

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.405

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Inchoate Crimes (Refs & Annos)

161.405. Attempt

(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 murder or treason.

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

CREDIT(S)

Laws 1971, c. 743, § 54.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.425

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Inchoate Crimes (Refs & Annos)

161.425. Impossibility as defense

In a prosecution for an attempt, it is no defense that it was impossible to commit the crime which was the object of the attempt where the conduct engaged in by the actor would be a crime if the circumstances were as the actor believed them to be.

CREDIT(S)

Laws 1971, c. 743, § 55.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.430

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Inchoate Crimes (Refs & Annos)

161.430. Renunciation; defense to attempt

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

(2) The defense of renunciation is an affirmative defense.

CREDIT(S)

Laws 1971, c. 743, § 56.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.435

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Inchoate Crimes (Refs & Annos)

161.435. Solicitation

(1) A person commits the crime of solicitation if with the intent of causing another to engage in specific conduct constituting a crime punishable as a felony or as a Class A misdemeanor or an attempt to commit such felony or Class A misdemeanor the person commands or solicits such other person to engage in that conduct.

(2) Solicitation is a:

(a) Class A felony if the offense solicited is murder or treason.

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

(d) Class A misdemeanor if the offense solicited is a Class C felony.

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

CREDIT(S)

Laws 1971, c. 743, § 57.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.440

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Inchoate Crimes (Refs & Annos)

161.440. Renunciation; defense to solicitation

(1) It is a defense to the crime of solicitation that the person soliciting the crime, after soliciting another person to commit a crime, persuaded the person solicited not to commit the crime or otherwise prevented the commission of the crime, under circumstances manifesting a complete and voluntary renunciation of the criminal intent.

(2) The defense of renunciation is an affirmative defense.

CREDIT(S)

Laws 1971, c. 743, § 58.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.450

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Inchoate Crimes (Refs & Annos)

161.450. Conspiracy

(1) A person is guilty of criminal conspiracy if with the intent that conduct constituting a crime punishable as a felony or a Class A misdemeanor be performed, the person agrees with one or more persons to engage in or cause the performance of such conduct.

(2) Criminal conspiracy is a:

(a) Class A felony if an object of the conspiracy is commission of murder, treason or a Class A felony.

(b) Class B felony if an object of the conspiracy is commission of a Class B felony.

(d) Class A misdemeanor if an object of the conspiracy is commission of a Class A misdemeanor.

CREDIT(S)

Laws 1971, c. 743, § 59.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.455

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Inchoate Crimes (Refs & Annos)

161.455. Co-conspirator conspiracy with third party

If a person is guilty of conspiracy, as defined in ORS 161.450, and knows that a person with whom the person conspires to commit a crime has conspired or will conspire with another person or persons to commit the same crime, the person is guilty of conspiring with such other person or persons, whether or not the person knows their identity, to commit such crime.

CREDIT(S)

Laws 1971, c. 743, § 60.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.460

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Inchoate Crimes (Refs & Annos)

161.460. Renunciation; defense to conspiracy

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

(2) The defense of renunciation is an affirmative defense.

CREDIT(S)

Laws 1971, c. 743, § 61.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.465

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Inchoate Crimes (Refs & Annos)

161.465. Termination of conspiracy

For the purpose of application of ORS 131.125:

(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.

CREDIT(S)

Laws 1971, c. 743, § 62; Laws 1973, c. 836, § 340.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.475

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Inchoate Crimes (Refs & Annos)

161.475. Solicitation and conspiracy; defenses

(1) Except as provided in subsection (2) of this section, it is immaterial to the liability of a person who solicits or conspires with another to commit a crime that:

(a) The person or the person whom the person solicits or with whom the person conspires does not occupy a particular position or have a particular characteristic which is an element of such crime, if the person believes that one of them does; or

(b) The person whom the person solicits or with whom the person conspires is irresponsible or has an immunity to prosecution or conviction for the commission of the crime, or, in the case of conspiracy, has feigned the agreement; or

(c) The person with whom the person conspires has not been prosecuted for or convicted of the conspiracy or a crime based upon the conduct in question, or has previously been acquitted.

(2) It is a defense to a charge of solicitation or conspiracy to commit a crime that if the criminal object were achieved, the actor would not be guilty of a crime under the law defining the offense or as an accomplice under ORS 161.150 to 161.165.

CREDIT(S)

Laws 1971, c. 743, § 63.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.485

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Inchoate Crimes (Refs & Annos)

161.485. Multiple convictions

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

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

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

(4) Nothing in this section shall be construed to bar inclusion of multiple counts charging violation of the substantive crime and ORS 161.405, 161.435 and 161.450 in a single indictment or information, provided the penal conviction is consistent with subsections (2) and (3) of this section.

CREDIT(S)

Laws 1971, c. 743, § 64.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.505

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Classes of Offenses

161.505. “Offense” defined

An offense is conduct for which a sentence to a term of imprisonment or to a fine is provided by any law of this state or by any law or ordinance of a political subdivision of this state. An offense is either a crime, as described in ORS 161.515, or a violation, as described in ORS 153.008.

CREDIT(S)

Laws 1971, c. 743, § 65; Laws 1975, c. 451, § 173; Laws 1981, c. 626, § 2; Laws 1981, c. 692, § 7; Laws 1999, c. 1051, § 43.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.515

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Classes of Offenses

161.515. “Crime” defined

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

(2) A crime is either a felony or a misdemeanor.

CREDIT(S)

Laws 1971, c. 743, § 66.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.525

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Classes of Offenses

161.525. “Felony” defined

Except as provided in ORS 161.585 and 161.705, a crime is a felony if it is so designated in any statute of this state or if a person convicted under a statute of this state may be sentenced to a maximum term of imprisonment of more than one year.

CREDIT(S)

Laws 1971, c. 743, § 67.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.535

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Classes of Offenses

161.535. Classification of felonies

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

(a) Class A felonies;

(b) Class B felonies;

(d) Unclassified felonies.

(2) The particular classification of each felony defined in the Oregon Criminal Code, except murder under ORS 163.115 and treason under ORS 166.005, 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 161.525, shall be considered an unclassified felony.

CREDIT(S)

Laws 1971, c. 743, § 68.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.545

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Classes of Offenses

161.545. “Misdemeanor” defined

A crime is a misdemeanor if it is so designated in any statute of this state or if a person convicted thereof may be sentenced to a maximum term of imprisonment of not more than one year.

CREDIT(S)

Laws 1971, c. 743, § 69.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.555

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Classes of Offenses

161.555. Misdemeanor classifications

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

(a) Class A misdemeanors;

(b) Class B misdemeanors;

(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, 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.

CREDIT(S)

Laws 1971, c. 743, § 70.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.565

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Classes of Offenses

161.565. Laws 1971, c. 743, § 71; Laws 1987, c. 783, § 1; Laws 1989, c. 1053, § 17; Laws 1991, c. 111, § 17; Laws 1993, c. 533, § 4; Laws 1997, c. 852, § 12; repealed by Laws 1999, c. 1051, § 49

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.566

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Classes of Offenses

161.566. Prosecutor election to treat misdemeanor as violation

(1) Except as provided in subsection (4) of this section, a prosecuting attorney may elect to treat any misdemeanor as a Class A violation. The election must be made by the prosecuting attorney orally at the time of the first appearance of the defendant or in writing filed on or before the time scheduled for the first appearance of the defendant. If no election is made within the time allowed, the case shall proceed as a misdemeanor.

(2) If a prosecuting attorney elects to treat 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 any judgment entered in the matter. Notwithstanding ORS 153.021 the fine that a court may impose upon conviction of a violation under this section may not:

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

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

(3) If a prosecuting attorney elects to treat a misdemeanor as a Class A violation under this section, and the defendant fails to make any required appearance in the matter, the court may enter a default judgment against the defendant in the manner provided by ORS 153.102. Notwithstanding ORS 153.021 the fine that the court may impose under a default judgment entered pursuant to ORS 153.102 may not:

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

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

(4) A prosecuting attorney may not elect to treat misdemeanors created under ORS 811.540 or 813.010 as violations under the provisions of this section.

(5) The election provided for in this section may be made by a city attorney acting as prosecuting attorney in the case of municipal ordinance offenses, a county counsel acting as prosecuting attorney under a county charter in the case of county ordinance offenses, and the Attorney General acting as prosecuting attorney in those criminal actions or proceedings within the jurisdiction of the Attorney General.

CREDIT(S)

Laws 1999, c. 1051, § 47; Laws 2003, c. 737, § 89, eff. Sept. 1, 2003; Laws 2011, c. 597, § 16, eff. July 1, 2011, operative Jan. 1, 2012; Laws 2012, c. 82, § 2, eff. March 27, 2012.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.568

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Classes of Offenses

161.568. Court election to treat misdemeanor as violation

(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 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 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 may not:

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

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

(4) A court may not treat misdemeanors created under ORS 811.540 or 813.010 as violations under the provisions of this section.

CREDIT(S)

Laws 1999, c. 1051, § 48; Laws 2003, c. 737, § 90, eff. Sept. 1, 2003; Laws 2011, c. 597, § 17, eff. July 1, 2011, operative Jan. 1, 2012; Laws 2012, c. 82, § 3, eff. March 27, 2012.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.570

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Classes of Offenses

161.570. District attorney; election regarding nonperson felony

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

(2) A district attorney may elect to treat a Class C nonperson felony or a violation of ORS 475.752 (3)(a), 475.854, 475.864 (2) or 475.874 as a Class A misdemeanor. The election must be made by the district attorney orally or in writing at the time of the first appearance of the defendant. If a district attorney elects to treat a Class C felony or a violation of ORS 475.752 (3)(a), 475.854, 475.864 (2) or 475.874 as a Class A misdemeanor under this subsection, the court shall amend the accusatory instrument to reflect the charged offense as a Class A misdemeanor.

(3) If, at some time after the first appearance of a defendant charged with a Class C nonperson felony or a violation of ORS 475.840 (3)(a), 475.854, 475.864 (2) or 475.874, the district attorney and the defendant agree to treat the charged offense as a Class A misdemeanor, the court may allow the offense to be treated as a Class A misdemeanor by stipulation of the parties.

(4) If a Class C felony or a violation of ORS 475.752 (3)(a), 475.854, 475.864 (2) or 475.874 is treated as a Class A misdemeanor under this section, the court shall clearly denominate the offense as a Class A misdemeanor in any judgment entered in the matter.

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

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

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

(a) Be less than the minimum fine established by ORS 137.286 for a felony; or

(b) Exceed the amount provided in ORS 161.625 for the class of felony receiving Class A misdemeanor treatment.

CREDIT(S)

Laws 2003, c. 645, § 2, eff. Aug. 12, 2003; Laws 2005, c. 708, § 47, eff. Aug. 16, 2005; Laws 2007, c. 286, § 1, eff. Jan. 1, 2008; Laws 2011, c. 597, § 18, eff. July 1, 2011, operative Jan. 1, 2012.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.575

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Classes of Offenses

161.575. Laws 1971, c. 743, § 72; repealed by Laws 1999, c. 1051, § 49

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.585

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Classes of Offenses

161.585. Punishment to determine classification of certain offenses

(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 (1).

(2) Notwithstanding the provisions of ORS 161.525, 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.

CREDIT(S)

Laws 1971, c. 743, § 73; Laws 1987, c. 320, § 85; Laws 1989, c. 790, § 52; Laws 1993, c. 14, § 18; Laws 2005, c. 264, § 15, eff. June 20, 2005.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. T. 16, Ch. 161, Refs & Annos

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions

Disposition of Offenders

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.605

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Disposition of Offenders (Refs & Annos)

161.605. Maximum terms of imprisonment; felonies

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

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

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

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

(4) For an unclassified felony as provided in the statute defining the crime.

CREDIT(S)

Laws 1971, c. 743, § 74.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.610

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Disposition of Offenders (Refs & Annos)

161.610. Use of firearm during commission of felony

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

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

(3) Notwithstanding the provisions of ORS 161.605 or 137.010 (3) and except as otherwise provided in subsection (6) of this section, if a defendant is convicted of a felony having as an element the defendant's use or threatened use of a firearm during the commission of the crime, the court shall impose at least the minimum term of imprisonment as provided in subsection (4) of this section. Except as provided in ORS 144.122 and 144.126 and subsection (5) of this section, in no case shall any person punishable under this section become eligible for work release, parole, temporary leave or terminal leave until the minimum term of imprisonment is served, less a period of time equivalent to any reduction of imprisonment granted for good time served or time credits earned under ORS 421.121, nor shall the execution of the sentence imposed upon such person be suspended by the court.

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

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

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

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

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

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

(6) When a defendant who is convicted of a felony having as an element the defendant's use or threatened use of a firearm during the commission of the crime is a person who was waived from juvenile court under ORS 137.707 (5)(b)(A), 419C.349, 419C.352, 419C.364 or 419C.370, the court is not required to impose a minimum term of imprisonment under this section.

CREDIT(S)

Laws 1979, c. 779, § 2; Laws 1985, c. 552, § 1; Laws 1989, c. 790, § 72; Laws 1989, c. 839, § 18; Laws 1991, c. 133, § 3; Laws 1993, c. 692, § 9; Laws 1999, c. 951, § 3; Laws 2005, c. 407, § 1; Laws 2009, c. 610, § 5, eff. Jan. 1, 2010.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.615

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Disposition of Offenders (Refs & Annos)

161.615. Sentences for misdemeanors

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, 1 year.

(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.

CREDIT(S)

Laws 1971, c. 743, § 75.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.620

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Disposition of Offenders (Refs & Annos)

161.620. Waiver from juvenile court; sentences

Notwithstanding any other provision of law, a sentence imposed upon any person waived from the juvenile court under ORS 419C.349, 419C.352, 419C.364 or 419C.370 shall not include any sentence of death or life imprisonment without the possibility of release or parole nor imposition of any mandatory minimum sentence except that a mandatory minimum sentence under:

(1) ORS 163.105 (1)(c) shall be imposed; and

(2) ORS 161.610 may be imposed.

CREDIT(S)

Laws 1985, c. 631, § 9; Laws 1989, c. 720, § 3; Laws 1993, c. 33, § 306; Laws 1993, c. 546, § 119; Laws 1995, c. 422, § 131y; Laws 1999, c. 951, § 2.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.625

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Disposition of Offenders (Refs & Annos)

161.625. Felonies; fines

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

(a) $500,000 for murder or aggravated murder.

(b) $375,000 for a Class A felony.

(d) $125,000 for a Class C felony.

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

(3)(a) If a person has gained money or property through the commission of a felony, then upon conviction thereof the court, in lieu of imposing the fine authorized for the crime under subsection (1) or (2) of this section, may sentence the defendant to pay an amount, fixed by the court, not exceeding double the amount of the defendant's gain from the commission of the crime.

(b) The provisions of paragraph (a) of this subsection do not apply to the felony theft of a companion animal, as defined in ORS 164.055, or a captive wild animal.

(4) As used in this section, “gain” means the amount of money or the value of property derived from the commission of the felony, less the amount of money or the value of property returned to the victim of the crime or seized by or surrendered to lawful authority before the time sentence is imposed. “Value” shall be determined by the standards established in ORS 164.115.

(5) When the court imposes a fine for a felony the court shall make a finding as to the amount of the defendant's gain from the crime. If the record does not contain sufficient evidence to support a finding the court may conduct a hearing upon the issue.

(6) Except as provided in ORS 161.655, this section does not apply to a corporation.

CREDIT(S)

Laws 1971, c. 743, § 76; Laws 1981, c. 390, § 1; Laws 1991, c. 837, § 11; Laws 1993, c. 680, § 36; Laws 2003, c. 615, § 1; Laws 2003, c. 737, § 86, eff. Sept. 1, 2003.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.635

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Disposition of Offenders (Refs & Annos)

161.635. Misdemeanors; fines

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

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

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

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

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

(4) This section does not apply to corporations.

CREDIT(S)

Laws 1971, c. 743, § 77; Laws 1981, c. 390, § 2; Laws 1993, c. 680, § 30; Laws 1995, c. 545, § 2; Laws 1999, c. 1051, § 44; Laws 2003, c. 737, § 87, eff. Sept. 1, 2003.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.645

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Disposition of Offenders (Refs & Annos)

161.645. Imposition of fines; considerations

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

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

(2) The ability of the defendant to pay a fine on an installment basis or on other conditions to be fixed by the court.

CREDIT(S)

Laws 1971, c. 743, § 78.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.655

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Disposition of Offenders (Refs & Annos)

161.655. Fines imposed upon corporations

(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 (4) and (5) apply.

CREDIT(S)

Laws 1971, c. 743, § 79; Laws 1999, c. 1051, § 45.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.665

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Disposition of Offenders (Refs & Annos)

161.665. Costs

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

(2) Except as provided in ORS 151.505, the court, after the conclusion of an appeal of its initial judgment of conviction, may include in its general judgment, or enter a supplemental judgment that includes, a money award that requires a convicted defendant to pay a reasonable attorney fee for counsel appointed pursuant to ORS 138.500, including counsel who is appointed under ORS 151.216 or counsel who is under contract to provide services for the proceeding under ORS 151.219, and other costs and expenses allowed by the public defense services executive director under ORS 138.500 (4). A reasonable attorney fee is presumed to be a reasonable number of hours at the hourly rate authorized by the commission under ORS 151.216.

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

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

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

(6) All moneys collected or paid under this section shall be paid into the Criminal Fine Account.

(7) Any amounts awarded to the state under a judgment of conviction for the costs of extraditing the defendant to this state must be listed separately in the money award portion of the judgment.

CREDIT(S)

Laws 1971, c. 743, § 80; Laws 1981, Sp. Sess., c. 3, § 120; Laws 1983, c. 763, § 12; Laws 1985, c. 710, § 3; Laws 1987, c. 803, § 26; Laws 1989, c. 1053, § 11; Laws 1991, c. 460, § 12; Laws 1991, c. 840, § 1; Laws 1997, c. 761, § 1; Laws 2001, c. 962, §§ 41, 113; Laws 2003, c. 449, § 29, eff. July 1, 2003; Laws 2003, c. 576, §§ 247, 248; Laws 2003, c. 615, § 2; Laws 2011, c. 597, § 44, eff. July 1, 2011, operative Jan. 1, 2012.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.675

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Disposition of Offenders (Refs & Annos)

161.675. Conditions for payment of money by defendant

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

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

(3) When a defendant is sentenced to probation or imposition or execution of sentence is suspended and the court requires as a part of the sentence or as a condition of the probation or suspension of sentence that the defendant pay a sum of money in installments, the court, or the court clerk or parole and probation officer if so ordered by the court, shall establish a schedule of payments to satisfy the obligation. A schedule of payments shall be reviewed by the court upon motion of the defendant at any time, so long as the obligation remains unsatisfied.

CREDIT(S)

Laws 1971, c. 743, § 81; Laws 1977, c. 371, § 4; Laws 1985, c. 46, § 1; Laws 1993, c. 14, § 19; Laws 1995, c. 512, § 3; Laws 2005, c. 264, § 16, eff. June 20, 2005.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.685

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Disposition of Offenders (Refs & Annos)

161.685. Nonpayment of fines, restitution or costs

(1) When a defendant who has been sentenced or ordered to pay a fine, or to make restitution as defined in ORS 137.103, defaults on a payment or installment ordered by the court, the court on motion of the district attorney or upon its own motion may require the defendant to show cause why the default should not be treated as contempt of court, and may issue a show cause citation or a warrant of arrest for the appearance of the defendant.

(2) If the court finds that the default constitutes contempt, the court may impose one or more of the sanctions authorized by ORS 33.105.

(3) When a fine or an order of restitution is imposed on a corporation or unincorporated association, it is the duty of the person authorized to make disbursement from the assets of the corporation or association to pay the fine or make the restitution from those assets, and if that person fails to do so, the court may hold that person in contempt.

(4) Notwithstanding ORS 33.105, the term of confinement for contempt for nonpayment of fines or failure to make restitution shall be set forth in the commitment order, and shall not exceed one day for each $25 of the fine or restitution, 30 days if the fine or order of restitution was imposed upon conviction of a violation or misdemeanor, or one year in any other case, whichever is the shorter period.

(5) If it appears to the satisfaction of the court that the default in the payment of a fine or restitution is not contempt, the court may enter an order allowing the defendant additional time for payment, reducing the amount of the payment or installments due on the payment, or revoking the fine or order of restitution in whole or in part.

(6) A default in the payment of a fine or costs or failure to make restitution or a default on an installment on a fine, costs or restitution may be collected by any means authorized by law for the enforcement of a judgment. The levy of execution or garnishment for the collection of a fine or restitution shall not discharge a defendant confined for contempt until the amount of the fine or restitution has actually been collected.

(7) The court, or the court clerk if ordered by the court, may report a default on a court-ordered payment to a consumer reporting agency.

(8) The Chief Justice of the Supreme Court shall adopt rules under ORS 1.002 establishing policies and procedures for reporting a default under subsection (7) of this section to a consumer reporting agency that may include, but are not limited to, limitations on reporting a default to a consumer reporting agency.

(9) Except as otherwise provided in this section, proceedings under this section shall be conducted:

(a) As provided in ORS 33.055, if the court seeks to impose remedial sanctions as described in ORS 33.015 to 33.155; and

(b) As provided in ORS 33.065, if the court seeks to impose punitive sanctions as described in ORS 33.015 to 33.155.

(10) Confinement under this section may be custody or incarceration, whether actual or constructive.

(11) As used in this section, “consumer reporting agency” means any person that regularly engages for fees, dues, or on a nonprofit basis, in whole or in part, in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties.

CREDIT(S)

Laws 1971, c. 743, § 82; Laws 1977, c. 371, § 5; Laws 1987, c. 709, § 3; Laws 1987, c. 873, § 28; Laws 1991, c. 724, § 27a; Laws 1995, c. 79, § 50; Laws 1995, c. 512, § 4.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.705

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Authority of Sentencing Court

161.705. Reduction of certain felonies to misdemeanors

Notwithstanding ORS 161.525, the court may enter judgment of conviction for a Class A misdemeanor and make disposition accordingly when:

(1)(a) A person is convicted of any Class C felony;

(b) A person is convicted of a Class B felony pursuant to ORS 475.860 (2)(a);

(d) A person convicted of any of the felonies described in paragraphs (a) to (c) of this subsection, or of a Class A felony pursuant to ORS 166.720, has successfully completed a sentence of probation; and

(2) The court, considering the nature and circumstances of the crime and the history and character of the defendant, believes that it would be unduly harsh to sentence the defendant for a felony.

CREDIT(S)

Laws 1971, c. 743, § 83; Laws 1977, c. 745, § 31; Laws 1979, c. 124, § 1; Laws 1981, c. 769, § 8; Laws 2005, c. 708, § 48, eff. Aug. 16, 2005; Laws 2009, c. 610, § 2, eff. Jan. 1, 2010.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.715

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Authority of Sentencing Court

161.715. Discharge of defendant

(1) Any court empowered to suspend imposition or execution of sentence or to sentence a defendant to probation may discharge the defendant if:

(a) The conviction is for an offense other than murder, treason or a Class A or B felony; and

(b) The court is of the opinion that no proper purpose would be served by imposing any condition upon the defendant's release.

(2) If a sentence of discharge is imposed for a felony, the court shall set forth in the record the reasons for its action.

(3) If the court imposes a sentence of discharge, the defendant shall be released with respect to the conviction for which the sentence is imposed without imprisonment, probationary supervision or conditions. The judgment entered by the court shall include a monetary obligation payable to the state in an amount equal to the minimum fine for the offense established by ORS 137.286.

(4) If a defendant pleads not guilty and is tried and found guilty, a sentence of discharge is a judgment on a conviction for all purposes, including an appeal by the defendant.

(5) If a defendant pleads guilty, a sentence of discharge is not appealable, but for all other purposes is a judgment on a conviction.

CREDIT(S)

Laws 1971, c. 743, § 84; Laws 1993, c. 14, § 20; Laws 2003, c. 576, § 249; Laws 2011, c. 597, § 20, eff. July 1, 2011, operative Jan. 1, 2012.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.725

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Authority of Sentencing Court

161.725. Sentencing of dangerous offenders

(1) Subject to the provisions of ORS 161.737, the maximum term of an indeterminate sentence of imprisonment for a dangerous offender is 30 years, if because of the dangerousness of the defendant an extended period of confined correctional treatment or custody is required for the protection of the public and one or more of the following grounds exist:

(a) The defendant is being sentenced for a Class A felony and the defendant is suffering from a severe personality disorder indicating a propensity toward crimes that seriously endanger the life or safety of another.

(b) The defendant is being sentenced for a felony that seriously endangered the life or safety of another, the defendant has been previously convicted of a felony not related to the instant crime as a single criminal episode and the defendant is suffering from a severe personality disorder indicating a propensity toward crimes that seriously endanger the life or safety of another.

(c) The defendant is being sentenced for a felony that seriously endangered the life or safety of another, the defendant has previously engaged in unlawful conduct not related to the instant crime as a single criminal episode that seriously endangered the life or safety of another and the defendant is suffering from a severe personality disorder indicating a propensity toward crimes that seriously endanger the life or safety of another.

(2) As used in this section, “previously convicted of a felony” means:

(a) Previous conviction of a felony in a court of this state;

(b) Previous conviction in a court of the United States, other than a court-martial, of an offense which at the time of conviction of the offense was and at the time of conviction of the instant crime is punishable under the laws of the United States by death or by imprisonment in a penitentiary, prison or similar institution for a term of one year or more; or

(c) Previous conviction by a general court-martial of the United States or in a court of any other state or territory of the United States, or of the Commonwealth of Puerto Rico, of an offense which at the time of conviction of the offense was punishable by death or by imprisonment in a penitentiary, prison or similar institution for a term of one year or more and which offense also at the time of conviction of the instant crime would have been a felony if committed in this state.

(3) As used in this section, “previous conviction of a felony” does not include:

(a) An offense committed when the defendant was less than 16 years of age;

(b) A conviction rendered after the commission of the instant crime;

(c) A conviction that is the defendant's most recent conviction described in subsection (2) of this section, and the defendant was finally and unconditionally discharged from all resulting imprisonment, probation or parole more than seven years before the commission of the instant crime; or

(d) A conviction that was by court-martial of an offense denounced only by military law and triable only by court-martial.

(4) As used in this section, “conviction” means an adjudication of guilt upon a plea, verdict or finding in a criminal proceeding in a court of competent jurisdiction, but does not include an adjudication which has been expunged by pardon, reversed, set aside or otherwise rendered nugatory.

CREDIT(S)

Laws 1971, c. 743, § 85; Laws 1989, c. 790, § 75; Laws 1993, c. 334, § 5; Laws 2005, c. 463, §§ 9, 14, eff. July 7, 2005; Laws 2007, c. 16, § 4, eff. Jan. 1, 2008.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.735

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Authority of Sentencing Court

161.735. Determination of whether defendant is dangerous

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

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

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

(4) No statement made by a defendant under this section or ORS 137.124 or 423.090 shall be used against the defendant in any civil proceeding or in any other criminal proceeding.

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

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

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

(a) A copy of the judicial record of the conviction which copy is authenticated under ORS 40.510;

(b) A copy of the fingerprints of the subject of that conviction which copy is authenticated under ORS 40.510; and

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

(9) The facts required to be found to sentence a defendant as a dangerous offender under this section are enhancement facts, as defined in ORS 136.760, and ORS 136.765 to 136.785 apply to making determinations of those facts.

CREDIT(S)

Laws 1971, c. 743, § 86; Laws 1973, c. 836, § 341; Laws 1981, c. 892, § 89a; Laws 1983, c. 740, § 27; Laws 1987, c. 248, § 1; Laws 1999, c. 163, § 9; Laws 2005, c. 463, §§ 10, 15, eff. July 7, 2005; Laws 2007, c. 16, § 5, eff. Jan. 1, 2008.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 161.737

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 161. General Provisions (Refs & Annos)

Authority of Sentencing Court

161.737. Dangerous offender; sentence as departure from guidelines

(1) A sentence imposed under ORS 161.725 and 161.735 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 and 161.735 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, 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 and 161.735 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 is not subject to any guideline rule establishing limitations on the duration of departures.

CREDIT(S)

Laws 1989, c. 790, § 77; Laws 1993, c. 334, § 6.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. T. 16, Ch. 162, Refs & Annos

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.005

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Definitions

162.005. Definitions

As used in ORS 162.005 to 162.425, unless the context requires otherwise:

(1) “Pecuniary benefit” means gain or advantage to the beneficiary or to a third person pursuant to the desire or consent of the beneficiary, in the form of money, property, commercial interests or economic gain, but does not include a political campaign contribution reported in accordance with ORS chapter 260.

(2) “Public servant” means:

(a) A public official as defined in ORS 244.020;

(b) A person serving as an advisor, consultant or assistant at the request or direction of the state, any political subdivision thereof or of any governmental instrumentality within the state;

(d) Jurors.

CREDIT(S)

Laws 1971, c. 743, § 178; Laws 2007, c. 865, § 22, eff. Jan. 1, 2008.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.010

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Definitions

162.010. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. T. 16, Ch. 162, Refs & Annos

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice

Bribery

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.015

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Bribery (Refs & Annos)

162.015. Bribe giving

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

(2) Bribe giving is a Class B felony.

CREDIT(S)

Laws 1971, c. 743, § 179.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.020

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Bribery (Refs & Annos)

162.020. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.025

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Bribery (Refs & Annos)

162.025. Bribe receiving

(1) A public servant commits the crime of bribe receiving if the public servant:

(a) Solicits any pecuniary benefit with the intent that the vote, opinion, judgment, action, decision or exercise of discretion as a public servant will thereby be influenced; or

(b) Accepts or agrees to accept any pecuniary benefit upon an agreement or understanding that the vote, opinion, judgment, action, decision or exercise of discretion as a public servant will thereby be influenced.

(2) Bribe receiving is a Class B felony.

CREDIT(S)

Laws 1971, c. 743, § 180.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.030

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Bribery (Refs & Annos)

162.030. Amended by Laws 1963, c. 625, § 3; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.035

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Bribery (Refs & Annos)

162.035. Bribery defenses

(1) In any prosecution under ORS 162.015, it is a defense that the defendant offered, conferred or agreed to confer the pecuniary benefit as a result of the public servant's conduct constituting extortion or coercion.

(2) It is no defense to a prosecution under ORS 162.015 and 162.025 that the person sought to be influenced was not qualified to act in the desired way, whether because the person had not assumed office, lacked jurisdiction or for any other reason.

CREDIT(S)

Laws 1971, c. 743, § 181.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.040

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Bribery (Refs & Annos)

162.040. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.055

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Perjury and Related Offenses

162.055. Definitions

As used in ORS 162.055 to 162.425 and 162.465, unless the context requires otherwise:

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

(2) “Material” means that which could have affected the course or outcome of any proceeding or transaction. Whether a false statement is “material” in a given factual situation is a question of law.

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

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

CREDIT(S)

Laws 1971, c. 743, § 182; Laws 1981, c. 892, § 90; Laws 2003, c. 194, § 4.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.065

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Perjury and Related Offenses

162.065. Perjury

(1) A person commits the crime of perjury if the person makes a false sworn statement in regard to a material issue, knowing it to be false.

(2) Perjury is a Class C felony.

CREDIT(S)

Laws 1971, c. 743, § 183.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.075

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Perjury and Related Offenses

162.075. False swearing

(1) A person commits the crime of false swearing if the person makes a false sworn statement, knowing it to be false.

(2) False swearing is a Class A misdemeanor.

CREDIT(S)

Laws 1971, c. 743, § 184.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.085

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Perjury and Related Offenses

162.085. Unsworn falsification

(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.

CREDIT(S)

Laws 1971, c. 743, § 185.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.095

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Perjury and Related Offenses

162.095. Defenses to perjury and false swearing

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

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

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

(3) The defendant mistakenly believed the false statement to be immaterial.

CREDIT(S)

Laws 1971, c. 743, § 186.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.105

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Perjury and Related Offenses

162.105. Retraction

(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

(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.

CREDIT(S)

Laws 1971, c. 743, § 187.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.110

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Perjury and Related Offenses

162.110. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.115

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Perjury and Related Offenses

162.115. Contradiction by single witness

In any prosecution for perjury or false swearing, falsity of a statement may not be established solely through contradiction by the testimony of a single witness.

CREDIT(S)

Laws 1971, c. 743, § 188.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.117

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Perjury and Related Offenses

162.117. Public investment fraud

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

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

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

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

CREDIT(S)

Laws 1993, c. 768, § 1.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.118

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Perjury and Related Offenses

162.118. Illegal conduct by State Treasury

Illegal conduct by the State Treasury or any of its employees or agents shall not be a defense for any person charged with the crime of public investment fraud or to any person against whom any civil action is brought under ORS 30.862 and 162.117 to 162.121.

CREDIT(S)

Laws 1993, c. 768, § 2.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.119

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Perjury and Related Offenses

162.119. Public investment fraud as racketeering activity

(1) Conduct constituting a violation of ORS 162.117 shall be an incident of racketeering activity for purposes of criminal actions brought under ORS 166.715 to 166.735.

(2) Conduct giving rise to the civil cause of action described in ORS 30.862 shall be an incident of racketeering activity for purposes of civil actions brought under ORS 166.715 to 166.735.

CREDIT(S)

Laws 1993, c. 768, § 3.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.120

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Perjury and Related Offenses

162.120. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.121

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Perjury and Related Offenses

162.121. Liberal construction

The provisions of ORS 30.862 and 162.117 to 162.121 shall be liberally construed to effectuate its remedial purposes.

CREDIT(S)

Laws 1993, c. 768, § 5.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.130

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Perjury and Related Offenses

162.130. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. T. 16, Ch. 162, Refs & Annos

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice

Escape, Supplying Contraband and Failure to Appear

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.135

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Escape, Supplying Contraband and Failure to Appear (Refs & Annos)

162.135. Definitions

As used in ORS 162.135 to 162.205, unless the context requires otherwise:

(1)(a) “Contraband” means:

(A) Controlled substances as defined in ORS 475.005;

(B) Drug paraphernalia as defined in ORS 475.525;

(C) Except as otherwise provided in paragraph (b) of this subsection, currency possessed by or in the control of an inmate confined in a correctional facility; or

(D) Any article or thing which a person confined in a correctional facility, youth correction facility or state hospital is prohibited by statute, rule or order from obtaining or possessing, and whose use would endanger the safety or security of such institution or any person therein.

(b) “Contraband” does not include authorized currency possessed by an inmate in a work release facility.

(2) “Correctional facility” means any place used for the confinement of persons charged with or convicted of a crime or otherwise confined under a court order and includes but is not limited to a youth correction facility. “Correctional facility” applies to a state hospital or a secure intensive community inpatient facility only as to persons detained therein charged with or convicted of a crime, or detained therein after having been found guilty except for insanity of a crime under ORS 161.290 to 161.370.

(3) “Currency” means paper money and coins that are within the correctional institution.

(4) “Custody” means the imposition of actual or constructive restraint by a peace officer pursuant to an arrest or court order, but does not include detention in a correctional facility, youth correction facility or a state hospital.

(5) “Escape” means the unlawful departure of a person from custody or a correctional facility. “Escape” includes the unauthorized departure or absence from this state or failure to return to this state by a person who is under the jurisdiction of the Psychiatric Security Review Board or under the jurisdiction of the Oregon Health Authority under ORS 161.315 to 161.351. “Escape” does not include failure to comply with provisions of a conditional release in ORS 135.245.

(6) “Youth correction facility” means:

(a) A youth correction facility as defined in ORS 420.005; and

(b) A detention facility as defined in ORS 419A.004.

(7) “State hospital” means the Oregon State Hospital, Blue Mountain Recovery Center and any other hospital established by law for similar purposes.

(8) “Unauthorized departure” means the unauthorized departure of a person confined by court order in a youth correction facility or a state hospital that, because of the nature of the court order, is not a correctional facility as defined in this section, or the failure to return to custody after any form of temporary release or transitional leave from a correctional facility.

CREDIT(S)

Laws 1971, c. 743, § 189; Laws 1973, c. 836, § 342; Laws 1983, c. 740, § 28; Laws 1983, c. 815, § 7; Laws 1985, c. 565, § 16; Laws 1989, c. 790, § 53; Laws 1991, c. 809, § 1; Laws 1993, c. 33, § 307; Laws 1995, c. 738, § 2; Laws 1997, c. 249, § 47; Laws 1999, c. 504, § 1; Laws 2001, c. 295, § 8; Laws 2001, c. 900, § 24; Laws 2005, c. 685, § 10, eff. Aug. 2, 2005; Laws 2007, c. 14, § 3, eff. March 29, 2007; Laws 2011, c. 708, § 21, eff. Aug. 2, 2011, operative Jan. 1, 2012; Laws 2013, c. 36, § 36, eff. April 11, 2013.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.140

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Escape, Supplying Contraband and Failure to Appear (Refs & Annos)

162.140. Laws 1959, c. 307, § 1; Laws 1961, c. 312, § 1; Laws 1963, c. 499, § 9; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.145

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Escape, Supplying Contraband and Failure to Appear (Refs & Annos)

162.145. Escape in the third degree

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

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

(3) Escape in the third degree is a Class A misdemeanor.

CREDIT(S)

Laws 1971, c. 743, § 190.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.150

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Escape, Supplying Contraband and Failure to Appear (Refs & Annos)

162.150. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.155

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Escape, Supplying Contraband and Failure to Appear (Refs & Annos)

162.155. Escape in the second degree

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

(a) The person uses or threatens to use physical force escaping from custody; or

(b) Having been convicted or found guilty of a felony, the person escapes from custody imposed as a result thereof; or

(d) While under the jurisdiction of the Psychiatric Security Review Board or under the jurisdiction of the Oregon Health Authority under ORS 161.315 to 161.351, the person departs, is absent from or fails to return to this state without authorization of the board.

(2) Escape in the second degree is a Class C felony.

CREDIT(S)

Laws 1971, c. 743, § 191; Laws 1983, c. 800, § 13; Laws 1985, c. 192, § 1; Laws 2011, c. 708, § 22, eff. Aug. 2, 2011, operative Jan. 1, 2012.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.160

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Escape, Supplying Contraband and Failure to Appear (Refs & Annos)

162.160. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.165

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Escape, Supplying Contraband and Failure to Appear (Refs & Annos)

162.165. Escape in the first degree

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

(a) Aided by another person actually present, the person uses or threatens to use physical force in escaping from custody or a correctional facility; or

(b) The person uses or threatens to use a dangerous or deadly weapon escaping from custody or a correctional facility.

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

CREDIT(S)

Laws 1971, c. 743, § 192.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.175

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Escape, Supplying Contraband and Failure to Appear (Refs & Annos)

162.175. Unauthorized departure

(1) A person commits the crime of unauthorized departure if:

(a) The person makes an unauthorized departure; or

(b) Not being an inmate therein, the person aids another in making or attempting to make an unauthorized departure.

(2) Unauthorized departure is a Class A misdemeanor.

CREDIT(S)

Laws 1971, c. 743, § 193; Laws 1983, c. 815, § 8; Laws 1989, c. 790, § 54.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.185

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Escape, Supplying Contraband and Failure to Appear (Refs & Annos)

162.185. Supplying contraband

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

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

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

(2) Supplying contraband is a Class C felony.

CREDIT(S)

Laws 1971, c. 743, § 194; Laws 1983, c. 815, § 9; Laws 1997, c. 249, § 48.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.193

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Escape, Supplying Contraband and Failure to Appear (Refs & Annos)

162.193. Failure to appear; counsel for defendant as witness

In no prosecution under ORS 162.195 or 162.205 shall counsel representing the defendant on the underlying charge for which the defendant is alleged to have failed to appear be called to testify by the state as a witness against the defendant at any stage of the proceedings including, but not limited to, grand jury, preliminary hearing and trial. However, upon written motion by the state, and upon hearing the matter, if the court determines that no other reasonably adequate means exists to present evidence establishing the material elements of the charge, the counsel representing the defendant may be called to testify.

CREDIT(S)

Laws 1989, c. 759, § 2.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.195

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Escape, Supplying Contraband and Failure to Appear (Refs & Annos)

162.195. Failure to appear in the second degree

(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 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.

CREDIT(S)

Laws 1971, c. 743, § 195; Laws 1973, c. 836, § 343; Laws 1993, c. 533, § 5;Laws 1999, c. 1051, § 69; Laws 2001, c. 517, § 3; Laws 2003, c. 320, § 1.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.205

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Escape, Supplying Contraband and Failure to Appear (Refs & Annos)

162.205. Failure to appear in the first degree

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

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

(2) Failure to appear in the first degree is a Class C felony.

CREDIT(S)

Laws 1971, c. 743, § 196; Laws 1973, c. 836, § 344; Laws 2001, c. 517, § 4; Laws 2003, c. 320, § 2.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.210

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Escape, Supplying Contraband and Failure to Appear (Refs & Annos)

162.210. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.220

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Escape, Supplying Contraband and Failure to Appear (Refs & Annos)

162.220. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.225

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Obstructing Governmental Administration

162.225. Definitions

As used in ORS 162.225 to 162.375 and 162.465, unless the context requires otherwise:

(1) “Firefighter” means any fire or forestry department employee, or authorized fire department volunteer, vested with the duty of preventing or combating fire or preventing the loss of life or property by fire.

(2) “Official proceeding” 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.

(3) “Physical evidence” means any article, object, record, document or other evidence of physical substance.

(4) “Public record” means any book, document, paper, file, photograph, sound recording, computerized recording in machine storage, records or other materials, regardless of physical form or characteristic, made, received, filed or recorded in any government office or agency pursuant to law or in connection with the transaction of public business, whether or not confidential or restricted in use.

(5) “Testimony” means oral or written statements that may be offered by a witness in an official proceeding.

CREDIT(S)

Laws 1971, c. 743, § 197; Laws 1991, c. 67, § 34.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.230

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Obstructing Governmental Administration

162.230. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.235

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Obstructing Governmental Administration

162.235. Obstructing governmental or judicial administration

(1) A person commits the crime of obstructing governmental or judicial administration if the person intentionally obstructs, impairs or hinders the administration of law or other governmental or judicial function by means of intimidation, force, physical or economic interference or obstacle.

(2) This section shall not apply to the obstruction of unlawful governmental or judicial action or interference with the making of an arrest.

(3) Obstructing governmental or judicial administration is a Class A misdemeanor.

CREDIT(S)

Laws 1971, c. 743, § 198; Laws 1981, c. 902, § 1.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.240

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Obstructing Governmental Administration

162.240. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.245

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Obstructing Governmental Administration

162.245. Refusing to assist a peace officer

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

(2) Refusing to assist a peace officer is a Class B violation.

CREDIT(S)

Laws 1971, c. 743, § 199; Laws 1999, c. 1051, § 150.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.247

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Obstructing Governmental Administration

162.247. Interfering with a peace officer

(1) A person commits the crime of interfering with a peace officer or parole and probation officer if the person, knowing that another person is a peace officer or a parole and probation officer as defined in ORS 181.610:

(a) Intentionally acts in a manner that prevents, or attempts to prevent, a peace officer or parole and probation officer from performing the lawful duties of the officer with regards to another person; or

(b) Refuses to obey a lawful order by the peace officer or parole and probation officer.

(2) Interfering with a peace officer or parole and probation officer is a Class A misdemeanor.

(3) This section does not apply in situations in which the person is engaging in:

(a) Activity that would constitute resisting arrest under ORS 162.315; or

(b) Passive resistance.

CREDIT(S)

Laws 1997, c. 719, § 1; Laws 1999, c. 1040, § 7; Laws 2005, c. 668, § 1.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.255

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Obstructing Governmental Administration

162.255. Refusing to assist in fire-fighting operations

(1) A person commits the offense of refusing to assist in fire-fighting operations if:

(a) Upon command by a person known by the person to be a firefighter the person unreasonably refuses or fails to assist in extinguishing a fire or protecting property threatened thereby; or

(b) Upon command by a person known by the person to be a firefighter or peace officer the person intentionally and unreasonably disobeys a lawful order relating to the conduct of the person in the vicinity of a fire.

(2) Subsection (1) of this section does not apply to a person working for a news organization if the person is reporting on the fire and the person does not unreasonably interfere with fire-fighting operations.

(3) Refusing to assist in fire-fighting operations is a Class B violation.

CREDIT(S)

Laws 1971, c. 743, § 200; Laws 1991, c. 67, § 35; Laws 1999, c. 1051, § 151; Laws 2005, c. 626, § 1.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.257

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Obstructing Governmental Administration

162.257. Interfering with a firefighter or emergency medical services provider

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

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

(3) As used in this section, “emergency medical services provider” has the meaning given that term in ORS 682.025.

CREDIT(S)

Laws 2003, c. 529, § 2; Laws 2011, c. 703, § 26, eff. Jan. 1, 2012.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.265

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Obstructing Governmental Administration

162.265. Bribing a witness

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

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

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

(2) Bribing a witness is a Class C felony.

CREDIT(S)

Laws 1971, c. 743, § 201.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.275

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Obstructing Governmental Administration

162.275. Bribe receiving by a witness

(1) A witness in any official proceeding, or a person who believes the person may be called as a witness, commits the crime of bribe receiving by a witness if the person solicits any pecuniary benefit with the intent, or accepts or agrees to accept any pecuniary benefit upon an agreement or understanding, that:

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

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

(2) Bribe receiving by a witness is a Class C felony.

CREDIT(S)

Laws 1971, c. 743, § 202.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.285

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Obstructing Governmental Administration

162.285. Tampering with a witness

(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.

CREDIT(S)

Laws 1971, c. 743, § 203; Laws 1979, c. 231, § 1.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.295

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Obstructing Governmental Administration

162.295. Tampering with physical evidence

(1) A person commits the crime of tampering with physical evidence if, with intent that it be used, introduced, rejected or unavailable in an official proceeding which is then pending or to the knowledge of such person is about to be instituted, the person:

(a) Destroys, mutilates, alters, conceals or removes physical evidence impairing its verity or availability; or

(b) Knowingly makes, produces or offers any false physical evidence; or

(2) Tampering with physical evidence is a Class A misdemeanor.

CREDIT(S)

Laws 1971, c. 743, § 204.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.305

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Obstructing Governmental Administration

162.305. Tampering with public records

(1) A person commits the crime of tampering with public records if, without lawful authority, the person knowingly destroys, mutilates, conceals, removes, makes a false entry in or falsely alters any public record, including records relating to the Oregon State Lottery.

(2)(a) Except as provided in paragraph (b) of this subsection, tampering with public records is a Class A misdemeanor.

(b) Tampering with records relating to the Oregon State Lottery is a Class C felony.

CREDIT(S)

Laws 1971, c. 743, § 205; Laws 1991, c. 962, § 16.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.310

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Obstructing Governmental Administration

162.310. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.315

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Obstructing Governmental Administration

162.315. Resisting arrest

(1) A person commits the crime of resisting arrest if the person intentionally resists a person known by the person to be a peace officer or parole and probation officer in making an arrest.

(2) As used in this section:

(a) “Arrest” has the meaning given that term in ORS 133.005 and includes, but is not limited to, the booking process.

(b) “Parole and probation officer” has the meaning given that term in ORS 181.610.

(c) “Resists” means the use or threatened use of violence, physical force or any other means that creates a substantial risk of physical injury to any person and includes, but is not limited to, behavior clearly intended to prevent being taken into custody by overcoming the actions of the arresting officer. The behavior does not have to result in actual physical injury to an officer. Passive resistance does not constitute behavior intended to prevent being taken into custody.

(3) It is no defense to a prosecution under this section that the peace officer or parole and probation officer lacked legal authority to make the arrest or book the person, provided the officer was acting under color of official authority.

(4) Resisting arrest is a Class A misdemeanor.

CREDIT(S)

Laws 1971, c. 743, § 206; Laws 1989, c. 877, § 1; Laws 1997, c. 749, § 3; Laws 2005, c. 668, § 2.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.320

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Obstructing Governmental Administration

162.320. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.322

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Obstructing Governmental Administration

162.322. Laws 1961, c. 649, § 1; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.324

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Obstructing Governmental Administration

162.324. Laws 1961, c. 649, § 2; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.325

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Obstructing Governmental Administration

162.325. Hindering prosecution

(1) A person commits the crime of hindering prosecution if, with intent to hinder the apprehension, prosecution, conviction or punishment of a person who has committed a crime punishable as a felony, or with the intent to assist a person who has committed a crime punishable as a felony in profiting or benefiting from the commission of the crime, the person:

(a) Harbors or conceals such person; or

(b) Warns such person of impending discovery or apprehension; or

(c) Provides or aids in providing such person with money, transportation, weapon, disguise or other means of avoiding discovery or apprehension; or

(d) Prevents or obstructs, by means of force, intimidation or deception, anyone from performing an act which might aid in the discovery or apprehension of such person; or

(e) Suppresses by any act of concealment, alteration or destruction physical evidence which might aid in the discovery or apprehension of such person; or

(f) Aids such person in securing or protecting the proceeds of the crime.

(2) Hindering prosecution is a Class C felony.

CREDIT(S)

Laws 1971, c. 743, § 207.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.326

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Obstructing Governmental Administration

162.326. Laws 1961, c. 649, § 3; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.330

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Obstructing Governmental Administration

162.330. Amended by Laws 1961, c. 649, § 4; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.335

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Obstructing Governmental Administration

162.335. Compounding

(1) A person commits the crime of compounding if the person accepts or agrees to accept any pecuniary benefit as consideration for refraining from reporting to law enforcement authorities the commission or suspected commission of any felony or information relating to a felony.

(2) Compounding is a Class A misdemeanor.

CREDIT(S)

Laws 1971, c. 743, § 208.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.340

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Obstructing Governmental Administration

162.340. Amended by Laws 1955, c. 660, § 21; Laws 1961, c. 649, § 5; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.345

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Obstructing Governmental Administration

162.345. Hindering or compounding; defenses

It is no defense to a prosecution for hindering prosecution or compounding that the principal offender is not apprehended, prosecuted, convicted or punished.

CREDIT(S)

Laws 1971, c. 743, § 209.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.350

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Obstructing Governmental Administration

162.350. Amended by Laws 1955, c. 660, § 22; repealed by Laws 1961, c. 649, § 9

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.355

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Obstructing Governmental Administration

162.355. Simulating legal process

(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;

(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, 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.

CREDIT(S)

Laws 1971, c. 743, § 210; Laws 1997, c. 395, § 1; Laws 2005, c. 2, § 1.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.360

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Obstructing Governmental Administration

162.360. Repealed by Laws 1961, c. 649, § 9

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.365

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Obstructing Governmental Administration

162.365. Criminal impersonation

(1) A person commits the crime of criminal impersonation 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) A public servant; or

(b) An active member or veteran of the Armed Forces of the United States.

(2) It is no defense to a prosecution for criminal impersonation 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)(a) Criminal impersonation is a Class A misdemeanor.

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

CREDIT(S)

Laws 1971, c. 743, § 211; Laws 1993, c. 243, § 1; Laws 1997, c. 395, § 2; Laws 2003, c. 577, § 12; Laws 2007, c. 510, § 1, eff. Jan. 1, 2008.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.367

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Obstructing Governmental Administration

162.367. Criminal impersonation of peace officer

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

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

(3) As used in this section:

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

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

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

(b) “Law enforcement uniform” means clothing bearing words such as “police,” “sheriff,” “state trooper” or “law enforcement,” or clothing that is an official uniform or substantially similar to an official uniform of a law enforcement unit that would make it reasonably likely that a person would believe that the wearer is a peace officer.

CREDIT(S)

Laws 1993, c. 243, § 2; Laws 2005, c. 259, § 1.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.369

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Obstructing Governmental Administration

162.369. Possession of false law enforcement identification card

(1) A person commits the crime of possession of a false law enforcement identification card if the person possesses a false law enforcement identification card.

(2) Possession of a false law enforcement identification card is a Class A misdemeanor.

(3) As used in this section, “false law enforcement identification card” means an identification card that:

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

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

CREDIT(S)

Laws 1993, c. 243, § 3.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.370

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Obstructing Governmental Administration

162.370. Repealed by Laws 1961, c. 649, § 9

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.375

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Obstructing Governmental Administration

162.375. Initiating a false report

(1) A person commits the crime of initiating a false report if the person knowingly initiates a false alarm or report which 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 C misdemeanor.

CREDIT(S)

Laws 1971, c. 743, § 212.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.380

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Obstructing Governmental Administration

162.380. Amended by Laws 1953, c. 531, § 2; Laws 1955, c. 660, § 23; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.385

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Obstructing Governmental Administration

162.385. Giving false information to police officer; citations and arrest warrants

(1) A person commits the crime of giving false information to a peace officer for issuance or service of a citation or for an arrest on a warrant if the person knowingly uses or gives a false or fictitious name, address or date of birth to any peace officer for the purpose of:

(a) The officer's issuing or serving the person a citation under authority of ORS 133.055 to 133.076 or ORS chapter 153; or

(b) The officer's arresting the person on a warrant.

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

CREDIT(S)

Laws 1983, c. 661, § 11; Laws 1999, c. 1051, § 70; Laws 2003, c. 777, § 1; Laws 2007, c. 771, § 1, eff. Jan. 1, 2008.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.390

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Obstructing Governmental Administration

162.390. Amended by Laws 1955, c. 660, § 24; repealed by Laws 1961, c. 649, § 9

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.400

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Obstructing Governmental Administration

162.400. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.405

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Abuse of Public Office

162.405. Official misconduct in the second degree

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

(2) Official misconduct in the second degree is a Class C misdemeanor.

CREDIT(S)

Laws 1971, c. 743, § 214.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.410

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Abuse of Public Office

162.410. Repealed by Laws 1961, c. 649, § 9

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.415

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Abuse of Public Office

162.415. Official misconduct in the first degree

(1) A public servant commits the crime of official misconduct in the first degree if with intent to obtain a benefit or to harm another:

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

(b) The public servant knowingly performs an act constituting an unauthorized exercise in official duties.

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

CREDIT(S)

Laws 1971, c. 743, § 215.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.420

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Abuse of Public Office

162.420. Repealed by Laws 1961, c. 649, § 9

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.425

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Abuse of Public Office

162.425. Misuse of confidential information

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

(2) Misuse of confidential information is a Class B misdemeanor.

CREDIT(S)

Laws 1971, c. 743, § 216.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.430

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Abuse of Public Office

162.430. Amended by Laws 1961, c. 649, § 6; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.440

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Abuse of Public Office

162.440. Amended by Laws 1961, c. 649, § 7; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.450

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Abuse of Public Office

162.450. Laws 1965, c. 447, §§ 8, 9; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.455

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Interference with Legislative Operations

162.455. Interfering with conduct of legislative business

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

CREDIT(S)

Laws 1971, c. 276, § 1.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.465

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Interference with Legislative Operations

162.465. Unlawful legislative lobbying

(1) A person commits the crime of unlawful legislative lobbying if, having an interest in the passage or defeat of a measure being considered by either house of the Legislative Assembly of this state, as either an agent or principal, the person knowingly attempts to influence a member of the assembly in relation to the measure without first disclosing completely to the member the true interest of the person therein, or that of the principal of the person and the person's own agency therein.

(2) Unlawful legislative lobbying is a Class B misdemeanor.

CREDIT(S)

Laws 1971, c. 743, § 213.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.510

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Interference with Legislative Operations

162.510. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.520

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Interference with Legislative Operations

162.520. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.530

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Interference with Legislative Operations

162.530. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.540

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Interference with Legislative Operations

162.540. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.550

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Interference with Legislative Operations

162.550. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.560

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Interference with Legislative Operations

162.560. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.570

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Interference with Legislative Operations

162.570. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.580

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Interference with Legislative Operations

162.580. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.590

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Interference with Legislative Operations

162.590. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.600

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Interference with Legislative Operations

162.600. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.610

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Interference with Legislative Operations

162.610. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.620

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Interference with Legislative Operations

162.620. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.630

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Interference with Legislative Operations

162.630. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.640

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Interference with Legislative Operations

162.640. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.650

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Interference with Legislative Operations

162.650. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.655

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Interference with Legislative Operations

162.655. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.660

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Interference with Legislative Operations

162.660. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.670

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Interference with Legislative Operations

162.670. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.680

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Interference with Legislative Operations

162.680. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.690

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Interference with Legislative Operations

162.690. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.700

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Interference with Legislative Operations

162.700. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.710

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Interference with Legislative Operations

162.710. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.720

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Interference with Legislative Operations

162.720. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.730

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Interference with Legislative Operations

162.730. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 162.740

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 162. Offenses Against the State and Public Justice (Refs & Annos)

Interference with Legislative Operations

162.740. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. T. 16, Ch. 163, Refs & Annos

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. T. 16, Ch. 163, Refs & Annos

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons

Homicide

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.005

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Homicide (Refs & Annos)

163.005. Criminal homicide

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

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

(3) “Human being” means a person who has been born and was alive at the time of the criminal act.

CREDIT(S)

Laws 1971, c. 743, § 87; Laws 2007, c. 867, § 4, eff. Jan. 1, 2008.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.010

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Homicide (Refs & Annos)

163.010. Amended by Laws 1963, c. 625, § 4; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.020

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Homicide (Refs & Annos)

163.020. Amended by Laws 1963, c. 625; § 5; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.030

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Homicide (Refs & Annos)

163.030. Repealed by Laws 1963, c. 431, § 1

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.040

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Homicide (Refs & Annos)

163.040. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.050

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Homicide (Refs & Annos)

163.050. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.060

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Homicide (Refs & Annos)

163.060. Repealed by Laws 1969, c. 684, § 17

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.070

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Homicide (Refs & Annos)

163.070. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.080

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Homicide (Refs & Annos)

163.080. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.090

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Homicide (Refs & Annos)

163.090. Amended by Laws 1953, c. 676, § 2; repealed by Laws 1957, c. 396, § 1 (163.091 enacted in lieu of 163.090)

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.091

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Homicide (Refs & Annos)

163.091. Laws 1957, c. 396, § 2 (enacted in lieu of 163.090); repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.095

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Homicide (Refs & Annos)

163.095. Aggravated murder

As used in ORS 163.105 and this section, “aggravated murder” means murder as defined in ORS 163.115 which is committed under, or accompanied by, any of the following circumstances:

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

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

(c) The defendant committed murder after having been convicted previously in any jurisdiction of any homicide, the elements of which constitute the crime of murder as defined in ORS 163.115 or manslaughter in the first degree as defined in ORS 163.118.

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

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

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

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

(A) A police officer as defined in ORS 181.610;

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

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

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

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

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

(H) A liquor enforcement inspector.

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

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

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

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

CREDIT(S)

Laws 1977, c. 370, § 1; Laws 1981, c. 873, § 1; Laws 1991, c. 742, § 13; Laws 1991, c. 837, § 12; Laws 1993, c. 185, § 20; Laws 1993, c. 623, § 2; Laws 1997, c. 850, § 1; Laws 2005, c. 264, § 17, eff. June 20, 2005; Laws 2012, c. 54, § 26, eff. March 16, 2012.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.100

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Homicide (Refs & Annos)

163.100. Amended by Laws 1967, c. 372, § 12; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.103

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Homicide (Refs & Annos)

163.103. Aggravated murder; prior convictions, pleading and proof

(1) In a prosecution for aggravated murder under ORS 163.095 (1)(c), the state shall plead the previous conviction, and shall prove the previous conviction unless the defendant stipulates to that fact prior to trial. If the defendant so stipulates and the trial is by jury:

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

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

(c) For the purpose of establishing the prior conviction solely as an element of the crime under ORS 163.095 (1)(c), neither the court nor the state shall reveal to the jury the previous conviction, but the previous conviction is established in the record by the defendant's stipulation; and

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

(2) In a proceeding under ORS 163.095 (1)(c), the state may offer, and the court may receive and submit to the jury, evidence of the previous conviction for impeachment of the defendant or another purpose, other than establishing the conviction as an element of the offense, when the evidence of the previous conviction is otherwise admissible for that purpose. When evidence of the previous conviction has been admitted by the court, the state may comment upon, and the court may give instructions about, the evidence of the previous conviction only to the extent that the comments or instructions relate to the purpose for which the evidence was admitted.

(3) When the defendant stipulates to the prior conviction required as an element of aggravated murder under ORS 163.095 (1)(c), if the jury finds the defendant guilty upon instruction regarding the balance of the elements of the crime, the court shall enter a judgment of guilty of aggravated murder.

CREDIT(S)

Laws 1981, c. 873, § 3.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.105

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Homicide (Refs & Annos)

163.105. Sentencing for aggravated murder

Notwithstanding the provisions of ORS chapter 144 and ORS 421.450 to 421.490:

(1)(a) Except as otherwise provided in ORS 137.700, when a defendant is convicted of aggravated murder as defined by ORS 163.095, the defendant shall be sentenced, pursuant to ORS 163.150, to death, life imprisonment without the possibility of release or parole or life imprisonment.

(b) A person sentenced to life imprisonment without the possibility of release or parole under this section shall not have that sentence suspended, deferred or commuted by any judicial officer, and the State Board of Parole and Post-Prison Supervision may not parole the prisoner nor reduce the period of confinement in any manner whatsoever. The Department of Corrections or any executive official may not permit the prisoner to participate in any sort of release or furlough program.

(c) If sentenced to life imprisonment, the court shall order that the defendant shall be confined for a minimum of 30 years without possibility of parole, release to post-prison supervision, release on work release or any form of temporary leave or employment at a forest or work camp.

(2) At any time after completion of a minimum period of confinement pursuant to subsection (1)(c) of this section, the State Board of Parole and Post-Prison Supervision, upon the petition of a prisoner so confined, shall hold a hearing to determine if the prisoner is likely to be rehabilitated within a reasonable period of time. The sole issue is whether or not the prisoner is likely to be rehabilitated within a reasonable period of time. At the hearing, the prisoner has:

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

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

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

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

(4) If the board denies the relief sought in the petition, the board shall determine the date of the subsequent hearing, and the prisoner may petition for an interim hearing, in accordance with ORS 144.285.

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

CREDIT(S)

Laws 1977, c. 370, § 2; Laws 1981, c. 873, § 4; Laws 1985, c. 3, § 1; Laws 1987, c. 158, § 23; Laws 1987, c. 803, § 20; Laws 1989, c. 720, § 1; Laws 1991, c. 126, § 8; Laws 1995, c. 421, § 2; Laws 1999, c. 59, § 31; Laws 1999, c. 782, § 5; Laws 2007, c. 717, § 1, eff. June 28, 2007; Laws 2009, c. 660, § 6, eff. July 1, 2009.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.110

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Homicide (Refs & Annos)

163.110. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.115

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Homicide (Refs & Annos)

163.115. Murder, affirmative defenses; felony murder; sentence

(1) Except as provided in ORS 163.118 and 163.125, criminal homicide constitutes murder:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(5)(a) Except as otherwise provided in ORS 163.155, a person convicted of murder, who was at least 15 years of age at the time of committing the murder, shall be punished by imprisonment for life.

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

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

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

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

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

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

(e) If the board denies the relief sought in the petition, the board shall determine the date of the subsequent hearing, and the prisoner may petition for an interim hearing, in accordance with ORS 144.285.

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

(6) As used in this section:

(a) “Assault” means to intentionally, knowingly or recklessly cause physical injury to another person. “Assault” does not include the causing of physical injury in a motor vehicle accident that occurs by reason of the reckless conduct of a defendant.

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

(d) “Torture” means to intentionally inflict intense physical pain upon an unwilling victim as a separate objective apart from any other purpose.

CREDIT(S)

Laws 1971, c. 743, § 88; Laws 1975, c. 577, § 1; Laws 1979, c. 2, § 1; Laws 1981, c. 873, § 5; Laws 1985, c. 763, § 1; Laws 1989, c. 985, § 1; Laws 1993, c. 664, § 1; Laws 1995, c. 421, § 3; Laws 1995, c. 657, § 1; Laws 1997, c. 850, § 2; Laws 1999, c. 782, § 4; Laws 2007, c. 717, § 2, eff. June 28, 2007; Laws 2009, c. 660, § 7, eff. July 1, 2009; Laws 2009, c. 785, § 1, eff. Jan. 1, 2010; Laws 2011, c. 291, § 1, eff. June 9, 2011.

VALIDITY

For validity of this section, see State v. Giles (2012) 254 Or.App. 345, 293 P.3d 1086.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.116

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Homicide (Refs & Annos)

163.116. Laws 1979, c. 2, § 3; repealed by Laws 1981, c. 873, § 9

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.117

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Homicide (Refs & Annos)

163.117. Causing or aiding suicide

It is a defense to a charge of murder that the defendant's conduct consisted of causing or aiding, without the use of duress or deception, another person to commit suicide. Nothing contained in this section shall constitute a defense to a prosecution for, or preclude a conviction of, manslaughter or any other crime.

CREDIT(S)

Laws 1981, c. 873, § 8.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.118

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Homicide (Refs & Annos)

163.118. First degree manslaughter

(1) Criminal homicide constitutes manslaughter in the first degree when:

(a) It is committed recklessly under circumstances manifesting extreme indifference to the value of human life;

(b) It is committed intentionally by a defendant under the influence of extreme emotional disturbance as provided in ORS 163.135, which constitutes a mitigating circumstance reducing the homicide that would otherwise be murder to manslaughter in the first degree and need not be proved in any prosecution;

(c) A person recklessly causes the death of a child under 14 years of age or a dependent person, as defined in ORS 163.205, and:

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

(B) The person causes the death by neglect or maltreatment, as defined in ORS 163.115; or

(d) It is committed recklessly or with criminal negligence by a person operating a motor vehicle while under the influence of intoxicants in violation of ORS 813.010 and:

(A) The person has at least three previous convictions for driving while under the influence of intoxicants under ORS 813.010, or its statutory counterpart in any jurisdiction, in the 10 years prior to the date of the current offense; or

(B)(i) 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

(ii) The victim's serious physical injury in the previous conviction was caused by the person driving a motor vehicle.

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

(a) Assault in the first degree under ORS 163.185;

(b) Assault in the second degree under ORS 163.175; or

(3) Manslaughter in the first degree is a Class A felony.

(4) It is an affirmative defense to a charge of violating:

(a) Subsection (1)(c)(B) of this section that the victim was a dependent person who was at least 18 years of age and was under care or treatment solely by spiritual means pursuant to the religious beliefs or practices of the dependent person or the guardian of the dependent person.

(b) Subsection (1)(d)(B) of this section that the defendant was not under the influence of intoxicants at the time of the conduct that resulted in the previous conviction.

CREDIT(S)

Laws 1975, c. 577, § 2; Laws 1981, c. 873, § 6; Laws 1997, c. 850, § 3; Laws 2007, c. 867, § 2, eff. Jan. 1, 2008; Laws 2011, c. 291, § 2, eff. June 9, 2011.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.120

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Homicide (Refs & Annos)

163.120. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.125

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Homicide (Refs & Annos)

163.125. Second degree manslaughter

(1) Criminal homicide constitutes manslaughter in the second degree when:

(a) It is committed recklessly;

(b) A person intentionally causes or aids another person to commit suicide; or

(c) A person, with criminal negligence, causes the death of a child under 14 years of age or a dependent person, as defined in ORS 163.205, and:

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

(B) The person causes the death by neglect or maltreatment, as defined in ORS 163.115.

(2) Manslaughter in the second degree is a Class B felony.

CREDIT(S)

Laws 1971, c. 743, § 89; Laws 1975, c. 577, § 3; Laws 1997, c. 850, § 4; Laws 1999, c. 954, § 1.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.130

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Homicide (Refs & Annos)

163.130. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.135

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Homicide (Refs & Annos)

163.135. Extreme emotional disturbance; expert testimony; psychiatric examination

(1) It is an affirmative defense to murder for purposes of ORS 163.115 (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) 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.

(3) 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.

(4) 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 unless the court, in its discretion, determines that there was just cause for failure to file notice.

(5) After the defendant files notice as provided in 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.

CREDIT(S)

Laws 1971, c. 743, § 90; Laws 1977, c. 235, § 1; Laws 1981, c. 873, § 7; Laws 2003, c. 127, § 1.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.140

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Homicide (Refs & Annos)

163.140. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.145

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Homicide (Refs & Annos)

163.145. Criminally negligent homicide

(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.

CREDIT(S)

Laws 1971, c. 743, § 91; Laws 2003, c. 815, § 2.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.147

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Homicide (Refs & Annos)

163.147. Classifications of manslaughter and criminally negligent homicide

The Oregon Criminal Justice Commission shall classify manslaughter in the second degree as described in ORS 163.125 and criminally negligent homicide as described in ORS 163.145 as crime category 9 of the sentencing guidelines grid of the commission if:

(1) The manslaughter or criminally negligent homicide resulted from the operation of a motor vehicle; and

(2) The driver of the motor vehicle was driving while under the influence of intoxicants.

CREDIT(S)

Laws 2003, c. 815, § 1, eff. Sept. 25, 2003.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.149

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Homicide (Refs & Annos)

163.149. Aggravated vehicular homicide; defense

(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 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;

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

(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.

CREDIT(S)

Added by Laws 2007, c. 867, § 1, eff. Jan. 1, 2008.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.150

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Homicide (Refs & Annos)

163.150. Sentencing; aggravated murder

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

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

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

(B) Whether there is a probability that the defendant would commit criminal acts of violence that would constitute a continuing threat to society;

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

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

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

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

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

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

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

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

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

(3)(a) When the defendant is found guilty of aggravated murder, and ORS 137.707 (2) applies or the state advises the court on the record that the state declines to present evidence for purposes of sentencing the defendant to death, the court:

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

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

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

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

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

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

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

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

(A) Death;

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

CREDIT(S)

Laws 1985, c. 3, § 3; Laws 1987, c. 320, § 86; Laws 1987, c. 557, § 1; Laws 1989, c. 720, § 2; Laws 1989, c. 790, § 135b; Laws 1991, c. 725, § 2; Laws 1991, c. 885, § 2; Laws 1995, c. 531, § 2; Laws 1995, c. 657, § 23; Laws 1997, c. 784, § 1; Laws 1999, c. 1055, § 1; Laws 2001, c. 306, § 1; Laws 2005, c. 480, § 1.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.155

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Homicide (Refs & Annos)

163.155. Murder conviction of pregnant victim; sentencing

(1) When a defendant, who was at least 15 years of age at the time of committing the murder, is convicted of murdering a pregnant victim under ORS 163.115 (1)(a) and the defendant knew that the victim was pregnant, the defendant shall be sentenced to life imprisonment without the possibility of release or parole or to life imprisonment. The court shall conduct a sentencing proceeding to determine whether the defendant shall be sentenced to life imprisonment without the possibility of release or parole as described in subsection (4) of this section or to life imprisonment as described in subsection (5) of this section. If the defendant waives all rights to a jury sentencing proceeding, the court shall conduct the sentencing proceeding as the trier of fact. The procedure for the sentencing proceeding, whether before a court or a jury, shall follow the procedure of ORS 163.150 (1)(a), as modified by this section.

(2) Following the presentation of evidence and argument under subsection (1) of this section, the court shall instruct the jury that the trial court shall sentence the defendant to life imprisonment without the possibility of release or parole as described in subsection (4) of this section, unless after considering all of the evidence submitted, 10 or more members of the jury find there are sufficient mitigating circumstances to warrant life imprisonment with the possibility of release or parole as described in subsection (5) of this section. If 10 or more members of the jury do not find there are sufficient mitigating circumstances to warrant life imprisonment with the possibility of release or parole, the trial court shall sentence the defendant to life imprisonment without the possibility of release or parole as described in subsection (4) of this section. If 10 or more members of the jury find there are sufficient mitigating circumstances to warrant life imprisonment with the possibility of release or parole, the trial court shall sentence the defendant to life imprisonment as described in subsection (5) of this section.

(3) Nothing in this section precludes the court from sentencing the defendant to life imprisonment, as described in subsection (5) of this section, or life imprisonment without the possibility of release or parole, as described in subsection (4) of this section, pursuant to a stipulation of sentence or stipulation of sentencing facts agreed to and offered by both parties if the defendant waives all rights to a jury sentencing proceeding.

(4) A sentence of life imprisonment without the possibility of release or parole under this section may not be suspended, deferred or commuted by any judicial officer, and the State Board of Parole and Post-Prison Supervision may neither parole the prisoner nor reduce the period of confinement in any manner whatsoever. The Department of Corrections or any executive official may not permit the prisoner to participate in any sort of release or furlough program.

(5) If the defendant is sentenced to life imprisonment, the court shall order that the defendant be confined for a minimum of 30 years without possibility of parole, release to post-prison supervision, release on work release or any form of temporary leave or employment at a forest or work camp.

(6) At any time after completion of the minimum period of confinement pursuant to subsection (5) of this section, the board, upon the petition of a prisoner so confined, shall hold a hearing to determine if the prisoner is likely to be rehabilitated within a reasonable period of time. The sole issue shall be whether the prisoner is likely to be rehabilitated within a reasonable period of time. The proceeding shall be conducted in the manner prescribed for a contested case hearing under ORS chapter 183, except that:

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

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

(c) The prisoner has the right to a subpoena upon a showing of the general relevance and reasonable scope of the evidence sought, provided that any subpoena issued on behalf of the prisoner must be issued by the board pursuant to rules adopted by the board.

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

(8) Not less than two years after the denial of the relief sought in a petition under this section, the prisoner may petition again for a change in the terms of confinement. Further petitions for a change may be filed at intervals of not less than two years thereafter.

CREDIT(S)

Added by Laws 2009, c. 785, § 1a, eff. Jan. 1, 2010.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. T. 16, Ch. 163, Refs & Annos

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons

Assault and Related Offenses

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.160

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Assault and Related Offenses (Refs & Annos)

163.160. Assault in the fourth degree

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

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

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

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

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

(a) The person has previously been convicted of assaulting the same victim;

(b) The person has previously been convicted at least three times under this section or under equivalent laws of another jurisdiction and all of the assaults involved domestic violence, as defined in ORS 135.230;

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

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

(4) For the purposes of subsection (3) of this section, an assault is witnessed if the assault is seen or directly perceived in any other manner by the child.

CREDIT(S)

Laws 1977, c. 297, § 5; Laws 1997, c. 694, § 1; Laws 1999, c. 1073, § 1; Laws 2009, c. 785, § 3, eff. Jan. 1, 2010.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.165

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Assault and Related Offenses (Refs & Annos)

163.165. Assault in the third degree

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

(a) Recklessly causes serious physical injury to another by means of a deadly or dangerous weapon;

(b) Recklessly causes serious physical injury to another under circumstances manifesting extreme indifference to the value of human life;

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

(d) Intentionally, knowingly or recklessly causes, by means other than a motor vehicle, physical injury to the operator of a public transit vehicle while the operator is in control of or operating the vehicle. As used in this paragraph, “public transit vehicle” has the meaning given that term in ORS 166.116;

(e) While being aided by another person actually present, intentionally or knowingly causes physical injury to another;

(f) While committed to a youth correction facility, intentionally or knowingly causes physical injury to another knowing the other person is a staff member while the other person is acting in the course of official duty;

(g) Intentionally, knowingly or recklessly causes physical injury to an emergency medical services provider, as defined in ORS 682.025, while the emergency medical services provider is performing official duties;

(h) Being at least 18 years of age, intentionally or knowingly causes physical injury to a child 10 years of age or younger; or

(i) Intentionally, knowingly or recklessly causes, by means other than a motor vehicle, physical injury to the operator of a taxi while the operator is in control of the taxi.

(2)(a) Assault in the third degree is a Class C felony.

(b) Notwithstanding paragraph (a) of this subsection, assault in the third degree under subsection (1)(a) or (b) of this section is a Class B felony if:

(A) The assault resulted from the operation of a motor vehicle; and

(B) The defendant was the driver of the motor vehicle and was driving while under the influence of intoxicants.

(3) As used in this section:

(a) “Staff member” means:

(A) A corrections officer as defined in ORS 181.610, a youth correction officer, a youth correction facility staff member, 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, inmates, youth or youth offenders; 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, inmates, youth or youth offenders.

(b) “Youth correction facility” has the meaning given that term in ORS 162.135.

CREDIT(S)

Laws 1971, c. 743, § 92; Laws 1977, c. 297, § 3; Laws 1991, c. 475, § 1; Laws 1991, c. 564, § 1; Laws 1995, c. 738, § 1; Laws 1997, c. 249, § 49; Laws 1999, c. 1011, § 1; Laws 2001, c. 104, § 50; Laws 2001, c. 830, § 1; Laws 2001, c. 851, § 4; Laws 2009, c. 660, § 39, eff. July 1, 2009; Laws 2009, c. 783, § 3, eff. Jan. 1, 2010; Laws 2011, c. 529, § 1, eff. Jan. 1, 2012; Laws 2011, c. 703, § 27, eff. Jan. 1, 2012.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.168

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Assault and Related Offenses (Refs & Annos)

163.168. Classification of assault in the third degree

The Oregon Criminal Justice Commission shall classify assault in the third degree that is committed under the circumstances described in ORS 163.165 (2)(b) as crime category 8 of the sentencing guidelines grid of the commission.

CREDIT(S)

Added by Laws 2009, c. 660, § 40, eff. July 1, 2009.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.175

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Assault and Related Offenses (Refs & Annos)

163.175. Assault in the second degree

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

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

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

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

(2) Assault in the second degree is a Class B felony.

CREDIT(S)

Laws 1971, c. 743, § 93; Laws 1975, c. 626, § 1; Laws 1977, c. 297, § 2; Laws 2005, c. 22, § 110.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.185

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Assault and Related Offenses (Refs & Annos)

163.185. Assault in the first degree

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

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

(b) Intentionally or knowingly causes serious physical injury to a child under six years of age;

(d) Intentionally, knowingly or recklessly causes serious physical injury to another while operating a motor vehicle under the influence of intoxicants in violation of ORS 813.010 and:

(B)(i) 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

(ii) The victim's death or serious physical injury in the previous conviction was caused by the person driving a motor vehicle.

(2) The previous convictions to which subsection (1)(d)(B) of this section apply are:

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

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

(d) Assault in the first degree under this section;

(e) Assault in the second degree under ORS 163.175; or

(f) Assault in the third degree under ORS 163.165.

(3) Assault in the first degree is a Class A felony.

(4) It is an affirmative defense to a prosecution under subsection (1)(d)(B) of this section that the defendant was not under the influence of intoxicants at the time of the conduct that resulted in the previous conviction.

CREDIT(S)

Laws 1971, c. 743, § 94; Laws 1975, c. 626, § 2; Laws 1977, c. 297, § 1; Laws 2005, c. 513, § 1; Laws 2007, c. 867, § 3, eff. Jan. 1, 2008; Laws 2009, c. 785, § 2, eff. Jan. 1, 2010.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.187

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Assault and Related Offenses (Refs & Annos)

163.187. Strangulation

(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 or neck 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) 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, unlawfully against another;

(d) The person has been previously convicted of violating this section or of committing an equivalent crime in another jurisdiction;

(e) The person has been previously convicted of violating ORS 163.160, 163.165, 163.175, 163.185 or 163.190 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; or

(f) The person has at least three previous convictions of any combination of ORS 163.160, 163.165, 163.175, 163.185 or 163.190 or of equivalent crimes in other jurisdictions.

(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.

CREDIT(S)

Laws 2003, c. 577, § 2; Laws 2011, c. 666, § 1, eff. Jan. 1, 2012; Laws 2012, c. 82, § 1, eff. March 27, 2012.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.190

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Assault and Related Offenses (Refs & Annos)

163.190. Menacing

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

(2) Menacing is a Class A misdemeanor.

CREDIT(S)

Laws 1971, c. 743, § 95.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.193

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Assault and Related Offenses (Refs & Annos)

163.193. Assisting another person to commit suicide; exemptions

(1) A person commits the crime of assisting another person to commit suicide if the person knowingly sells, or otherwise transfers for consideration, any substance or object, that is capable of causing death, to another person for the purpose of assisting the other person to commit suicide.

(2) This section does not apply to a person:

(a) Acting pursuant to a court order, an advance directive or power of attorney for health care pursuant to ORS 127.505 to 127.660 or a POLST, as defined in ORS 127.663;

(b) A person withholding or withdrawing life-sustaining procedures or artificially administered nutrition and hydration pursuant to ORS 127.505 to 127.660; or

(3) Assisting another person to commit suicide is a Class B felony.

CREDIT(S)

Added by Laws 2011, c. 552, § 2, eff. June 28, 2011.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.195

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Assault and Related Offenses (Refs & Annos)

163.195. Recklessly endangering another person

(1) A person commits the crime of recklessly endangering another person if the person recklessly engages in conduct which creates a substantial risk of serious physical injury to another person.

(2) Recklessly endangering another person is a Class A misdemeanor.

CREDIT(S)

Laws 1971, c. 743, § 96.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.196

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Assault and Related Offenses (Refs & Annos)

163.196. Aggravated driving while suspended or revoked

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

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

(3) The Oregon Criminal Justice Commission shall classify aggravated driving while suspended or revoked as crime category 7 of the sentencing guidelines grid of the commission.

CREDIT(S)

Added by Laws 2009, c. 783, § 5, eff. Jan. 1, 2010.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.197

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Assault and Related Offenses (Refs & Annos)

163.197. Hazing

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

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

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

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

(4) As used in this section:

(a) “Haze” means:

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

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

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

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

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

(c) “Student organization” means a fraternity, sorority, athletic team or other organization that is organized or operating on a college, university or elementary or secondary school campus for the purpose of providing members an opportunity to participate in student activities of the college, university or elementary or secondary school.

CREDIT(S)

Laws 1983, c. 202, § 2; Laws 1999, c. 1051, § 152; Laws 2009, c. 493, § 1, eff. Jan. 1, 2010.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.200

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Assault and Related Offenses (Refs & Annos)

163.200. Criminal mistreatment in the second degree

(1) A person commits the crime of criminal mistreatment in the second degree if, with criminal negligence and:

(a) In violation of a legal duty to provide care for another person, the person withholds necessary and adequate food, physical care or medical attention from that person; or

(b) Having assumed the permanent or temporary care, custody or responsibility for the supervision of another person, the person withholds necessary and adequate food, physical care or medical attention from that person.

(2) Criminal mistreatment in the second degree is a Class A misdemeanor.

(3) As used in this section, “legal duty” includes but is not limited to a duty created by familial relationship, court order, contractual agreement or statutory or case law.

CREDIT(S)

Laws 1973, c. 627, § 2; Laws 1993, c. 364, § 1.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.205

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Assault and Related Offenses (Refs & Annos)

163.205. Criminal mistreatment in the first degree

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

(a) The person, in violation of a legal duty to provide care for another person, or having assumed the permanent or temporary care, custody or responsibility for the supervision of another person, intentionally or knowingly withholds necessary and adequate food, physical care or medical attention from that other person; or

(b) The person, in violation of a legal duty to provide care for a dependent person or elderly person, or having assumed the permanent or temporary care, custody or responsibility for the supervision of a dependent person or elderly person, intentionally or knowingly:

(A) Causes physical injury or injuries to the dependent person or elderly person;

(B) Deserts the dependent person or elderly person in a place with the intent to abandon that person;

(C) Leaves the dependent person or elderly person unattended at a place for such a period of time as may be likely to endanger the health or welfare of that person;

(D) Hides the dependent person's or elderly person's money or property or takes the money or property for, or appropriates the money or property to, any use or purpose not in the due and lawful execution of the person's responsibility;

(E) Takes charge of a dependent or elderly person for the purpose of fraud; or

(F) Leaves the dependent person or elderly person, or causes the dependent person or elderly person to enter or remain, in or upon premises where a chemical reaction involving one or more precursor substances:

(i) Is occurring as part of unlawfully manufacturing a controlled substance or grinding, soaking or otherwise breaking down a precursor substance for the unlawful manufacture of a controlled substance; or

(ii) Has occurred as part of unlawfully manufacturing a controlled substance or grinding, soaking or otherwise breaking down a precursor substance for the unlawful manufacture of a controlled substance and the premises have not been certified as fit for use under ORS 453.885.

(2) As used in this section:

(a) “Controlled substance” has the meaning given that term in ORS 475.005.

(b) “Dependent person” means a person who because of either age or a physical or mental disability is dependent upon another to provide for the person's physical needs.

(d) “Legal duty” includes but is not limited to a duty created by familial relationship, court order, contractual agreement or statutory or case law.

(e) “Precursor substance” has the meaning given that term in ORS 475.940.

(3) Criminal mistreatment in the first degree is a Class C felony.

CREDIT(S)

Laws 1973, c. 627, § 3; Laws 1981, c. 486, § 1; Laws 1993, c. 364, § 2; Laws 2005, c. 708, § 1, eff. Aug. 16, 2005.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.206

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Assault and Related Offenses (Refs & Annos)

163.206. ORS 163.200 and 163.205; application

ORS 163.200 and 163.205 do not apply:

(1) To a person acting pursuant to a court order, an advance directive or a power of attorney for health care pursuant to ORS 127.505 to 127.660 or a POLST, as defined in ORS 127.663;

(2) To a person withholding or withdrawing life-sustaining procedures or artificially administered nutrition and hydration pursuant to ORS 127.505 to 127.660;

(3) When a competent person refuses food, physical care or medical care;

(4) To a person who provides an elderly person or a dependent person who is at least 18 years of age with spiritual treatment through prayer from a duly accredited practitioner of spiritual treatment as provided in ORS 124.095, in lieu of medical treatment, in accordance with the tenets and practices of a recognized church or religious denomination of which the elderly or dependent person is a member or an adherent; or

(5) To a duly accredited practitioner of spiritual treatment as provided in ORS 124.095.

CREDIT(S)

Laws 1993, c. 364, § 3; Laws 1995, c. 79, § 51; Laws 1999, c. 954, § 5; Laws 2009, c. 595, § 1190, eff. June 26, 2009; Laws 2011, c. 291, § 4, eff. June 9, 2011.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.207

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Assault and Related Offenses (Refs & Annos)

163.207. Female genital mutilation

(1) A person commits the crime of female genital mutilation if the person:

(a) Knowingly circumcises, excises or infibulates the whole or any part of the labia majora, labia minora or clitoris of a child; or

(b) Is the parent, guardian or other person legally responsible for the care or custody of a child and knowingly allows the circumcision, excision or infibulation of the whole or any part of the child's labia majora, labia minora or clitoris.

(2) Female genital mutilation is a Class B felony.

(3)(a) A person who circumcises, excises or infibulates the whole or any part of a child's labia majora, labia minora or clitoris does not violate subsection (1) of this section if:

(A) The person is a physician, licensed to practice in this state; and

(B) The surgery is medically necessary for the physical well-being of the child.

(b) In determining medical necessity for purposes of paragraph (a)(B) of this subsection, a person may not consider the effect on the child of the child's belief that the surgery is required as a matter of custom or ritual.

CREDIT(S)

Laws 1999, c. 737, § 1.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.208

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Assault and Related Offenses (Refs & Annos)

163.208. Assaulting a public safety officer

(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)(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; and

(b) “Staff member” means:

(A) A corrections officer as defined in ORS 181.610, 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, inmates or youth offenders; 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, inmates or youth offenders.

CREDIT(S)

Laws 1981, c. 783, § 2; Laws 1993, c. 14, § 21; Laws 1993, c. 358, § 1; Laws 1995, c. 651, § 4; Laws 1999, c. 1040, § 14; Laws 2001, c. 104, § 51; Laws 2001, c. 828, § 1; Laws 2003, c. 327, § 1.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.210

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Assault and Related Offenses (Refs & Annos)

163.210. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.211

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Assault and Related Offenses (Refs & Annos)

163.211. Definitions

As used in ORS 163.211 to 163.213:

(1) “Corrections officer” and “parole and probation officer” have the meanings given those terms in ORS 181.610.

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

(3) “Tear gas weapon” includes:

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

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

CREDIT(S)

Laws 1995, c. 651, § 1.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.212

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Assault and Related Offenses (Refs & Annos)

163.212. Unlawful use of an electrical stun gun, tear gas or mace in the second degree

(1) A person commits the crime of unlawful use of an electrical stun gun, tear gas or mace in the second degree if the person recklessly discharges an electrical stun gun, tear gas weapon, mace, tear gas, pepper mace or any similar deleterious agent against another person.

(2) Unlawful use of an electrical stun gun, tear gas or mace in the second degree is a Class A misdemeanor.

CREDIT(S)

Laws 1995, c. 651, § 2.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.213

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Assault and Related Offenses (Refs & Annos)

163.213. Unlawful use of an electrical stun gun, tear gas or mace in the first degree

(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.

CREDIT(S)

Laws 1995, c. 651, § 3; Laws 2011, c. 703, § 50, eff. Jan. 1, 2012.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. T. 16, Ch. 163, Refs & Annos

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons

Kidnapping and Related Offenses

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.215

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Kidnapping and Related Offenses (Refs & Annos)

163.215. Definitions

As used in ORS 163.215 to 163.257, 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.

CREDIT(S)

Laws 1971, c. 743, § 97.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.220

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Kidnapping and Related Offenses (Refs & Annos)

163.220. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.225

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Kidnapping and Related Offenses (Refs & Annos)

163.225. Kidnapping in the second degree

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

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

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

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

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

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

(3) Kidnapping in the second degree is a Class B felony.

CREDIT(S)

Laws 1971, c. 743, § 98; Laws 2005, c. 22, § 111.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.230

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Kidnapping and Related Offenses (Refs & Annos)

163.230. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.235

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Kidnapping and Related Offenses (Refs & Annos)

163.235. Kidnapping in the first degree

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

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

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

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

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

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

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

(2) Kidnapping in the first degree is a Class A felony.

CREDIT(S)

Laws 1971, c. 743, § 99; Laws 2005, c. 22, § 112; Laws 2009, c. 660, § 43, eff. July 1, 2009.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.240

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Kidnapping and Related Offenses (Refs & Annos)

163.240. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.245

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Kidnapping and Related Offenses (Refs & Annos)

163.245. Custodial interference in the second degree

(1) A person commits the crime of custodial interference in the second degree if, knowing or having reason to know that the person has no legal right to do so, the person takes, entices or keeps another person from the other person's lawful custodian or in violation of a valid joint custody order with intent to hold the other person permanently or for a protracted period.

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

(3) Custodial interference in the second degree is a Class C felony.

CREDIT(S)

Laws 1971, c. 743, § 100; Laws 1981, c. 774, § 1; Laws 1987, c. 795, § 7; Laws 2005, c. 564, § 6.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.250

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Kidnapping and Related Offenses (Refs & Annos)

163.250. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.255

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Kidnapping and Related Offenses (Refs & Annos)

163.255. Laws 1955, c. 530, § 1; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.257

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Kidnapping and Related Offenses (Refs & Annos)

163.257. Custodial interference in the first degree

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

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

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

(3) Custodial interference in the first degree is a Class B felony.

CREDIT(S)

Laws 1971, c. 743, § 101; Laws 1981, c. 774, § 2; Laws 1987, c. 795, § 8; Laws 2005, c. 564, § 7.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.260

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Kidnapping and Related Offenses (Refs & Annos)

163.260. Amended by Laws 1955, c. 366, § 1; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.261

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Kidnapping and Related Offenses (Refs & Annos)

163.261. “Services” defined

As used in ORS 163.263 and 163.264, “services” means activities performed by one person under the supervision or for the benefit of another person.

CREDIT(S)

Added by Laws 2007, c. 811, § 1, eff. July 17, 2007.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.263

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Kidnapping and Related Offenses (Refs & Annos)

163.263. Involuntary servitude; second degree

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

(a) Abusing or threatening to abuse the law or legal process;

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

(d) Threatening to collect an unlawful debt; or

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

(2) Subjecting another person to involuntary servitude in the second degree is a Class C felony.

CREDIT(S)

Added by Laws 2007, c. 811, § 3, eff. July 17, 2007.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.264

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Kidnapping and Related Offenses (Refs & Annos)

163.264. Involuntary servitude; first degree

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

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

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

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

CREDIT(S)

Added by Laws 2007, c. 811, § 2, eff. July 17, 2007.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.266

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Kidnapping and Related Offenses (Refs & Annos)

163.266. Trafficking in persons

(1) A person commits the crime of trafficking in persons if the person knowingly:

(a) Recruits, entices, harbors, transports, provides or obtains by any means, or attempts to recruit, entice, harbor, transport, provide or obtain by any means, another person knowing that the other person will be subjected to involuntary servitude as described in ORS 163.263 or 163.264; or

(b) Benefits financially or receives something of value from participation in a venture that involves an act prohibited by this section or ORS 163.263 or 163.264.

(2) Trafficking in persons is a Class B felony.

CREDIT(S)

Added by Laws 2007, c. 811, § 4, eff. July 17, 2007.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.269

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Kidnapping and Related Offenses (Refs & Annos)

163.269. Duress

A person who is the victim of a crime described in ORS 163.263, 163.264 or 163.266 may assert the defense of duress, as described in ORS 161.270, if the person is prosecuted for conduct that constitutes services under ORS 163.261, that the person was caused to provide.

CREDIT(S)

Added by Laws 2007, c. 811, § 10, eff. July 17, 2007.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.270

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Kidnapping and Related Offenses (Refs & Annos)

163.270. Amended by Laws 1955, c. 371, § 1; Laws 1957, c. 640, § 1; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.275

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Coercion

163.275. Coercion

(1) A person commits the crime of coercion when the person compels or induces another person to engage in conduct from which the other person has a legal right to abstain, or to abstain from engaging in conduct in which the other person has a legal right to engage, by means of instilling in the other person a fear that, if the other person refrains from the conduct compelled or induced or engages in conduct contrary to the compulsion or inducement, the actor or another will:

(a) Unlawfully cause physical injury to some person;

(b) Unlawfully cause damage to property;

(d) Falsely accuse some person of a crime or cause criminal charges to be instituted against the person;

(e) Cause or continue a strike, boycott or other collective action injurious to some person's business, except that such a threat is not deemed coercive when the act or omission compelled is for the benefit of the group in whose interest the actor purports to act;

(f) Testify falsely or provide false information or withhold testimony or information with respect to another's legal claim or defense; or

(g) Unlawfully use or abuse the person's position as a public servant by performing some act within or related to official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely.

(2) Coercion is a Class C felony.

CREDIT(S)

Laws 1971, c. 743, § 102; Laws 1983, c. 546, § 4; Laws 1985, c. 338, § 1; Laws 2007, c. 71, § 45, eff. Jan. 1, 2008.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.280

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Coercion

163.280. Amended by Laws 1957, c. 640, § 2; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.285

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Coercion

163.285. Defense to coercion

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

CREDIT(S)

Laws 1971, c. 743, § 103.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.290

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Coercion

163.290. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.300

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Coercion

163.300. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. T. 16, Ch. 163, Refs & Annos

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons

Sexual Offenses

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.305

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Sexual Offenses (Refs & Annos)

163.305. Definitions

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

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

(2) “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.

(3) “Mentally defective” means that a person suffers from a mental disease or defect that renders the person incapable of appraising the nature of the conduct of the person.

(4) “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.

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

(6) “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.

(7) “Sexual intercourse” has its ordinary meaning and occurs upon any penetration, however slight; emission is not required.

CREDIT(S)

Laws 1971, c. 743, § 104; Laws 1975, c. 461, § 1; Laws 1977, c. 844, § 1; Laws 1979, c. 744, § 7; Laws 1983, c. 500, § 1; Laws 1999, c. 949, § 1; Laws 2009, c. 770, § 1, eff. Jan. 1, 2010.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.310

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Sexual Offenses (Refs & Annos)

163.310. Renumbered 166.180

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.315

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Sexual Offenses (Refs & Annos)

163.315. Capability to consent; lack of resistance

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

(a) Under 18 years of age;

(b) Mentally defective;

(d) Physically helpless.

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

CREDIT(S)

Laws 1971, c. 743, § 105; Laws 1999, c. 949, § 2; Laws 2001, c. 104, § 52.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.320

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Sexual Offenses (Refs & Annos)

163.320. Renumbered 166.190

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.325

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Sexual Offenses (Refs & Annos)

163.325. Knowledge of victim's age

(1) In any prosecution under ORS 163.355 to 163.445 in which the criminality of conduct depends on a child's being under the age of 16, it is no defense that the defendant did not know the child's age or that the defendant reasonably believed the child to be older than the age of 16.

(2) When criminality depends on the child's being under a specified age other than 16, it is an affirmative defense for the defendant to prove that the defendant reasonably believed the child to be above the specified age at the time of the alleged offense.

(3) In any prosecution under ORS 163.355 to 163.445 in which the victim's lack of consent is based solely upon the incapacity of the victim to consent because the victim is mentally defective, mentally incapacitated or physically helpless, it is an affirmative defense for the defendant to prove that at the time of the alleged offense the defendant did not know of the facts or conditions responsible for the victim's incapacity to consent.

CREDIT(S)

Laws 1971, c. 743, § 106.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.330

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Sexual Offenses (Refs & Annos)

163.330. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.335

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Sexual Offenses (Refs & Annos)

163.335. Laws 1971, c. 743, § 107; repealed by Laws 1977, c. 844, § 2

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.340

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Sexual Offenses (Refs & Annos)

163.340. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.345

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Sexual Offenses (Refs & Annos)

163.345. Age; defense

(1) In any prosecution under ORS 163.355, 163.365, 163.385, 163.395, 163.415, 163.425, 163.427 or 163.435 in which the victim's lack of consent was due solely to incapacity to consent by reason of being less than a specified age, it is a defense that the actor was less than three years older than the victim at the time of the alleged offense.

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

(3) In any prosecution under ORS 163.445 in which the victim's lack of consent was due solely to incapacity to consent by reason of being less than a specified age, it is a defense that the actor was less than three years older than the victim at the time of the alleged offense if the victim was at least 15 years of age at the time of the alleged offense.

CREDIT(S)

Laws 1971, c. 743, § 108; Laws 1991, c. 386, § 3; Laws 1991, c. 830, § 4; Laws 1999, c. 626, § 24; amendments by Laws 1999, c. 626, § 45 repealed byLaws 2001, c. 884, § 1.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.355

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Sexual Offenses (Refs & Annos)

163.355. Rape in the third degree

(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.

CREDIT(S)

Laws 1971, c. 743, § 109; Laws 1991, c. 628, § 1.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.365

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Sexual Offenses (Refs & Annos)

163.365. Rape in the second degree

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

(2) Rape in the second degree is a Class B felony.

CREDIT(S)

Laws 1971, c. 743, § 110; Laws 1989, c. 359, § 1; Laws 1991, c. 628, § 2.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.375

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Sexual Offenses (Refs & Annos)

163.375. Rape in the first degree

(1) A person who has sexual intercourse with another person commits the crime of rape in the first degree if:

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

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

(c) The victim is under 16 years of age and is the person's sibling, of the whole or half blood, the person's child or the person's spouse's child; or

(d) The victim is incapable of consent by reason of mental defect, mental incapacitation or physical helplessness.

(2) Rape in the first degree is a Class A felony.

CREDIT(S)

Laws 1971, c. 743, § 111; Laws 1989, c. 359, § 2; Laws 1991, c. 628, § 3.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.385

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Sexual Offenses (Refs & Annos)

163.385. Sodomy in the third degree

(1) A person commits the crime of sodomy in the third degree if the person engages in deviate sexual intercourse with another person under 16 years of age or causes that person to engage in deviate sexual intercourse.

(2) Sodomy in the third degree is a Class C felony.

CREDIT(S)

Laws 1971, c. 743, § 112.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.395

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Sexual Offenses (Refs & Annos)

163.395. Sodomy in the second degree

(1) A person who engages in deviate sexual intercourse with another person or causes another to engage in deviate sexual intercourse commits the crime of sodomy in the second degree if the victim is under 14 years of age.

(2) Sodomy in the second degree is a Class B felony.

CREDIT(S)

Laws 1971, c. 743, § 113; Laws 1989, c. 359, § 3.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.405

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Sexual Offenses (Refs & Annos)

163.405. Sodomy in the first degree

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

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

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

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

(d) The victim is incapable of consent by reason of mental defect, mental incapacitation or physical helplessness.

(2) Sodomy in the first degree is a Class A felony.

CREDIT(S)

Laws 1971, c. 743, § 114; Laws 1989, c. 359, § 4.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.408

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Sexual Offenses (Refs & Annos)

163.408. Unlawful sexual penetration in the second degree

(1) Except as permitted under ORS 163.412, 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 other than the penis or mouth of the actor and the victim is under 14 years of age.

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

CREDIT(S)

Laws 1981, c. 549, § 2; Laws 1989, c. 359, § 5; Laws 1991, c. 386, § 1.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.410

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Sexual Offenses (Refs & Annos)

163.410. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.411

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Sexual Offenses (Refs & Annos)

163.411. Unlawful sexual penetration in the first degree

(1) Except as permitted under ORS 163.412, a person commits the crime of unlawful sexual penetration in the first degree if the person penetrates the vagina, anus or penis of another with any object other than the penis or mouth of the actor and:

(a) The victim is subjected to forcible compulsion;

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

(2) Unlawful sexual penetration in the first degree is a Class A felony.

CREDIT(S)

Laws 1981, c. 549, § 3; Laws 1989, c. 359, § 6; Laws 1991, c. 386, § 2.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.412

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Sexual Offenses (Refs & Annos)

163.412. Unlawful sexual penetration; exceptions

Nothing in ORS 163.408, 163.411 or 163.452 prohibits a penetration described in those sections when:

(1) The penetration is part of a medically recognized treatment or diagnostic procedure; or

(2) The penetration is accomplished by a peace officer or a corrections officer acting in official capacity, or by medical personnel at the request of such an officer, in order to search for weapons, contraband or evidence of crime.

CREDIT(S)

Laws 1981, c. 549, § 4; Laws 2005, c. 488, § 5, eff. July 13, 2005.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.415

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Sexual Offenses (Refs & Annos)

163.415. Sexual abuse in the third degree

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

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

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

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

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

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

(3) As used in this section, “dangerous substance” means blood, urine, semen or feces.

CREDIT(S)

Laws 1971, c. 743, § 115; Laws 1979, c. 489, § 1; Laws 1991, c. 830, § 1; Laws 1995, c. 657, § 11; Laws 1995, c. 671, § 9; Laws 2009, c. 616, § 1, eff. Jan. 1, 2010.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.420

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Sexual Offenses (Refs & Annos)

163.420. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.425

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Sexual Offenses (Refs & Annos)

163.425. Sexual abuse in the second degree

(1) A person commits the crime of sexual abuse in the second degree when:

(a) The person subjects another person to sexual intercourse, deviate sexual intercourse or, except as provided in ORS 163.412, penetration of the vagina, anus or penis with any object other than the penis or mouth of the actor and the victim does not consent thereto; or

(b)(A) The person violates ORS 163.415 (1)(a)(B);

(B) The person is 21 years of age or older; and

(2) Sexual abuse in the second degree is a Class C felony.

CREDIT(S)

Laws 1971, c. 743, § 116; Laws 1983, c. 564, § 1; Laws 1991, c. 386, § 14;Laws 1991, c. 830, § 2; Laws 2009, c. 876, § 2, eff. Jan. 1, 2010.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.426

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Sexual Offenses (Refs & Annos)

163.426. Sentencing of sexual abuse in the second degree

(1) As used in this section, “coach” means a person who instructs or trains an individual or members of a team in a sport.

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

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

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

CREDIT(S)

Added by Laws 2009, c. 876, § 1, eff. Jan. 1, 2010.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.427

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Sexual Offenses (Refs & Annos)

163.427. Sexual abuse in the first degree

(1) A person commits the crime of sexual abuse in the first degree when that person:

(a) Subjects another person to sexual contact and:

(A) The victim is less than 14 years of age;

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

(C) The victim is incapable of consent by reason of being mentally defective, mentally incapacitated or physically helpless; or

(b) Intentionally causes a person under 18 years of age to touch or contact the mouth, anus or sex organs of an animal for the purpose of arousing or gratifying the sexual desire of a person.

(2) Sexual abuse in the first degree is a Class B felony.

CREDIT(S)

Laws 1991, c. 830, § 3; Laws 1995, c. 657, § 12; Laws 1995, c. 671, § 10.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.430

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Sexual Offenses (Refs & Annos)

163.430. Amended by Laws 1967, c. 359, § 683; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.431

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Sexual Offenses (Refs & Annos)

163.431. Definitions

As used in ORS 163.431 to 163.434:

(1) “Child” means a person who the defendant reasonably believes to be under 16 years of age.

(2) “Online communication” means communication that occurs via telephone text messaging, electronic mail, personal or instant messaging, chat rooms, bulletin boards or any other transmission of information by wire, radio, optical cable, cellular system, electromagnetic system or other similar means.

(3) “Sexual contact” has the meaning given that term in ORS 163.305.

(4) “Sexually explicit conduct” has the meaning given that term in ORS 163.665.

(5) “Solicit” means to invite, request, seduce, lure, entice, persuade, prevail upon, coax, coerce or attempt to do so.

CREDIT(S)

Added by Laws 2007, c. 876, § 1, eff. Jan. 1, 2008. Amended by Laws 2009, c. 517, § 1, eff. Jan. 1, 2010.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.432

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Sexual Offenses (Refs & Annos)

163.432. Online sexual corruption of a child in the second degree

(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.

CREDIT(S)

Added by Laws 2007, c. 876, § 2, eff. Jan. 1, 2008.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.433

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Sexual Offenses (Refs & Annos)

163.433. Online sexual corruption of a child in the first degree

(1) A person commits the crime of online sexual corruption of a child in the first degree if the person violates ORS 163.432 and intentionally takes a substantial step toward physically meeting with or encountering the child.

(2) Online sexual corruption of a child in the first degree is a Class B felony.

CREDIT(S)

Added by Laws 2007, c. 876, § 3, eff. Jan. 1, 2008.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.434

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Sexual Offenses (Refs & Annos)

163.434. Defenses to online sexual corruption of a child

(1) It is an affirmative defense to a prosecution for online sexual corruption of a child in the first or second degree that the person was not more than three years older than the person reasonably believed the child to be.

(2) It is not a defense to a prosecution for online sexual corruption of a child in the first or second degree that the person was in fact communicating with a law enforcement officer, as defined in ORS 163.730, or a person working under the direction of a law enforcement officer, who is 16 years of age or older.

(3) Online sexual corruption of a child in the first or second degree is committed in either the county in which the communication originated or the county in which the communication was received.

CREDIT(S)

Added by Laws 2007, c. 876, § 4, eff. Jan. 1, 2008.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.435

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Sexual Offenses (Refs & Annos)

163.435. Contributing to the sexual delinquency of a minor

(1) A person 18 years of age or older commits the crime of contributing to the sexual delinquency of a minor if:

(a) Being a male, he engages in sexual intercourse with a female under 18 years of age; or

(b) Being a female, she engages in sexual intercourse with a male under 18 years of age; or

(c) The person engages in deviate sexual intercourse with another person under 18 years of age or causes that person to engage in deviate sexual intercourse.

(2) Contributing to the sexual delinquency of a minor is a Class A misdemeanor.

CREDIT(S)

Laws 1971, c. 743, § 117.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.440

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Sexual Offenses (Refs & Annos)

163.440. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.445

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Sexual Offenses (Refs & Annos)

163.445. Sexual misconduct

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

(2) Sexual misconduct is a Class C misdemeanor.

CREDIT(S)

Laws 1971, c. 743, § 118.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.448

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Sexual Offenses (Refs & Annos)

163.448. “Correctional facility” defined

As used in ORS 163.452 and 163.454, “correctional facility” has the meaning given that term in ORS 162.135.

CREDIT(S)

Laws 2005, c. 488, § 2, eff. July 13, 2005.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.450

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Sexual Offenses (Refs & Annos)

163.450. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.452

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Sexual Offenses (Refs & Annos)

163.452. Custodial sexual misconduct in the first degree

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

(a) Engages in sexual intercourse or deviate 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;

(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 (1).

(2) Consent of the other person to sexual intercourse, deviate 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.

CREDIT(S)

Laws 2005, c. 488, § 3, eff. July 13, 2005.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.454

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Sexual Offenses (Refs & Annos)

163.454. Custodial sexual misconduct in the second degree

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

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

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

(B) Confined or detained in a correctional facility;

(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 (1).

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

(4) Custodial sexual misconduct in the second degree is a Class A misdemeanor.

CREDIT(S)

Laws 2005, c. 488, § 4, eff. July 13, 2005.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.455

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Sexual Offenses (Refs & Annos)

163.455. Laws 1971, c. 743, § 119; repealed by Laws 1983, c. 546, § 1

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.460

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Sexual Offenses (Refs & Annos)

163.460. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.465

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Sexual Offenses (Refs & Annos)

163.465. Public indecency

(1) A person commits the crime of public indecency if while in, or in view of, a public place the person performs:

(a) An act of sexual intercourse;

(b) An act of deviate sexual intercourse; or

(c) An act of exposing the genitals of the person with the intent of arousing the sexual desire of the person or another person.

(2)(a) Public indecency is a Class A misdemeanor.

(b) Notwithstanding paragraph (a) of this subsection, public indecency is a Class C felony if the person has a prior conviction for public indecency or a crime described in ORS 163.355 to 163.445 or for a crime in another jurisdiction that, if committed in this state, would constitute public indecency or a crime described in ORS 163.355 to 163.445.

CREDIT(S)

Laws 1971, c. 743, § 120; Laws 1999, c. 962, § 1; Laws 2005, c. 434, § 1.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.466

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Sexual Offenses (Refs & Annos)

163.466. Felony public indecency; sentencing classification

The Oregon Criminal Justice Commission shall classify felony public indecency as a person felony and crime category 6 of the sentencing guidelines grid of the commission.

CREDIT(S)

Laws 1999, c. 962, § 3.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.467

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Sexual Offenses (Refs & Annos)

163.467. Private indecency

(1) A person commits the crime of private indecency if the person exposes the genitals of the person with the intent of arousing the sexual desire of the person or another person and:

(a) The person is in a place where another person has a reasonable expectation of privacy;

(b) The person is in view of the other person;

(d) The person knows that the other person did not consent to the exposure.

(2) Private indecency is a Class A misdemeanor.

(3) Subsection (1) of this section does not apply to a person who commits the act described in subsection (1) of this section if the person cohabits with and is involved in a sexually intimate relationship with the other person.

(4) For purposes of this section, “place where another person has a reasonable expectation of privacy” includes, but is not limited to, residences, yards of residences, working areas and offices.

CREDIT(S)

Laws 1999, c. 869, § 2.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.470

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Sexual Offenses (Refs & Annos)

163.470. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.475

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Sexual Offenses (Refs & Annos)

163.475. Laws 1975, c. 176, § 2; Laws 1977, c. 822, § 1; repealed by Laws 1981, c. 892, § 98

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.476

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Sexual Offenses (Refs & Annos)

163.476. Unlawfully being in a location where children regularly congregate

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

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

(B) Has been designated a predatory sex offender under ORS 181.585 and does not have written approval from the State Board of Parole and Post-Prison Supervision or the person's supervisory authority or supervising officer to be in or upon the specific premises;

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

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

(2) As used in this section:

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

(b) “Sex crime” has the meaning given that term in ORS 181.594.

(3) Unlawfully being in a location where children regularly congregate is a Class A misdemeanor.

CREDIT(S)

Laws 2005, c. 811, § 1.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.477

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Sexual Offenses (Refs & Annos)

163.477. Laws 1979, c. 706, § 3; repealed by Laws 1985, c. 557, § 10

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.479

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Sexual Offenses (Refs & Annos)

163.479. Unlawful contact with a child

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

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

(B) Has been designated a predatory sex offender under ORS 181.585;

(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.

(3) Unlawful contact with a child is a Class C felony.

CREDIT(S)

Laws 2005, c. 811, § 2.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.480

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Sexual Offenses (Refs & Annos)

163.480. Amended by Laws 1963, c. 406, § 1; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.483

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Sexual Offenses (Refs & Annos)

163.483. Laws 1979, c. 706, § 2; Laws 1983, c. 740, § 30; repealed by Laws 1985, c. 557, § 10

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.485

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Sexual Offenses (Refs & Annos)

163.485. Laws 1979, c. 706, § 4; repealed by Laws 1985, c. 557, § 10

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.490

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Sexual Offenses (Refs & Annos)

163.490. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.495

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Sexual Offenses (Refs & Annos)

163.495. Laws 1979, c. 706, § 5; Laws 1987, c. 158, § 25; Laws 1987, c. 864, § 14; renumbered 163.676 in 1987

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.500

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Sexual Offenses (Refs & Annos)

163.500. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.505

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Offenses Against Family

163.505. Definitions

As used in ORS 163.505 to 163.575, unless the context requires otherwise:

(1) “Controlled substance” has the meaning given that term in ORS 475.005.

(2) “Descendant” includes persons related by descending lineal consanguinity, stepchildren and lawfully adopted children.

(3) “Precursor substance” has the meaning given that term in ORS 475.940.

(4) “Support” includes, but is not limited to, necessary and proper shelter, food, clothing, medical attention and education.

CREDIT(S)

Laws 1971, c. 743, § 170; Laws 2005, c. 708, § 3, eff. Aug. 16, 2005.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.515

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Offenses Against Family

163.515. Bigamy

(1) A person commits the crime of bigamy if the person knowingly marries or purports to marry another person at a time when either is lawfully married.

(2) Bigamy is a Class C felony.

CREDIT(S)

Laws 1971, c. 743, § 171.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.525

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Offenses Against Family

163.525. Incest

(1) A person commits the crime of incest if the person marries or engages in sexual intercourse or deviate sexual intercourse with a person whom the person knows to be related to the person, either legitimately or illegitimately, as an ancestor, descendant or brother or sister of either the whole or half blood.

(2) Incest is a Class C felony.

CREDIT(S)

Laws 1971, c. 743, § 172.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.535

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Offenses Against Family

163.535. Abandonment of a child

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

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

(3) It is an affirmative defense to a charge of violating subsection (1) of this section that the child was left in accordance with ORS 418.017.

CREDIT(S)

Laws 1971, c. 743, § 173; Laws 2001, c. 597, § 2.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.537

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Offenses Against Family

163.537. Buying or selling a person under 18 years of age

(1) A person commits the crime of buying or selling a person under 18 years of age if the person buys, sells, barters, trades or offers to buy or sell the legal or physical custody of a person under 18 years of age.

(2) Subsection (1) of this section does not:

(a) Prohibit a person in the process of adopting a child from paying the fees, costs and expenses related to the adoption as allowed in ORS 109.311.

(b) Prohibit a negotiated satisfaction of child support arrearages or other settlement in favor of a parent of a child in exchange for consent of the parent to the adoption of the child by the current spouse of the child's other parent.

(c) Apply to fees for services charged by the Department of Human Services or adoption agencies licensed under ORS 412.001 to 412.161 and 412.991 and ORS chapter 418.

(d) Apply to fees for services in an adoption pursuant to a surrogacy agreement.

(e) Prohibit discussion or settlement of disputed issues between parties in a domestic relations proceeding.

(3) Buying or selling a person under 18 years of age is a Class B felony.

CREDIT(S)

Laws 1997, c. 561, § 2.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.545

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Offenses Against Family

163.545. Child neglect in the second degree

(1) A person having custody or control of a child under 10 years of age commits the crime of child neglect in the second degree if, with criminal negligence, the person leaves the child unattended in or at any place for such period of time as may be likely to endanger the health or welfare of such child.

(2) Child neglect in the second degree is a Class A misdemeanor.

CREDIT(S)

Laws 1971, c. 743, § 174; Laws 1991, c. 832, § 2.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.547

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Offenses Against Family

163.547. Child neglect in the first degree

(1)(a) A person having custody or control of a child under 16 years of age commits the crime of child neglect in the first degree if the person knowingly leaves the child, or allows the child to stay:

(A) In a vehicle where controlled substances are being criminally delivered or manufactured;

(B) In or upon premises and in the immediate proximity where controlled substances are criminally delivered or manufactured for consideration or profit or where a chemical reaction involving one or more precursor substances:

(b) As used in this subsection, “vehicle” and “premises” do not include public places, as defined in ORS 161.015.

(2) Child neglect in the first degree is a Class B felony.

(3) Subsection (1) of this section does not apply if the controlled substance is marijuana and is delivered for no consideration.

(4) The Oregon Criminal Justice Commission shall classify child neglect in the first degree as crime category 6 of the sentencing guidelines grid of the commission if the controlled substance being delivered or manufactured is methamphetamine.

CREDIT(S)

Laws 1991, c. 832, § 1; Laws 2001, c. 387, § 1; Laws 2001, c. 870, § 11; Laws 2005, c. 708, § 2, eff. Aug. 16, 2005.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.555

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Offenses Against Family

163.555. Criminal nonsupport

(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.

CREDIT(S)

Laws 1971, c. 743, § 175; Laws 1993, c. 33, § 308; Laws 1999, c. 954, § 3; Laws 2005, c. 502, § 1.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.565

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Offenses Against Family

163.565. Paternity, prima facie evidence, confidential communications

(1) Proof that a child was born to a woman during the time a man lived and cohabited with her, or held her out as his wife, is prima facie evidence that he is the father 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 husband and wife apply to prosecutions for criminal nonsupport. A husband or wife is a competent and compellable witness for or against either party.

CREDIT(S)

Laws 1971, c. 743, § 176.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.575

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Offenses Against Family

163.575. Endangering the welfare of a minor

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

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

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

(d) Distributes, sells, or causes to be sold, tobacco in any form to a person under 18 years of age; or

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

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

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

(D) Chillums;

(E) Ice pipes or chillers;

(F) Cigarette rolling papers and rolling machines; and

(G) Cocaine free basing kits.

(2) Endangering the welfare of a minor by violation of subsection (1)(a), (b), (c) or (e) of this section, involving other than a device for smoking tobacco, is a Class A misdemeanor.

(3) Endangering the welfare of a minor by violation of subsection (1)(d) of this section or by violation of subsection (1)(e) of this section, involving a device for smoking tobacco, is a Class A violation.

CREDIT(S)

Laws 1971, c. 743, § 177; Laws 1973, c. 827, § 20; Laws 1979, c. 744, § 8; Laws 1981, c. 838, § 1; Laws 1983, c. 740, § 31; Laws 1991, c. 970, § 5; Laws 1995, c. 79, § 52; Laws 1999, c. 1051, § 153; Laws 2011, c. 597, § 79, eff. July 1, 2011, operative Jan. 1, 2012.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.577

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Offenses Against Family

163.577. Failing to supervise a child

(1) A person commits the offense of failing to supervise a child if the person is the parent, lawful guardian or other person lawfully charged with the care or custody of a child under 15 years of age and the child:

(a) Commits an act that brings the child within the jurisdiction of the juvenile court under ORS 419C.005;

(b) Violates a curfew law of a county or any other political subdivision; or

(2) Nothing in this section applies to a child-caring agency as defined in ORS 418.205 or to foster parents.

(3) In a prosecution of a person for failing to supervise a child under subsection (1)(a) of this section, it is an affirmative defense that the person:

(a) Is the victim of the act that brings the child within the jurisdiction of the juvenile court; or

(b) Reported the act to the appropriate authorities.

(4) In a prosecution of a person for failing to supervise a child under subsection (1) of this section, it is an affirmative defense that the person took reasonable steps to control the conduct of the child at the time the person is alleged to have failed to supervise the child.

(5)(a) Except as provided in subsection (6) or (7) of this section, in a prosecution of a person for failing to supervise a child under subsection (1)(a) of this section, the court shall order the person to pay restitution under ORS 137.103 to 137.109 to a victim for economic damages arising from the act of the child that brings the child within the jurisdiction of the juvenile court.

(b) The amount of restitution ordered under this subsection may not exceed $2,500.

(6) If a person pleads guilty or is found guilty of failing to supervise a child under this section and if the person has not previously been convicted of failing to supervise a child, the court:

(a) Shall warn the person of the penalty for future convictions of failing to supervise a child and shall suspend imposition of sentence.

(b) May not order the person to pay restitution under this section.

(7)(a) If a person pleads guilty or is found guilty of failing to supervise a child under this section and if the person has only one prior conviction for failing to supervise a child, the court, with the consent of the person, may suspend imposition of sentence and order the person to complete a parent effectiveness program approved by the court. Upon the person's completion of the parent effectiveness program to the satisfaction of the court, the court may discharge the person. If the person fails to complete the parent effectiveness program to the satisfaction of the court, the court may impose a sentence authorized by this section.

(b) There may be only one suspension of sentence under this subsection with respect to a person.

(8) The juvenile court has jurisdiction over a first offense of failing to supervise a child under this section.

(9) Failing to supervise a child is a Class A violation.

CREDIT(S)

Laws 1995, c. 593, § 1; Laws 1999, c. 1051, § 154; Laws 2003, c. 670, § 5; Laws 2005, c. 564, § 8.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.580

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Offenses Against Family

163.580. Sale of smoking devices; signs

(1) Any person who sells any of the smoking devices listed in ORS 163.575 (1)(e) shall display a sign clearly stating that the sale of such devices to persons under 18 years of age is prohibited by law.

(2) Any person who violates this section commits a Class B violation.

CREDIT(S)

Laws 1981, c. 838, § 2; Laws 1999, c. 1051, § 155.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.605

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Offenses Against Family

163.605. Laws 1971, c. 743, § 287; repealed by Laws 1985, c. 366, § 1

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.610

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Offenses Against Family

163.610. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.620

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Offenses Against Family

163.620. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.630

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Offenses Against Family

163.630. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.635

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Offenses Against Family

163.635. Laws 1955, c. 308, § 1; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.640

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Offenses Against Family

163.640. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.650

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Offenses Against Family

163.650. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.660

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Offenses Against Family

163.660. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.665

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Visual Recording of Sexual Conduct of Children

163.665. Definitions

As used in ORS 163.665 to 163.693:

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

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

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

(a) Sexual intercourse or deviant sexual intercourse;

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

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

(d) Masturbation;

(e) Sadistic or masochistic abuse; or

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

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

(5) “Visual recording” includes, but is not limited to, photographs, films, videotapes and computer and other digital pictures, regardless of the manner in which the recording is stored.

CREDIT(S)

Laws 1985, c. 557, § 2; Laws 1987, c. 864, § 1; Laws 1991, c. 664, § 4; Laws 1995, c. 768, § 4; Laws 1997, c. 719, § 5; Laws 2011, c. 515, § 1, eff. June 23, 2011.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.670

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Visual Recording of Sexual Conduct of Children

163.670. Using child in display of sexually explicit conduct

(1) A person commits the crime of using a child in a display of sexually explicit conduct if the person employs, authorizes, permits, compels or induces a child to participate or engage in sexually explicit conduct for any person to observe or to record in a visual recording.

(2) Using a child in a display of sexually explicit conduct is a Class A felony.

CREDIT(S)

Laws 1985, c. 557, § 3; Laws 1987, c. 864, § 3; Laws 1991, c. 664, § 5; Laws 2011, c. 515, § 2, eff. June 23, 2011.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.672

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Visual Recording of Sexual Conduct of Children

163.672. Laws 1991, c. 664, § 2; repealed by Laws 1995, c. 768, § 16

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.673

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Visual Recording of Sexual Conduct of Children

163.673. Laws 1987, c. 864, § 4; Laws 1991, c. 664, § 6; repealed by Laws 1995, c. 768, § 16

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.675

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Visual Recording of Sexual Conduct of Children

163.675. Laws 1985, c. 557, § 4; repealed by Laws 1987, c. 864, § 15

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.676

Formerly cited as OR ST § 163.495

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Visual Recording of Sexual Conduct of Children

163.676. Exemption to prosecution under ORS 163.684

(1) No employee is liable to prosecution under ORS 163.684 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.

CREDIT(S)

Formerly 163.495; Laws 1995, c. 768, § 5.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.677

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Visual Recording of Sexual Conduct of Children

163.677. Laws 1987, c. 864, § 5; Laws 1991, c. 664, § 7; repealed by Laws 1995, c. 768, § 16

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.680

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Visual Recording of Sexual Conduct of Children

163.680. Laws 1985, c. 557, § 5; Laws 1987, c. 158, § 26; Laws 1987, c. 864, § 9; Laws 1991, c. 664, § 8; repealed by Laws 1995, c. 768, § 16

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.682

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Visual Recording of Sexual Conduct of Children

163.682. Exceptions to ORS 163.665 to 163.693

The provisions of ORS 163.665 to 163.693 do not apply to:

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

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

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

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

(5) A public library, as defined in ORS 357.400, or a library exempt from taxation under ORS 307.090 or 307.130, except that these exceptions do not apply to any activity prohibited by ORS 163.670.

CREDIT(S)

Laws 1991, c. 664, § 3; Laws 2011, c. 515, § 9, eff. June 23, 2011.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.683

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Visual Recording of Sexual Conduct of Children

163.683. Laws 1987, c. 864, § 11; repealed by Laws 1991, c. 664, § 12

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.684

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Visual Recording of Sexual Conduct of Children

163.684. Encouraging child sexual abuse in the first degree

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

(a)(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.

CREDIT(S)

Laws 1995, c. 768, § 2; Laws 2011, c. 515, § 3, eff. June 23, 2011.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.685

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Visual Recording of Sexual Conduct of Children

163.685. Laws 1985, c. 557, § 6; Laws 1987, c. 864, § 12; repealed by Laws 1991, c. 664, § 12

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.686

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Visual Recording of Sexual Conduct of Children

163.686. Encouraging child sexual abuse in the second degree

(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)(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.

CREDIT(S)

Laws 1995, c. 768, § 3; Laws 2011, c. 515, § 4, eff. June 23, 2011.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.687

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Visual Recording of Sexual Conduct of Children

163.687. Encouraging child sexual abuse in the third degree

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

(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) 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.

CREDIT(S)

Laws 1995, c. 768, § 3a; Laws 2011, c. 515, § 5, eff. June 23, 2011.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.688

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Visual Recording of Sexual Conduct of Children

163.688. Possession of materials depicting sexually explicit conduct of a child in the first degree

(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.

CREDIT(S)

Laws 1997, c. 719, § 3; Laws 2011, c. 515, § 6, eff. June 23, 2011.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.689

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Visual Recording of Sexual Conduct of Children

163.689. Possession of materials depicting sexually explicit conduct of a child in the second degree

(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.

CREDIT(S)

Laws 1997, c. 719, § 4; Laws 2011, c. 515, § 7, eff. June 23, 2011.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.690

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Visual Recording of Sexual Conduct of Children

163.690. Defense, lack of knowledge of age of child

It is an affirmative defense to any prosecution under ORS 163.684, 163.686, 163.687 or 163.693 that the defendant, at the time of engaging in the conduct prohibited therein, did not know and did not have reason to know that the relevant sexually explicit conduct involved a child.

CREDIT(S)

Laws 1985, c. 557, § 7; Laws 1987, c. 864, § 13; Laws 1991, c. 664, § 9; Laws 1995, c. 768, § 6.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.693

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Visual Recording of Sexual Conduct of Children

163.693. Failure to report child pornography

(1) As used in this section:

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

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

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

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

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

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

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

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

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

(6) Failure to report child pornography is a Class A misdemeanor.

CREDIT(S)

Laws 1987, c. 864, § 7; Laws 1991, c. 664, § 10; Laws 2011, c. 515, § 8, eff. June 23, 2011; Laws 2011, c. 515, § 11a, eff. June 23, 2011, operative Jan. 1, 2012.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.695

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Visual Recording of Sexual Conduct of Children

163.695. Laws 1987, c. 864, § 8; Laws 1991, c. 664, § 11; Laws 1995, c. 768, § 7; repealed by Laws 2001, c. 666, § 56

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.696

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Visual Recording of Sexual Conduct of Children

163.696. Laws 2001, c. 666, § 49; repealed by Laws 2005, c. 830, § 48, eff. Sept. 2, 2005

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.700

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Invasion of Privacy

163.700. Invasion of personal privacy

(1) Except as provided in ORS 163.702, a person commits the crime of invasion of personal privacy if:

(a)(A) The person knowingly makes or records a photograph, motion picture, videotape or other visual recording of another person in a state of nudity without the consent of the person being recorded; and

(B) At the time the visual recording is made or recorded the person being recorded is in a place and circumstances where the person has a reasonable expectation of personal privacy; or

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

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

(2) As used in this section:

(a) “Makes or records a photograph, motion picture, videotape or other visual recording” includes, but is not limited to, making or recording or employing, authorizing, permitting, compelling or inducing another person to make or record a photograph, motion picture, videotape or other visual recording.

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

(A) Genitals;

(B) Pubic area; or

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

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

(3) Invasion of personal privacy is a Class A misdemeanor.

CREDIT(S)

Laws 1997, c. 697, § 1; Laws 2001, c. 330, § 1;Laws 2009, c. 877, § 1, eff. Jan. 1, 2010.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.702

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Invasion of Privacy

163.702. Exceptions

(1) The provisions of ORS 163.700 do not apply to:

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

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

(2) The provisions of ORS 163.700 (1)(a) do not apply to a visual recording of a person under 12 years of age if:

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

(b) The visual recording is made or recorded for a purpose other than arousing or gratifying the sexual desire of the person or another person.

CREDIT(S)

Laws 1997, c. 697, § 2;Laws 2009, c. 877, § 2, eff. Jan. 1, 2010.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.705

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Miscellaneous

163.705. Polygraph examination of sex offense victims

No district attorney or other law enforcement officer or investigator involved in the investigation or prosecution of crimes, or any employee thereof, shall require any complaining witness in a case involving the use of force, violence, duress, menace or threat of physical injury in the commission of any sex crime under ORS 163.305 to 163.575, to submit to a polygraph examination as a prerequisite to filing an accusatory pleading.

CREDIT(S)

Laws 1981, c. 877, § 1.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.707

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Miscellaneous

163.707. Forfeiture of motor vehicle used in drive-by shooting

(1) A motor vehicle used by the owner in a drive-by shooting is subject to civil in rem forfeiture.

(2) Seizure and forfeiture proceedings under this section shall be conducted in accordance with ORS chapter 131A.

(3) As used in this section, “drive-by shooting” means discharge of a firearm from a motor vehicle while committing or attempting to commit:

(a) Aggravated murder under ORS 163.095;

(b) Murder under ORS 163.115;

(d) Assault in any degree under ORS 163.160, 163.165, 163.175 or 163.185;

(e) Menacing under ORS 163.190;

(f) Recklessly endangering another person under ORS 163.195;

(g) Assaulting a public safety officer under ORS 163.208; or

(h) Intimidation in any degree under ORS 166.155 or 166.165.

CREDIT(S)

Laws 1999, c. 870, § 1; Laws 2009, c. 78, § 57, eff. April 28, 2009.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.709

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Miscellaneous

163.709. Unlawful directing of light from a laser pointer

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

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

(b) A uniformed private security professional as defined in ORS 181.870 who is on duty.

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

(3) As used in this section, “laser pointer” means a device that emits light amplified by the stimulated emission of radiation that is visible to the human eye.

CREDIT(S)

Laws 1999, c. 757, § 1; Laws 2005, c. 447, § 9.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. T. 16, Ch. 163, Refs & Annos

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons

Stalking

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.730

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Stalking (Refs & Annos)

163.730. Definitions

As used in ORS 30.866 and 163.730 to 163.750, unless the context requires otherwise:

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

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

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

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

(b) Following the other person;

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

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

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

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

(g) Committing a crime against the other person;

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

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

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

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

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

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

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

(6) “Law enforcement officer” means:

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

(A) A county sheriff, constable or marshal;

(B) A police department established by a university under ORS 352.383; or

(b) An authorized tribal police officer as defined in section 1, chapter 644, Oregon Laws 2011.

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

(8) “School” means a public or private institution of learning or a child care facility.

CREDIT(S)

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.730

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Stalking (Refs & Annos)

163.730. Definitions

As used in ORS 30.866 and 163.730 to 163.750, unless the context requires otherwise:

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

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

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

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

(b) Following the other person;

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

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

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

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

(g) Committing a crime against the other person;

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

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

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

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

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

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

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

(6) “Law enforcement officer” means:

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

(A) A county sheriff, constable or marshal;

(B) A police department established by a university under ORS 352.383 or section 1 of this 2013 Act; or

(b) An authorized tribal police officer as defined in section 1, chapter 644, Oregon Laws 2011.

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

(8) “School” means a public or private institution of learning or a child care facility.

CREDIT(S)

Laws 1993, c. 626, § 1; Laws 1995, c. 278, § 27; Laws 1995, c. 353, § 1; Laws 2001, c. 870, § 1; Laws 2007, c. 71, § 46, eff. Jan. 1, 2008; Laws 2009, c. 359, § 2, eff. Jan. 1, 2010; Laws 2011, c. 644, § 24, eff. July 22, 2011; Laws 2011, c. 644, § 66, eff. July 22, 2011, operative Jan. 1, 2012; Laws 2013, c. 180, § 25, eff. May 16, 2013, operative Jan. 1, 2014.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.730

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Stalking (Refs & Annos)

163.730. Definitions

As used in ORS 30.866 and 163.730 to 163.750, unless the context requires otherwise:

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

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

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

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

(b) Following the other person;

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

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

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

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

(g) Committing a crime against the other person;

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

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

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

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

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

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

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

(6) “Law enforcement officer” means a person employed in this state as a police officer by:

(a) A county sheriff, constable or marshal;

(b) A police department established by a university under ORS 352.383 or section 1 of this 2013 Act; or

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

(8) “School” means a public or private institution of learning or a child care facility.

CREDIT(S)

Laws 1993, c. 626, § 1; Laws 1995, c. 278, § 27; Laws 1995, c. 353, § 1; Laws 2001, c. 870, § 1; Laws 2007, c. 71, § 46, eff. Jan. 1, 2008; Laws 2009, c. 359, § 2, eff. Jan. 1, 2010; Laws 2011, c. 644, § 24, eff. July 22, 2011; Laws 2011, c. 644, § 66, eff. July 22, 2011, operative Jan. 1, 2012; Laws 2011, c. 644, § 73, eff. July 22, 2011, operative July 1, 2015; Laws 2013, c. 180, § 26, eff. May 16, 2013, operative July 1, 2015.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.732

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Stalking (Refs & Annos)

163.732. Stalking

(1) A person commits the crime of stalking if:

(a) The person knowingly alarms or coerces another person or a member of that person's immediate family or household by engaging in repeated and unwanted contact with the other person;

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

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

(2)(a) Stalking is a Class A misdemeanor.

(b) Notwithstanding paragraph (a) of this subsection, stalking is a Class C felony if the person has a prior conviction for:

(A) Stalking; or

(B) Violating a court's stalking protective order.

(c) When stalking is a Class C felony pursuant to paragraph (b) of this subsection, stalking shall be classified as a person felony and as crime category 8 of the sentencing guidelines grid of the Oregon Criminal Justice Commission.

CREDIT(S)

Laws 1993, c. 626, § 2; Laws 1995, c. 353, § 2.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.735

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Stalking (Refs & Annos)

163.735. Citation; form

(1) Upon a complaint initiated as provided in ORS 163.744, a law enforcement officer shall issue a citation ordering the person to appear in court within three judicial days and show cause why the court should not enter a court's stalking protective order when the officer has probable cause to believe that:

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

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

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

(2) The Department of State Police shall develop and distribute a form for the citation. The form shall be uniform throughout the state and shall contain substantially the following in addition to any other material added by the department:

OFFICER:_____________________________________________________________________________

AGENCY:_____________________________________________________________________________

PETITIONER:_____________________________________________________________________________

PERSON TO BE PROTECTED IF OTHER THAN PETITIONER:_____________________________________________________________________________

RESPONDENT:_____________________________________________________________________________

On behalf of petitioner, I affirm that I am a law enforcement officer in the State of Oregon.

You, the respondent, must appear at _________________________ (name and location of court at which respondent is to appear) on ____________ (date and time respondent is to appear in court). At this hearing, you must be prepared to establish why the court should not enter a court's stalking protective order which shall be for an unlimited duration unless limited by law or court order. If you fail to appear at this hearing, the court shall immediately issue a warrant for your arrest and shall enter a court's stalking protective order.

If the court issues a stalking protective order at this hearing, and while the protective order is in effect, federal law may prohibit you from:

Traveling across state lines or tribal land lines with the intent to violate this order and then violating this order.

Causing the person protected by the order, if the person is your spouse or intimate partner, to cross state lines or tribal land lines for your purpose of violating the order.

Possessing, receiving, shipping or transporting any firearm or firearm ammunition.

Whether or not a stalking protective order is in effect, federal law may prohibit you from:

Traveling across state lines or tribal land lines with the intent to injure or harass another person and during, or because of, that travel placing that person in reasonable fear of death or serious bodily injury to that person or to a member of that person's immediate family.

Traveling across state lines or tribal land lines with the intent to injure your spouse or intimate partner and then intentionally committing a crime of violence causing bodily injury to that person.

Causing your spouse or intimate partner to travel across state lines or tribal land lines if your intent is to cause bodily injury to that person or if the travel results in your causing bodily injury to that person.

It has been alleged that you have alarmed or coerced the petitioner, or person to be protected if other than the petitioner. If you engage in contact that alarms or coerces the petitioner, or person to be protected if other than the petitioner, in violation of ORS 163.732, you may be arrested for the crime of stalking.

Date: _______________ Time: _______________

Signed: __________________________________________________

(Respondent)

Signed: __________________________________________________

(Law enforcement officer).

CREDIT(S)

Laws 1993, c. 626, § 3; Laws 1995, c. 353, § 3; Laws 1999, c. 1052, § 10.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.738

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Stalking (Refs & Annos)

163.738. Contents of citation; hearing; protective order

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

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

(B) The name of the respondent;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(8) Except for purposes of impeachment, a statement made by the respondent at a hearing under this section may not be used as evidence in a prosecution for stalking as defined in ORS 163.732 or for violating a court's stalking protective order as defined in ORS 163.750.

CREDIT(S)

Laws 1993, c. 626, § 4; Laws 1995, c. 353, § 4; Laws 1997, c. 863, § 6; Laws 1999, c. 1052, § 2; Laws 2003, c. 292, § 2, eff. June 11, 2003.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.741

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Stalking (Refs & Annos)

163.741. Stalking order; issuance; delivery to county sheriff; duties of sheriff; termination of order

(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 or 163.738, is served on a respondent, the person serving the order shall immediately deliver to the county sheriff a true copy of the affidavit 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. 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 the affidavit 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.

CREDIT(S)

Laws 1993, c. 626, § 5; Laws 1999, c. 1052, § 3; Laws 2007, c. 255, § 11, eff. June 1, 2007; Laws 2009, c. 364, § 3, eff. Jan. 1, 2010; Laws 2011, c. 269, § 6, eff. Jan. 1, 2012.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.744

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Stalking (Refs & Annos)

163.744. Complaint, form

(1) A person may initiate an action seeking a citation under ORS 163.735 by presenting a complaint to a law enforcement officer or to any law enforcement agency. The complaint shall be a statement setting forth with particularity the conduct that is the basis for the complaint. The petitioner must affirm the truth of the facts in the complaint.

(2) The Department of State Police shall develop and distribute the form of the complaint. The form shall include the standards for reviewing the complaint and for action. The form shall be uniform throughout the state and shall include substantially the following material:

STALKING COMPLAINT

Name of petitioner (person presenting complaint): _____________________________________________________________________________

Name of person being stalked if other than the petitioner:_____________________________________________________________________________

_____________________________________________________________________________

Name of respondent (alleged stalker):

_____________________________________________________________________________

Description of respondent:

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

Length of period of conduct:

_____________________________________________________________________________

_____________________________________________________________________________

Description of relationship (if any) between petitioner or person being stalked, if other than the petitioner, and respondent:

_____________________________________________________________________________

_____________________________________________________________________________

Description of contact:

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

Subscribed to and affirmed by:

_____________________________________________________________________________

(signature of petitioner)

(printed name of petitioner)

_____________________________________________________________________________

Dated: ____________________

(3) A parent may present a complaint to protect a minor child. A guardian may present a complaint to protect a dependent person.

(4) By signing the complaint, a person is making a sworn statement for purposes of ORS 162.055 to 162.425.

CREDIT(S)

Laws 1993, c. 626, § 6; Laws 1995, c. 353, § 5.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.747

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Stalking (Refs & Annos)

163.747. Laws 1993, c. 626, § 7; repealed by Laws 1995, c. 353, § 10

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.750

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Stalking (Refs & Annos)

163.750. Violating court's stalking protective order

(1) A person commits the crime of violating a court's stalking protective order when:

(a) The person has been served with a court's stalking protective order as provided in ORS 30.866 or 163.738 or if further service was waived under ORS 163.741 because the person appeared before the court;

(b) The person, subsequent to the service of the order, has engaged intentionally, knowingly or recklessly in conduct prohibited by the order; and

(c) If the conduct is prohibited contact as defined in ORS 163.730 (3)(d), (e), (f), (h) or (i), the subsequent conduct has created reasonable apprehension regarding the personal safety of a person protected by the order.

(2)(a) Violating a court's stalking protective order is a Class A misdemeanor.

(b) Notwithstanding paragraph (a) of this subsection, violating a court's stalking protective order is a Class C felony if the person has a prior conviction for:

(A) Stalking; or

(B) Violating a court's stalking protective order.

(c) When violating a court's stalking protective order is a Class C felony pursuant to paragraph (b) of this subsection, violating a court's stalking protective order shall be classified as a person felony and as crime category 8 of the sentencing guidelines grid of the Oregon Criminal Justice Commission.

CREDIT(S)

Laws 1993, c. 626, § 8; Laws 1995, c. 353, § 7.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.753

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Stalking (Refs & Annos)

163.753. Immunity, law enforcement officer

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.

CREDIT(S)

Laws 1993, c. 626, § 11; Laws 1995, c. 353, § 9.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 163.755

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 163. Offenses Against Persons (Refs & Annos)

Stalking (Refs & Annos)

163.755. Conduct authorized or protected by labor laws

(1) Nothing in ORS 30.866 or 163.730 to 163.750 shall be construed to permit the issuance of a court's stalking protective order under ORS 30.866 or 163.738, the issuance of a citation under ORS 163.735, a criminal prosecution under ORS 163.732 or a civil action under ORS 30.866:

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

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

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

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

(2) As used in this section, “law enforcement unit” and “parole and probation officer” have the meanings given those terms in ORS 181.610.

CREDIT(S)

Laws 1995, c. 353, § 8; Laws 2003, c. 292, § 1, eff. June 11, 2003.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. T. 16, Ch. 164, Refs & Annos

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.005

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Definitions

164.005. Definitions

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.

CREDIT(S)

Laws 1971, c. 743, § 121.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.010

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Definitions

164.010. Amended by Laws 1959, c. 236, § 1; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. T. 16, Ch. 164, Refs & Annos

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property

Theft and Related Offenses

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.015

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Theft and Related Offenses (Refs & Annos)

164.015. Theft

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

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

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

(3) Commits theft by extortion as provided in ORS 164.075;

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

(5) Commits theft by receiving as provided in ORS 164.095.

CREDIT(S)

Laws 1971, c. 743, § 123; Laws 2007, c. 71, § 47, eff. Jan. 1, 2008.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.020

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Theft and Related Offenses (Refs & Annos)

164.020. Amended by Laws 1959, c. 236, § 2; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.025

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Theft and Related Offenses (Refs & Annos)

164.025. Single offense; theft by extortion, proof

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

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

(3) Proof that the defendant engaged in conduct constituting theft as defined in ORS 164.015 is sufficient to support any indictment, information or complaint for theft other than one charging theft by extortion. An accusation of theft by extortion must be supported by proof establishing theft by extortion.

CREDIT(S)

Laws 1971, c. 743, § 122.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.030

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Theft and Related Offenses (Refs & Annos)

164.030. Amended by Laws 1955, c. 37, § 1; Laws 1959, c. 236, § 3; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.035

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Theft and Related Offenses (Refs & Annos)

164.035. Defenses

(1) In a prosecution for theft it is a defense that the defendant acted under an honest claim of right, in that:

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

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

(2) In a prosecution for theft by extortion committed by instilling in the victim a fear that the victim or another person would be charged with a crime, it is a defense that the defendant reasonably believed the threatened charge to be true and that the sole purpose of the defendant was to compel or induce the victim to take reasonable action to make good the wrong which was the subject of the threatened charge.

(3) In a prosecution for theft by receiving, it is a defense that the defendant received, retained, concealed or disposed of the property with the intent of restoring it to the owner.

(4) It is a defense that the property involved was that of the defendant's spouse, unless the parties were not living together as husband and wife and were living in separate abodes at the time of the alleged theft.

CREDIT(S)

Laws 1971, c. 743, § 132; Laws 2001, c. 104, § 53.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.040

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Theft and Related Offenses (Refs & Annos)

164.040. Amended by Laws 1959, c. 236, § 4; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.043

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Theft and Related Offenses (Refs & Annos)

164.043. Theft in the third degree

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

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

(b) The total value of the property in a single or an aggregate transaction is less than $100.

(2) Theft in the third degree is a Class C misdemeanor.

CREDIT(S)

Laws 1987, c. 907, § 2; Laws 2009, c. 11, § 11, eff. Jan. 1, 2010; Laws 2009, c. 16, § 1, eff. Jan. 1, 2010.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.045

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Theft and Related Offenses (Refs & Annos)

164.045. Theft in the second degree

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

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

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

(2) Theft in the second degree is a Class A misdemeanor.

CREDIT(S)

Laws 1971, c. 743, § 124; Laws 1987, c. 907, § 3; Laws 1993, c. 680, § 19; Laws 2009, c. 11, § 12, eff. Jan. 1, 2010; Laws 2009, c. 16, § 2, eff. Jan. 1, 2010.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.050

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Theft and Related Offenses (Refs & Annos)

164.050. Repealed by Laws 1965, c. 253, § 153

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.055

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Theft and Related Offenses (Refs & Annos)

164.055. Theft in the first degree

(1) A person commits the crime of theft in the first degree if, by means other than extortion, the person commits theft as defined in ORS 164.015 and:

(a) The total value of the property in a single or aggregate transaction is $1,000 or more;

(b) The theft is committed during a riot, fire, explosion, catastrophe or other emergency in an area affected by the riot, fire, explosion, catastrophe or other emergency;

(d) The subject of the theft is a firearm or explosive;

(e) The subject of the theft is a livestock animal, a companion animal or a wild animal removed from habitat or born of a wild animal removed from habitat, pursuant to ORS 497.308 (2)(c); or

(f) The subject of the theft is a precursor substance.

(2) As used in this section:

(a) “Companion animal” means a dog or cat possessed by a person, business or other entity for purposes of companionship, security, hunting, herding or providing assistance in relation to a physical disability.

(b) “Explosive” means a chemical compound, mixture or device that is commonly used or intended for the purpose of producing a chemical reaction resulting in a substantially instantaneous release of gas and heat, including but not limited to dynamite, blasting powder, nitroglycerin, blasting caps and nitrojelly, but excluding fireworks as defined in ORS 480.110 (1), black powder, smokeless powder, small arms ammunition and small arms ammunition primers.

(d) “Livestock animal” means a ratite, psittacine, horse, gelding, mare, filly, stallion, colt, mule, ass, jenny, bull, steer, cow, calf, goat, sheep, lamb, llama, pig or hog.

(e) “Precursor substance” has the meaning given that term in ORS 475.940.

(3) Theft in the first degree is a Class C felony.

CREDIT(S)

Laws 1971, c. 743, § 125; Laws 1973, c. 405, § 1; Laws 1983, c. 740, § 32; Laws 1987, c. 907, § 4; Laws 1991, c. 837, § 9; Laws 1993, c. 252, § 5; Laws 1993, c. 680, § 20; Laws 2005, c. 706, § 10, eff. Aug. 16, 2005; Laws 2009, c. 16, § 3, eff. Jan. 1, 2010; Laws 2009, c. 610, § 6, eff. Jan. 1, 2010.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.057

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Theft and Related Offenses (Refs & Annos)

164.057. Aggravated theft in the first degree

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

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

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

(2) Aggravated theft in the first degree is a Class B felony.

CREDIT(S)

Laws 1987, c. 907, § 5.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.060

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Theft and Related Offenses (Refs & Annos)

164.060. Repealed by Laws 1965, c. 253, § 153

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.061

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Theft and Related Offenses (Refs & Annos)

164.061. Sentencing for aggravated theft in the first degree convictions

When a person is convicted of aggravated theft in the first degree under ORS 164.057, the court shall sentence the person to a term of incarceration ranging from 16 months to 45 months, depending on the person's criminal history, if:

(1) The victim of the theft was 65 years of age or older at the time of the commission of the offense; and

(2) The value of the property stolen from the victim described in subsection (1) of this section, in a single or aggregate transaction, is $10,000 or more.

CREDIT(S)

Added by Laws 2008, c. 14 (1st Sp. Sess.), § 4, eff. Jan. 1, 2009.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.063

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Theft and Related Offenses (Refs & Annos)

164.063. Disproportionate impact

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

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

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

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

CREDIT(S)

Added by Laws 2009, c. 811, § 7, eff. Jan. 1, 2010.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.065

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Theft and Related Offenses (Refs & Annos)

164.065. Theft of lost, mislaid, or misdelivered property

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.

CREDIT(S)

Laws 1971, c. 743, § 126.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.070

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Theft and Related Offenses (Refs & Annos)

164.070. Amended by Laws 1965, c. 253, § 131; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.075

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Theft and Related Offenses (Refs & Annos)

164.075. Theft by extortion

(1) A person commits theft by extortion when the person compels or induces another to deliver property to the person or to a third person by instilling in the other a fear that, if the property is not so delivered, the actor or a third person will in the future:

(a) Cause physical injury to some person;

(b) Cause damage to property;

(d) Accuse some person of a crime or cause criminal charges to be instituted against the person;

(e) Expose a secret or publicize an asserted fact, whether true or false, tending to subject some person to hatred, contempt or ridicule;

(f) Cause or continue a strike, boycott or other collective action injurious to some person's business, except that such conduct is not considered extortion when the property is demanded or received for the benefit of the group in whose interest the actor purports to act;

(g) Testify or provide information or withhold testimony or information with respect to another's legal claim or defense;

(h) Use or abuse the position as a public servant by performing some act within or related to official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely; or

(i) Inflict any other harm that would not benefit the actor.

(2) Theft by extortion is a Class B felony.

CREDIT(S)

Laws 1971, c. 743, § 127; Laws 1987, c. 158, § 27; Laws 2007, c. 71, § 48, eff. Jan. 1, 2008.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.080

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Theft and Related Offenses (Refs & Annos)

164.080. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.085

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Theft and Related Offenses (Refs & Annos)

164.085. Theft by deception

(1) A person, who obtains property of another thereby, commits theft by deception when, with intent to defraud, the person:

(a) Creates or confirms another's false impression of law, value, intention or other state of mind that the actor does not believe to be true;

(b) Fails to correct a false impression that the person previously created or confirmed;

(d) Sells or otherwise transfers or encumbers property, failing to disclose a lien, adverse claim or other legal impediment to the enjoyment of the property, whether such impediment is or is not valid, or is or is not a matter of official record; or

(e) Promises performance that the person does not intend to perform or knows will not be performed.

(2) “Deception” does not include falsity as to matters having no pecuniary significance, or representations unlikely to deceive ordinary persons in the group addressed. For purposes of this subsection, the theft of a companion animal, as defined in ORS 164.055, or a captive wild animal is a matter having pecuniary significance.

(3) In a prosecution for theft by deception, the defendant's intention or belief that a promise would not be performed may not be established by or inferred from the fact alone that such promise was not performed.

(4) In a prosecution for theft by deception committed by means of a bad check, it is prima facie evidence of knowledge that the check or order would not be honored if:

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

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

CREDIT(S)

Laws 1971, c. 743, § 128; Laws 1991, c. 837, § 10; Laws 2007, c. 71, § 49, eff. Jan. 1, 2008.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.090

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Theft and Related Offenses (Refs & Annos)

164.090. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.095

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Theft and Related Offenses (Refs & Annos)

164.095. Theft by receiving

(1) A person commits theft by receiving if the person receives, retains, conceals or disposes of property of another knowing or having good reason to know that the property was the subject of theft.

(2) It is a defense to a charge of violating subsection (1) of this section if:

(a) The person is a scrap metal business as defined in ORS 165.116 or an agent or employee of a scrap metal business;

(b) The person receives or retains metal property as defined in ORS 165.116; and

(3) “Receiving” means acquiring possession, control or title, or lending on the security of the property.

CREDIT(S)

Laws 1971, c. 743, § 129; Laws 2009, c. 811, § 9, eff. Jan. 1, 2010.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.098

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Theft and Related Offenses (Refs & Annos)

164.098. Organized retail theft

(1) A person commits the crime of organized retail theft if, acting in concert with another person:

(a) The person violates ORS 164.015 or aids or abets the other person to violate ORS 164.015;

(b) The subject of the theft is merchandise and the merchandise is taken from a mercantile establishment; and

(2) As used in this section:

(a) “Merchandise” has the meaning given that term in ORS 30.870.

(b) “Mercantile establishment” has the meaning given that term in ORS 30.870.

(3) Organized retail theft is a Class B felony.

CREDIT(S)

Added by Laws 2007, c. 498, § 2, eff. Jan. 1, 2008.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.100

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Theft and Related Offenses (Refs & Annos)

164.100. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.105

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Theft and Related Offenses (Refs & Annos)

164.105. Right of possession

Right of possession of property is as follows:

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

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

(3) In the absence of a specific agreement to the contrary, a person in lawful possession of property shall be deemed to have a right of possession superior to that of a person having only a security interest in the property, even if legal title to the property lies with the holder of the security interest pursuant to a conditional sale contract or other security agreement.

CREDIT(S)

Laws 1971, c. 743, § 130; Laws 1987, c. 158, § 28.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.110

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Theft and Related Offenses (Refs & Annos)

164.110. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.115

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Theft and Related Offenses (Refs & Annos)

164.115. Value of stolen property

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

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

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

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

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

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

(4) The value of the wildlife listed in ORS 496.705 is the amount of damages as specified in ORS 496.705.

(5) When the value of property cannot reasonably be ascertained, it shall be presumed to be an amount less than $50 in a case of theft, and less than $500 in any other case.

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

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

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

CREDIT(S)

Laws 1971, c. 743, § 131; Laws 1987, c. 907, § 6; Laws 1993, c. 680, § 22;Laws 1997, c. 867, § 18; Laws 2011, c. 363, § 2, eff. Jan. 1, 2012.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.125

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Theft and Related Offenses (Refs & Annos)

164.125. Theft of services

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

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

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

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

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

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

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

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

(5) Theft of services is:

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

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

(d) A Class B felony if the aggregate total value of services that are the subject of the theft is $10,000 or more.

CREDIT(S)

Laws 1971, c. 743, § 133; Laws 1973, c. 133, § 1; Laws 1985, c. 537, § 1; Laws 1987, c. 907, § 8; Laws 1993, c. 680, § 21; Laws 2009, c. 16, § 4, eff. Jan. 1, 2010.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.130

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Theft and Related Offenses (Refs & Annos)

164.130. Theft of telephone or telegraph services; jurisdiction

(1) ORS 164.125 shall apply when the telephone or telegraph communication involved either originates or terminates, or both originates and terminates, in this state, or when the charges for service would have been billable, in normal course, by a person providing telephone or telegraph service in this state, but for the fact that the charge for service was avoided, or attempted to be avoided by one or more of the means set forth in ORS 164.125.

(2) Jurisdiction of an offense under ORS 164.125 is in the jurisdictional territory where the telephone or telegraph communication involved in the offense originates or where it terminates, or the jurisdictional territory to which the bill for the service is sent or would have been sent but for the fact that the service was obtained or attempted to be obtained by one or more of the means set forth in ORS 164.125.

CREDIT(S)

Laws 1973, c. 133, § 3.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.132

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Theft and Related Offenses (Refs & Annos)

164.132. Unlawful distribution of cable television equipment

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

(2) Unlawful distribution of cable television equipment is a Class B misdemeanor.

CREDIT(S)

Laws 1985, c. 537, § 3.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.135

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Theft and Related Offenses (Refs & Annos)

164.135. Unauthorized use of vehicle

(1) A person commits the crime of unauthorized use of a vehicle when:

(a) The person takes, operates, exercises control over, rides in or otherwise uses another's vehicle, boat or aircraft without consent of the owner;

(b) Having custody of a vehicle, boat or aircraft pursuant to an agreement between the person or another and the owner thereof whereby the person or another is to perform for compensation a specific service for the owner involving the maintenance, repair or use of such vehicle, boat or aircraft, the person intentionally uses or operates it, without consent of the owner, for the person's own purpose in a manner constituting a gross deviation from the agreed purpose; or

(c) Having custody of a vehicle, boat or aircraft pursuant to an agreement with the owner thereof whereby such vehicle, boat or aircraft is to be returned to the owner at a specified time, the person knowingly retains or withholds possession thereof without consent of the owner for so lengthy a period beyond the specified time as to render such retention or possession a gross deviation from the agreement.

(2) Unauthorized use of a vehicle, boat or aircraft is a Class C felony.

(3) Subsection (1)(a) of this section does not apply to a person who rides in or otherwise uses a public transit vehicle, as defined in ORS 166.116, if the vehicle is being operated by an authorized operator within the scope of the operator's employment.

CREDIT(S)

Laws 1971, c. 743, § 134; Laws 2001, c. 851, § 1; Laws 2007, c. 71, § 50, eff. Jan. 1, 2008.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.138

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Theft and Related Offenses (Refs & Annos)

164.138. Criminal possession of rented or leased motor vehicle

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

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

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

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

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

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

(4) Criminal possession of a rented or leased motor vehicle is a Class C felony.

CREDIT(S)

Added by Laws 2007, c. 684, § 1, eff. Jan. 1, 2008.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.140

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Theft and Related Offenses (Refs & Annos)

164.140. Criminal possession of rented or leased personal property

(1) A person is guilty of criminal possession of rented or leased personal property if:

(a) After renting an item of personal property from a commercial renter of personal property under a written agreement which provides for the return of the item to a particular place at a particular time, the person fails to return the item as specified, is thereafter served by mail with a written demand to return the item, and knowingly fails to return the item within 10 business days from the date of mailing of the demand; or

(b) After leasing an item of personal property from a commercial lessor of personal property under a written agreement which provides for periodic lease payments, the person fails to pay the lessor a periodic payment when due for a period of 45 days, is thereafter served by mail with a written demand to return the item, and knowingly fails to return the item within 10 business days from the date of mailing of the demand.

(2) Service of written demand under this section shall be accomplished by certified mail sent to the person who obtained the item of personal property by rental or lease, sent to the address stated in the rental or lease agreement and any other address of the person provided by the person to the renter or lessor. The person is responsible for providing correct current address information to the renter or lessor until the item of personal property is returned.

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

(4) For purposes of this section, the value of property shall be ascertained as provided in ORS 164.115. Criminal possession of rented or leased personal property is:

(a) A Class A misdemeanor if the aggregate total value of the personal property not returned is under $500.

(b) A Class C felony if the aggregate total value of the personal property not returned is $500 or more.

CREDIT(S)

Laws 1979, c. 476, § 3; Laws 1987, c. 907, § 9.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.160

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Mail-Related Offenses

164.160. Definitions

As used in this section and ORS 164.162:

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

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

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

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

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

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

(5) “Postal Service” means the United States Postal Service.

CREDIT(S)

Laws 1999, c. 920, § 1.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.162

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Mail-Related Offenses

164.162. Theft or receipt of stolen mail

(1) A person commits the crime of mail theft or receipt of stolen mail if the person intentionally:

(a) Takes or, by fraud or deception, obtains mail from a post office, postal station, mail receptacle, authorized depository or mail carrier;

(b) Takes from mail any article contained therein;

(d) Takes or, by fraud or deception, obtains mail that has been delivered to or left for collection on or adjacent to a mail receptacle or authorized depository; or

(e) Buys, receives, conceals or possesses mail or any article contained therein knowing that the mail or article has been unlawfully taken or obtained.

(2) Mail theft or receipt of stolen mail is a Class C felony.

CREDIT(S)

Laws 1999, c. 920, § 2; Laws 2008, c. 14 (1st Sp. Sess.), § 10, eff. Jan. 1, 2009; Laws 2009, c. 660, § 9, eff. Feb. 15, 2010; Laws 2009, c. 660, § 14, eff. Feb. 15, 2010, operative Jan. 1, 2012.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.164

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Mail-Related Offenses

164.164. Defense in ORS 164.162 prosecution

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

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

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

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

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

(b) The facilities to which paragraph (a) of this subsection applies are juvenile detention facilities and local correctional facilities as defined in ORS 169.005, detention facilities as defined in ORS 419A.004, youth correction facilities as defined in ORS 420.005 and Department of Corrections institutions as defined in ORS 421.005.

CREDIT(S)

Laws 1999, c. 920, § 3.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.170

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Money Laundering

164.170. Laundering a monetary instrument

(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

(2)(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, 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.

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

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

(B) One or more monetary instruments;

(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.

(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.

CREDIT(S)

Laws 1999, c. 878, § 1.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.172

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Money Laundering

164.172. Engaging in a financial transaction in property derived from unlawful activity

(1) A person commits the crime of engaging in a financial transaction in property derived from unlawful activity if the person knowingly engages in or attempts to engage in a financial transaction in property that:

(a) Constitutes, or is derived from, the proceeds of unlawful activity;

(b) Is of a value greater than $10,000; and

(c) The person knows is derived from or represents the proceeds of some form, though not necessarily which form, of unlawful activity.

(2)(a) Engaging in a financial transaction in property derived from unlawful activity is a Class C felony.

(3) As used in this section:

(a) “Financial transaction” has the meaning given that term in ORS 164.170. “Financial transaction” does not include any transaction necessary to preserve a person's right to representation as guaranteed by section 11, Article I of the Oregon Constitution, and the Sixth Amendment to the United States Constitution.

(b) “Unlawful activity” has the meaning given that term in ORS 164.170.

CREDIT(S)

Laws 1999, c. 878, § 2.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.174

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Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Money Laundering

164.174. Exceptions

Nothing in ORS 164.170 or 164.172 or the amendments to ORS 166.715 by section 4, chapter 878, Oregon Laws 1999, is intended to allow the prosecution of a corporation, business, partnership, limited liability company, limited liability partnership or any similar entity, or an employee or agent of such an entity, that makes a good faith effort to comply with federal and state laws governing the entity.

CREDIT(S)

Laws 1999, c. 878, § 3.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. T. 16, Ch. 164, Refs & Annos

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property

Burglary and Criminal Trespass

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.205

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Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Burglary and Criminal Trespass (Refs & Annos)

164.205. Definitions

As used in ORS 164.205 to 164.270, except as the context requires otherwise:

(1) “Building,” in addition to its ordinary meaning, includes any booth, vehicle, boat, aircraft or other structure adapted for overnight accommodation of persons or for carrying on business therein. Where a building consists of separate units, including, but not limited to, separate apartments, offices or rented rooms, each unit is, in addition to being a part of such building, a separate building.

(2) “Dwelling” means a building which regularly or intermittently is occupied by a person lodging therein at night, whether or not a person is actually present.

(3) “Enter or remain unlawfully” means:

(a) To enter or remain in or upon premises when the premises, at the time of such entry or remaining, are not open to the public or when the entrant is not otherwise licensed or privileged to do so;

(b) To fail to leave premises that are open to the public after being lawfully directed to do so by the person in charge;

(d) To enter or remain in a motor vehicle when the entrant is not authorized to do so.

(4) “Open to the public” means premises which by their physical nature, function, custom, usage, notice or lack thereof or other circumstances at the time would cause a reasonable person to believe that no permission to enter or remain is required.

(5) “Person in charge” means a person, a representative or employee of the person who has lawful control of premises by ownership, tenancy, official position or other legal relationship. “Person in charge” includes, but is not limited to the person, or holder of a position, designated as the person or position-holder in charge by the Governor, board, commission or governing body of any political subdivision of this state.

(6) “Premises” includes any building and any real property, whether privately or publicly owned.

CREDIT(S)

Laws 1971, c. 743, § 135; Laws 1983, c. 740, § 33; Laws 1999, c. 1040, § 10; Laws 2003, c. 444, § 1, eff. June 24, 2003.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.210

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Burglary and Criminal Trespass (Refs & Annos)

164.210. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.215

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Burglary and Criminal Trespass (Refs & Annos)

164.215. Burglary in the second degree

(1) Except as otherwise provided in ORS 164.255, a person commits the crime of burglary in the second degree if the person enters or remains unlawfully in a building with intent to commit a crime therein.

(2) Burglary in the second degree is a Class C felony.

CREDIT(S)

Laws 1971, c. 743, § 136; Laws 1993, c. 680, § 24.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.220

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Burglary and Criminal Trespass (Refs & Annos)

164.220. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.225

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Burglary and Criminal Trespass (Refs & Annos)

164.225. Burglary in the first degree

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

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

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

(2) Burglary in the first degree is a Class A felony.

CREDIT(S)

Laws 1971, c. 743, § 137; Laws 2003, c. 577, § 10.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.230

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Burglary and Criminal Trespass (Refs & Annos)

164.230. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.235

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Burglary and Criminal Trespass (Refs & Annos)

164.235. Possession of burglar's tools

(1) A person commits the crime of possession of a burglary tool or theft device if the person possesses a burglary tool or theft device and the person:

(a) Intends to use the tool or device to commit or facilitate a forcible entry into premises or a theft by a physical taking; or

(b) Knows that another person intends to use the tool or device to commit or facilitate a forcible entry into premises or a theft by a physical taking.

(2) For purposes of this section, “burglary tool or theft device” means an acetylene torch, electric arc, burning bar, thermal lance, oxygen lance or other similar device capable of burning through steel, concrete or other solid material, or nitroglycerine, dynamite, gunpowder or any other explosive, tool, instrument or other article adapted or designed for committing or facilitating a forcible entry into premises or theft by a physical taking.

(3) Possession of a burglary tool or theft device is a Class A misdemeanor.

CREDIT(S)

Laws 1971, c. 743, § 138; Laws 1999, c. 1040, § 13; Laws 2003, c. 577, § 9.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.240

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Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Burglary and Criminal Trespass (Refs & Annos)

164.240. Amended by Laws 1959, c. 99, § 1; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.243

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Burglary and Criminal Trespass (Refs & Annos)

164.243. Criminal trespass in the second degree by a guest

A guest commits the crime of criminal trespass in the second degree if that guest intentionally remains unlawfully in a transient lodging after the departure date of the guest's reservation without the approval of the hotelkeeper. “Guest” means a person who is registered at a hotel and is assigned to transient lodging, and includes any individual accompanying the person.

CREDIT(S)

Laws 1979, c. 856, § 2.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.245

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Burglary and Criminal Trespass (Refs & Annos)

164.245. Criminal trespass in the second degree

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

(2) Criminal trespass in the second degree is a Class C misdemeanor.

CREDIT(S)

Laws 1971, c. 743, § 139; Laws 1999, c. 1040, § 9.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.250

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Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Burglary and Criminal Trespass (Refs & Annos)

164.250. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.255

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Burglary and Criminal Trespass (Refs & Annos)

164.255. Criminal trespass in the first degree

(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;

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

(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.

CREDIT(S)

Laws 1971, c. 743, § 140; Laws 1993, c. 680, § 23; Laws 1999, c. 837, § 1;Laws 2001, c. 386, § 1; Laws 2003, c. 527, § 1.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.260

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Burglary and Criminal Trespass (Refs & Annos)

164.260. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.265

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Burglary and Criminal Trespass (Refs & Annos)

164.265. Criminal trespass while in possession of firearm

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

(2) Criminal trespass while in possession of a firearm is a Class A misdemeanor.

CREDIT(S)

Laws 1979, c. 603, § 2.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.270

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Burglary and Criminal Trespass (Refs & Annos)

164.270. Closure of premises to motor-propelled vehicles

(1) For purposes of ORS 164.245, a landowner or an agent of the landowner may close the privately owned premises of the landowner to motor-propelled vehicles by posting signs on or near the boundaries of the closed premises at the normal points of entry as follows:

(a) Signs must be no smaller than eight inches in height and 11 inches in width;

(b) Signs must contain the words “Closed to Motor-propelled Vehicles” or words to that effect in letters no less than one inch in height;

(c) Signs must display the name, business address and phone number, if any, of the landowner or agent of the landowner; and

(d) Signs must be posted at normal points of entry and be no further apart than 350 yards.

(2) A person violates ORS 164.245 if the person operates or rides upon or within a motor-propelled vehicle upon privately owned premises when the premises are posted as provided in this section and the person does not have written authorization to operate a motor-propelled vehicle upon the premises.

(3) Nothing contained in this section prevents emergency or law enforcement vehicles from entering upon land closed to motor-propelled vehicles.

CREDIT(S)

Laws 1981, c. 394, § 2.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.272

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Burglary and Criminal Trespass (Refs & Annos)

164.272. Unlawful entry into motor vehicle

(1) A person commits the crime of unlawful entry into a motor vehicle if the person enters a motor vehicle, or any part of a motor vehicle, with the intent to commit a crime.

(2) Unlawful entry into a motor vehicle is a Class A misdemeanor.

(3) As used in this section, “enters” includes, but is not limited to, inserting:

(a) Any part of the body; or

(b) Any object connected with the body.

CREDIT(S)

Laws 1995, c. 782, § 1.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.274

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Burglary and Criminal Trespass (Refs & Annos)

164.274. Definitions

As used in ORS 164.276 and 164.278:

(1) “Coach” means a person who instructs or trains members of a team or directs the strategy of a team participating in a sports event.

(2) “Inappropriate behavior” means:

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

(b) Violating the rules of conduct governing coaches, team players and spectators at a sports event;

(c) Publicly insulting another person by abusive words or gestures in a manner intended to provoke a violent response; or

(d) Intentionally subjecting another person to offensive physical contact.

(3) “Premises” has the meaning given that term in ORS 164.205.

(4) “Spectator” means any person, other than a team player or coach, who attends a sports event.

(5) “Sports official” has the meaning given that term in ORS 30.882.

CREDIT(S)

Laws 2003, c. 629, § 1.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.276

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Burglary and Criminal Trespass (Refs & Annos)

164.276. Sports event; power of sports official to eject persons

A sports official may order a coach, team player or spectator to leave the premises at which a sports event is taking place and at which the sports official is officiating if the coach, team player or spectator is engaging in inappropriate behavior.

CREDIT(S)

Laws 2003, c. 629, § 2.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.278

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Burglary and Criminal Trespass (Refs & Annos)

164.278. Criminal trespass at sports event

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

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

(b) Engages in inappropriate behavior;

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

(2) Criminal trespass at a sports event is a Class C misdemeanor.

CREDIT(S)

Laws 2003, c. 629, § 3.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. T. 16, Ch. 164, Refs & Annos

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property

Definitions

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.305

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Definitions (Refs & Annos)

164.305. Definitions

As used in ORS 164.305 to 164.377, except as the context requires otherwise:

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

(2) “Property of another” means property in which anyone other than the actor has a legal or equitable interest that the actor has no right to defeat or impair, even though the actor may also have such an interest in the property.

CREDIT(S)

Laws 1971, c. 743, § 141; Laws 1977, c. 640, § 1; Laws 1989, c. 584, § 1; Laws 2003, c. 543, § 1.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.310

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Definitions (Refs & Annos)

164.310. Amended by Laws 1957, c. 653, § 1; Laws 1959, c. 302, § 2; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.315

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Arson and Related Offenses

164.315. Arson in the second degree

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

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

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

(B) Any property of another and the damages to the property exceed $750; or

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

(2) Arson in the second degree is a Class C felony.

CREDIT(S)

Laws 1971, c. 743, § 143; Laws 2001, c. 432, § 1; Laws 2005, c. 706, § 3, eff. Aug. 16, 2005.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.320

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Arson and Related Offenses

164.320. Amended by Laws 1959, c. 77, § 1; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.325

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Arson and Related Offenses

164.325. Arson in the first degree

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

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

(A) Protected property of another;

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

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

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

(2) Arson in the first degree is a Class A felony.

CREDIT(S)

Laws 1971, c. 743, § 144; Laws 1991, c. 946, § 1; Laws 2005, c. 706, § 4, eff. Aug. 16, 2005.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.330

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Arson and Related Offenses

164.330. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.335

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Arson and Related Offenses

164.335. Reckless burning

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

(2) Reckless burning is a Class A misdemeanor.

CREDIT(S)

Laws 1971, c. 743, § 142.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.340

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Arson and Related Offenses

164.340. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.345

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Criminal Mischief and Related Offenses

164.345. Criminal mischief in the third degree

(1) A person commits the crime of criminal mischief in the third degree if, with intent to cause substantial inconvenience to the owner or to another person, and having no right to do so nor reasonable ground to believe that the person has such right, the person tampers or interferes with property of another.

(2) Criminal mischief in the third degree is a Class C misdemeanor.

CREDIT(S)

Laws 1971, c. 743, § 145.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.350

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Criminal Mischief and Related Offenses

164.350. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.354

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Criminal Mischief and Related Offenses

164.354. Criminal mischief in the second degree

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

(a) The person violates ORS 164.345, and as a result thereof, damages property in an amount exceeding $500; or

(b) Having no right to do so nor reasonable ground to believe that the person has such right, the person intentionally damages property of another, or, the person recklessly damages property of another in an amount exceeding $500.

(2) Criminal mischief in the second degree is a Class A misdemeanor.

CREDIT(S)

Laws 1971, c. 743, § 146; Laws 2009, c. 16, § 5, eff. Jan. 1, 2010.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.355

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Criminal Mischief and Related Offenses

164.355. Laws 1967, c. 378, §§ 1,2,3,4; Laws 1969, c. 287, § 1; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.360

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Criminal Mischief and Related Offenses

164.360. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.362

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Criminal Mischief and Related Offenses

164.362. Laws 1957, c. 714, §§ 1,6(1); repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.364

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Criminal Mischief and Related Offenses

164.364. Laws 1957, c. 714, §§ 4,5; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.365

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Criminal Mischief and Related Offenses

164.365. Criminal mischief in the first degree

(1) A person commits the crime of criminal mischief in the first degree who, with intent to damage property, and having no right to do so nor reasonable ground to believe that the person has such right:

(a) Damages or destroys property of another:

(A) In an amount exceeding $1,000;

(B) By means of an explosive;

(D) Which is a livestock animal as defined in ORS 164.055;

(E) Which is the property of a public utility, telecommunications carrier, railroad, public transportation facility or medical facility used in direct service to the public; or

(F) By intentionally interfering with, obstructing or adulterating in any manner the service of a public utility, telecommunications carrier, railroad, public transportation facility or medical facility; or

(b) Intentionally uses, manipulates, arranges or rearranges the property of a public utility, telecommunications carrier, railroad, public transportation facility or medical facility used in direct service to the public so as to interfere with its efficiency.

(2) As used in subsection (1) of this section:

(a) “Institution” includes state and local correctional facilities, mental health facilities, juvenile detention facilities and state training schools.

(b) “Medical facility” means a health care facility as defined in ORS 442.015, a licensed physician's office or anywhere a licensed medical practitioner provides health care services.

(c) “Public utility” has the meaning provided for that term in ORS 757.005 and includes any cooperative, people's utility district or other municipal corporation providing an electric, gas, water or other utility service.

(d) “Railroad” has the meaning provided for that term in ORS 824.020.

(e) “Public transportation facility” means any property, structure or equipment used for or in connection with the transportation of persons for hire by rail, air or bus, including any railroad cars, buses or airplanes used to carry out such transportation.

(f) “Telecommunications carrier” has the meaning given that term in ORS 133.721.

(3) Criminal mischief in the first degree is a Class C felony.

CREDIT(S)

Laws 1971, c. 743, § 147; Laws 1973, c. 133, § 6; Laws 1975, c. 344, § 1; Laws 1979, c. 805, § 1; Laws 1983, c. 740, § 33a; Laws 1987, c. 447, § 104; Laws 1987, c. 907, § 10; Laws 1989, c. 584, § 2; Laws 1991, c. 837, § 13; Laws 1991, c. 946, § 2; Laws 1993, c. 94, § 1; Laws 1993, c. 332, § 3; Laws 1999, c. 1040, § 11; Laws 1999, c. 1093, § 2; Laws 2003, c. 543, § 4; Laws 2009, c. 16, § 6, eff. Jan. 1, 2010.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.366

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Criminal Mischief and Related Offenses

164.366. Laws 1957, c. 714, §§ 2,6(2); repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.367

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Criminal Mischief and Related Offenses

164.367. Value of damage property

For purposes of ORS 164.345, 164.354 and 164.365, the value of damage done during single incidents of criminal mischief may be added together if the incidents of criminal mischief were committed:

(1) Against multiple victims in the same course of conduct; or

(2) Against the same victim, or two or more persons who are joint owners, within a 30-day period.

CREDIT(S)

Laws 1999, c. 1040, § 12.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.368

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Criminal Mischief and Related Offenses

164.368. Laws 1957, c. 714, § 3; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.369

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Criminal Mischief and Related Offenses

164.369. Laws 1989, c. 584, § 4; Laws 2003, c. 543, § 5; renumbered 167.337 in 2003 by the Legislative Counsel

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.370

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Criminal Mischief and Related Offenses

164.370. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.373

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Criminal Mischief and Related Offenses

164.373. Tampering with cable television equipment

(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.

CREDIT(S)

Laws 1985, c. 537, § 5.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.377

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Criminal Mischief and Related Offenses

164.377. Computer crime

(1) As used in this section:

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

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

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

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

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

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

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

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

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

(j) “Services” include, but are not limited to, computer time, data processing and storage functions.

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

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

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

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

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

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

(b) Any violation of this section relating to a computer, computer network, computer program, computer software, computer system or data owned or operated by the Oregon State Lottery or rented, owned or operated by another person or entity under contract to or at the direction of the Oregon State Lottery Commission shall be a Class C felony.

CREDIT(S)

Laws 1985, c. 537, § 8; Laws 1989, c. 737, § 1; Laws 1991, c. 962, § 17; Laws 2001, c. 870, § 18.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.380

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Criminal Mischief and Related Offenses

164.380. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.381

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Graffiti-Related Offenses

164.381. Definitions

As used in ORS 137.131, 164.381 to 164.386 and 419C.461:

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

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

CREDIT(S)

Laws 1995, c. 615, § 1.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.383

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Graffiti-Related Offenses

164.383. Unlawfully applying graffiti

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

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

(3) If the court orders community service, the community service must be completed within six months after entry of the order unless the person shows good cause why community service cannot be completed within the six-month time period.

CREDIT(S)

Laws 1995, c. 615, § 2; Laws 1999, c. 1051, § 156.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.385

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Graffiti-Related Offenses

164.385. Laws 1967, c. 243, § 1; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.386

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Graffiti-Related Offenses

164.386. Unlawfully possessing graffiti implement

(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.

(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 but notwithstanding ORS 137.129, 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.

CREDIT(S)

Laws 1995, c. 615, § 3; Laws 1999, c. 1051, § 157.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.388

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Graffiti-Related Offenses

164.388. Preemption

The provisions of ORS 137.131, 164.381 to 164.386 and 419C.461 are not intended to preempt any local regulation of graffiti or graffiti-related activities or any prosecution under ORS 164.345, 164.354 or 164.365.

CREDIT(S)

Laws 1995, c. 615, § 7; Laws 1999, c. 1040, § 6.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.390

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Graffiti-Related Offenses

164.390. Laws 1959, c. 626, §§ 1,4; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.392

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Graffiti-Related Offenses

164.392. Laws 1959, c. 626, §§ 2,3; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. T. 16, Ch. 164, Refs & Annos

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property

Robbery

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.395

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Robbery (Refs & Annos)

164.395. Robbery in the third degree

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

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

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

(2) Robbery in the third degree is a Class C felony.

CREDIT(S)

Laws 1971, c. 743, § 148; Laws 2003, c. 357, § 1.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.405

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Robbery (Refs & Annos)

164.405. Robbery in the second degree

(1) A person commits the crime of robbery in the second degree if the person violates ORS 164.395 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.

CREDIT(S)

Laws 1971, c. 743, § 149.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.410

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Robbery (Refs & Annos)

164.410. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.415

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Robbery (Refs & Annos)

164.415. Robbery in the first degree

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

(a) Is armed with a deadly weapon;

(b) Uses or attempts to use a dangerous weapon; or

(2) Robbery in the first degree is a Class A felony.

CREDIT(S)

Laws 1971, c. 743, § 150; Laws 2007, c. 71, § 51, eff. Jan. 1, 2008.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.420

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Robbery (Refs & Annos)

164.420. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.430

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Robbery (Refs & Annos)

164.430. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.440

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Robbery (Refs & Annos)

164.440. Amended by Laws 1969, c. 511, § 1; repealed by Laws 1971, c. 404, § 8 and by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.450

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Robbery (Refs & Annos)

164.450. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.452

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Robbery (Refs & Annos)

164.452. Laws 1965, c. 100, § 300; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.455

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Robbery (Refs & Annos)

164.455. Laws 1953, c. 535, § 1; Laws 1959, c. 687, § 2; Laws 1965, c. 453, § 1; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.460

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Robbery (Refs & Annos)

164.460. Amended by Laws 1957, c. 470, § 1; Laws 1959, c. 530, § 2; Laws 1969, c. 501, § 3; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.462

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Robbery (Refs & Annos)

164.462. Laws 1963, c. 552, §§ 1,2; Laws 1965, c. 450, § 1; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.465

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Robbery (Refs & Annos)

164.465. Laws 1953, c. 430, § 1; Laws 1959, c. 687, § 3; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.470

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Robbery (Refs & Annos)

164.470. Amended by Laws 1969, c. 594, § 1; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.480

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Robbery (Refs & Annos)

164.480. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.485

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Robbery (Refs & Annos)

164.485. Laws 1969, c. 652, § 1; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.490

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Robbery (Refs & Annos)

164.490. Laws 1969, c. 652, § 2; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.500

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Robbery (Refs & Annos)

164.500. Laws 1969, c. 652, §§ 3,4,6; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.505

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Robbery (Refs & Annos)

164.505. Laws 1969, c. 652, § 5; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.510

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Robbery (Refs & Annos)

164.510. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.520

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Robbery (Refs & Annos)

164.520. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.530

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Robbery (Refs & Annos)

164.530. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.540

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Robbery (Refs & Annos)

164.540. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.550

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Robbery (Refs & Annos)

164.550. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.555

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Robbery (Refs & Annos)

164.555. Laws 1963, c. 552, § 3; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.560

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Robbery (Refs & Annos)

164.560. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.570

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Robbery (Refs & Annos)

164.570. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.580

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Robbery (Refs & Annos)

164.580. Amended by Laws 1959, c. 580, § 103; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.590

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Robbery (Refs & Annos)

164.590. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.610

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Robbery (Refs & Annos)

164.610. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.620

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Robbery (Refs & Annos)

164.620. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.630

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Robbery (Refs & Annos)

164.630. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.635

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Robbery (Refs & Annos)

164.635. Laws 1961, c. 310, § 2; Laws 1967, c. 332, § 1; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.640

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Robbery (Refs & Annos)

164.640. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.650

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Robbery (Refs & Annos)

164.650. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.660

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Robbery (Refs & Annos)

164.660. Amended by Laws 1967, c. 390, § 1; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.670

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Robbery (Refs & Annos)

164.670. Amended by Laws 1965, c. 552, § 1; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.680

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Robbery (Refs & Annos)

164.680. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.690

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Robbery (Refs & Annos)

164.690. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.700

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Robbery (Refs & Annos)

164.700. Laws 1965, c. 594, § 1; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.710

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Robbery (Refs & Annos)

164.710. Amended by Laws 1969, c. 517, § 1; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.720

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Robbery (Refs & Annos)

164.720. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.730

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Robbery (Refs & Annos)

164.730. Amended by Laws 1967, c. 351, § 1; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.740

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Robbery (Refs & Annos)

164.740. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.750

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Robbery (Refs & Annos)

164.750. Laws 1969, c. 584, § 1; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.760

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Robbery (Refs & Annos)

164.760. Laws 1969, c. 584, §§ 2,3; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.770

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Robbery (Refs & Annos)

164.770. Laws 1969, c. 584, § 4; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.775

Formerly cited as OR ST § 449.107

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Littering

164.775. Unlawful deposit of trash near or in water; license suspension; civil penalties

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

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

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

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

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

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

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

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

(8) Nothing in this section or ORS 164.785 prohibits the operation of a disposal site, as defined in ORS 459.005, for which a permit is required by the Department of Environmental Quality, for which such a permit has been issued and which is being operated and maintained in accordance with the terms and conditions of such permit.

CREDIT(S)

Formerly 449.107; Laws 1999, c. 1051, § 132.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.780

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Littering

164.780. Laws 1969, c. 584, § 5; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.785

Formerly cited as OR ST § 449.105

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Littering

164.785. Placing polluting substances in waters, on highways or other property; exceptions

(1)(a) It is unlawful for any person, including a person in the possession or control of any land, to discard any dead animal carcass or part thereof, excrement, putrid, nauseous, noisome, decaying, deleterious or offensive substance into or in any other manner befoul, pollute or impair the quality of any spring, river, brook, creek, branch, well, irrigation drainage ditch, irrigation ditch, cistern or pond of water.

(b)(A) In a prosecution under this subsection, it is a defense that:

(i) The dead animal carcass that is discarded is a fish carcass;

(ii) The person returned the fish carcass to the water from which the person caught the fish; and

(iii) The person retained proof of compliance with any provisions regarding angling prescribed by the State Fish and Wildlife Commission pursuant to ORS 496.162.

(B) As used in this paragraph, “fish carcass” means entrails, gills, head, skin, fins and backbone.

(2) It is unlawful for any person to place or cause to be placed any polluting substance listed in subsection (1) of this section into any road, street, alley, lane, railroad right of way, lot, field, meadow or common. It is unlawful for an owner thereof to knowingly permit any polluting substances to remain in any of the places described in this subsection to the injury of the health or to the annoyance of any citizen of this state. Every 24 hours after conviction for violation of this subsection during which the violator permits the polluting substances to remain is an additional offense against this subsection.

(3) Nothing in this section shall apply to the storage or spreading of manure or like substance for agricultural, silvicultural or horticultural purposes, except that no sewage sludge, septic tank or cesspool pumpings shall be used for these purposes unless treated and applied in a manner approved by the Department of Environmental Quality.

(4) Violation of this section is a Class A misdemeanor.

(5) The Department of Environmental Quality may impose the civil penalty authorized by ORS 468.140 for violation of this section.

CREDIT(S)

Formerly 449.105; Laws 1983, c. 257, § 1; Laws 1987, c. 325, § 1; Laws 2013, c. 132, § 1, eff. May 16, 2013.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.805

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Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Littering

164.805. Offensive littering

(1) A person commits the crime of offensive littering if the person creates an objectionable stench or degrades the beauty or appearance of property or detracts from the natural cleanliness or safety of property by intentionally:

(a) Discarding or depositing any rubbish, trash, garbage, debris or other refuse upon the land of another without permission of the owner, or upon any public way or in or upon any public transportation facility;

(b) Draining, or causing or permitting to be drained, sewage or the drainage from a cesspool, septic tank, recreational or camping vehicle waste holding tank or other contaminated source, upon the land of another without permission of the owner, or upon any public way; or

(c) Permitting any rubbish, trash, garbage, debris or other refuse to be thrown from a vehicle that the person is operating. This subsection does not apply to a person operating a vehicle transporting passengers for hire subject to regulation by the Interstate Commerce Commission or the Department of Transportation or a person operating a school bus described under ORS 801.460.

(2) As used in this section:

(a) “Public transportation facility” has the meaning given that term in ORS 164.365.

(b) “Public way” includes, but is not limited to, roads, streets, alleys, lanes, trails, beaches, parks and all recreational facilities operated by the state, a county or a local municipality for use by the general public.

(3) Offensive littering is a Class C misdemeanor.

CREDIT(S)

Laws 1971, c. 743, § 283; Laws 1975, c. 344, § 2; Laws 1983, c. 338, § 897; Laws 1985, c. 420, § 20; Laws 2007, c. 71, § 52, eff. Jan. 1, 2008.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.810

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Littering

164.810. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.813

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Unlawful Transport

164.813. Special forest products offenses

(1) It is unlawful for any person to cut or split wood into special forest products or to harvest or remove special forest products from a place unless the person has in possession a written permit to do so from the owner of the land from which the wood is cut or the products taken. The written permit required under this subsection must set forth:

(a) The date of the permit;

(b) The name, address, telephone number and signature of the person granting the permit;

(d) The amount and kind of wood, by species, to be cut or split or the amount and kind of special forest products to be taken;

(e) A description of the premises from which the wood is to be cut or the products taken. The description may be by legal description, tax account number or other description clearly identifying the premises; and

(f) The date of expiration of the permit.

(2) It is unlawful for a person to transport special forest products without possessing a permit as described in subsection (1) of this section or a document of sale showing title thereto. A document of sale must be signed by the landowner, seller or donor, and must set forth:

(a) The date of the document;

(b) The name, address and telephone number of the seller or donor of the products;

(d) The amount and kind of products sold, by species; and

(e) A description of the premises from which the special forest products were taken. The description may be by legal description, tax account number or other description clearly identifying the premises, or by street address in the event of purchase from a woodlot or fuel dealer or dealer in other special forest products.

(3) Any person who engages in the purchase or other acquisition of special forest products for resale, other than special forest products acquired from property owned by that person, shall keep records of such purchases or acquisitions for a period of one year from the date of purchase or acquisition. The records shall be made available to any peace officer upon request and shall reveal:

(a) The date of purchase or acquisition;

(b) The name, address, telephone number and signature of the person from whom the special forest products were obtained and the date they were obtained;

(d) The quantity of special forest products purchased or acquired; and

(e) The name and address of the landowner from whose land the special forest product was harvested.

(4) Any permit for the removal of special forest products from public lands issued by the United States Forest Service or the Bureau of Land Management is sufficient for the purposes of subsections (1) and (2) of this section, regardless of whether the permit conforms to the specific requirements as to content set forth in subsections (1) and (2) of this section.

(5) Subsections (1) and (2) of this section do not apply to:

(a) The cutting or transportation of wild edible mushrooms occupying a volume at harvest of one gallon or less;

(b) The cutting or transportation of special forest products, as defined in subsection (6)(b)(D), (F) and (H) of this section, having a total volume of less than 27 cubic feet;

(c) The cutting or transportation of special forest products, other than those specified in paragraphs (a) and (b) of this subsection, having a total volume of less than 12 cubic feet;

(d) The cutting or transportation of coniferous trees that are subject to the provisions of ORS 164.825;

(e) The cutting or transportation of special forest products by the owner of the land from which they were taken or by the owner's agent; or

(f) The transportation of special forest products by a common carrier or contract carrier.

(6) As used in this section:

(a) “Harvest” means to separate by cutting, prying, picking, peeling, breaking, pulling, splitting or otherwise removing a special forest product from:

(A) Its physical connection or point of contact with the ground or vegetation upon which it was growing; or

(B) The place or position where it lay.

(b) “Special forest products” means:

(A) Bear grass (Xerophyllum tenas), boughs, branches, ferns and other forest plant parts used in floral arrangements and decorations;

(B) The bark and needles of the Pacific yew (Taxus brevifolia);

(D) Cedar salvage including cedar chunks, slabs, stumps and logs that are more than one cubic foot in volume;

(E) Cut or picked evergreen foliage and shrubs including, but not limited to, ferns, huckleberry, Oregon grape, rhododendron and salal;

(F) Firewood;

(G) Native ornamental trees and shrubs, including trees and shrubs that are not nursery grown and that have been removed from the ground with the roots intact;

(H) Round or split posts, poles, pickets, stakes or rails, shakeboards, shake-bolts, shingle bolts or other round or split products of any forest tree species; and

(I) Wild edible mushrooms that have not been cultivated or propagated by artificial means.

(d) “Transportation” means the physical conveyance of special forest products away from a harvest site and includes, but is not limited to, transportation in or on:

(A) A motor vehicle designed for use on improved roadways;

(B) A boat, barge, raft or other water vessel; or

(7) Subsection (3) of this section does not apply to a person who purchases cedar products that are special forest products and who complies with the record keeping requirements of ORS 165.109.

(8) Violation of any provision of subsections (1) to (3) of this section is a Class B misdemeanor.

CREDIT(S)

Laws 1981, c. 645, § 2; Laws 1989, c. 368, § 1; Laws 1993, c. 167, § 1; Laws 1995, c. 75, § 1.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.814

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Unlawful Transport

164.814. Forms for special forest products

No later than three months after September 9, 1995, the State Forester shall develop a typical form for the permit and document of sale required by ORS 164.813 and for the records required by ORS 164.813 (3). The State Forester shall make copies of the forms available. Use of the forms is not required.

CREDIT(S)

Laws 1995, c. 75, § 2.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.815

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Unlawful Transport

164.815. Unlawfully transporting hay

(1) A person commits the crime of unlawfully transporting hay if the person knowingly transports more than 20 bales of hay on a public highway without having in possession a transportation certificate signed by the producer or the agent of the producer showing:

(a) The amount of hay in possession and the date of acquisition of it;

(b) The price paid or agreed to be paid for the hay or other terms of the transportation or sale contract;

(d) The total number of bales or other units and the method of bailing or packaging; and

(e) The type of hay.

(2) Subsection (1) of this section does not apply to transportation of hay:

(a) By the producer thereof or the agent of the producer who has in possession written evidence of authority to transport the hay for the producer; or

(b) By a person or the agent of the person under contract to transport the hay for the producer.

(3) As used in this section:

(a) “Hay” means grasses, legumes or other forage plants grown in Oregon and intended for use as a feed.

(b) “Producer” means a person who raises and harvests hay on land the person owns or leases and who is delivering that hay from the field to a place of storage or sale or to a feedlot for livestock.

(4) Unlawfully transporting hay is a Class C misdemeanor.

CREDIT(S)

Laws 1971, c. 743, § 288a; Laws 1973, c. 445, § 1.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.820

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Unlawful Transport

164.820. Amended by Laws 1971, c. 647, § 1; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.825

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Unlawful Transport

164.825. Unauthorized cutting and transport of coniferous trees

(1) It is unlawful for any person to cut more than five coniferous trees unless the person has in possession written permission to do so from the owner of the land from which the trees are cut. The written permit required under this subsection must set forth:

(a) The date of the permit;

(b) The name, address, telephone number and signature of the person granting the permit;

(d) The number of trees, by species, to be cut;

(e) A description of the premises from which the trees are to be cut. The description may be by legal description or tax account number; and

(f) The date of expiration of the permit.

(2) It is unlawful for any person to transport over the highways of this state more than five coniferous trees without possessing a cutting permit as described in subsection (1) of this section or a document of title showing title thereto. A document of sale must be signed by the landowner, seller or donor, and shall set forth:

(a) The date of the document;

(b) The name, address and telephone number of the seller or donor of the trees;

(d) The number of trees, by species, sold or transferred by the permit or document of sale; and

(e) A description of the premises from which the trees were taken. The description may be by legal description, tax account number or other description clearly identifying the premises.

(3) The provisions of subsections (1) and (2) of this section do not apply to:

(a) The transportation of trees in the course of transplantation, with their roots intact.

(b) The cutting or transportation of coniferous trees by the owner of the land from which they were taken or by the owner's agent.

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

CREDIT(S)

Laws 1971, c. 743, § 295; Laws 1981, c. 645, § 6.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.828

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Unlawful Transport

164.828. Defense

It is an affirmative defense to any charge under ORS 164.813 or 164.825 that the defendant is in fact the owner of the trees or special forest products cut or transported.

CREDIT(S)

Laws 1981, c. 645, § 7; Laws 1993, c. 167, § 2.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.830

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Unlawful Transport

164.830. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.835

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Unlawful Transport

164.835. Investigation of cutting and transport

(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 for the purpose of preventing violations of ORS 164.813 and 164.825.

(2) Justice courts and circuit courts have concurrent jurisdiction of violations of ORS 164.813 and 164.825.

CREDIT(S)

Laws 1971, c. 743, § 296; Laws 1981, c. 645, § 3; Laws 1993, c. 167, § 3.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.840

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Unlawful Transport

164.840. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.845

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Unlawful Transport

164.845. Arrest for unauthorized cutting or transport of trees or special forest products; failure to appear

(1) Whenever any peace officer has reasonable cause to believe that a person is cutting or transporting trees or special forest products in violation of ORS 164.813 (1) or (2) or 164.825, the peace officer may arrest the person without a warrant and take the person before any court having jurisdiction of the offense. The court shall proceed without delay to hear, try and determine the matter and enter judgment according to the allegations and proofs.

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

(3) Any person to whom a summons is issued under this section who fails to appear at the time and place specified therein commits a Class B misdemeanor.

CREDIT(S)

Laws 1971, c. 743, § 297; Laws 1981, c. 645, § 4; Laws 1993, c. 167, § 4.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.850

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Unlawful Transport

164.850. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.855

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Unlawful Transport

164.855. Seizure of trees or special forest products

(1) Whenever any peace officer has reasonable cause for believing that a person is cutting or transporting trees or special forest products in violation of ORS 164.813 (1) or (2) or 164.825, the peace officer may, at the time of making the arrest or issuing the summons, under ORS 164.845, seize and take possession of the trees or special forest products. The peace officer shall hold the trees or special forest products subject to the order of the court before which the arrested person is ordered to appear. If the owner of the trees or special forest products appears before the court within 48 hours after the seizure thereof and presents satisfactory evidence of ownership, the court shall order the peace officer to deliver the trees or special forest products to the owner. If the owner does not appear within the 48-hour period and prove ownership of the trees or special forest products, the court may direct the peace officer to sell the trees or special forest products in any manner and for any price that appears to the court to be warranted. If the trees or special forest products have no value, the court may direct the officer to destroy them in any manner practicable. The proceeds of the sale, less the reasonable expenses thereof, shall be paid to the treasurer of the county in which the trees or special forest products are sold. At any time within one year after the seizure of the trees or special forest products the owner thereof may appear before the court, and, upon presentation of satisfactory evidence of ownership, the court shall direct the treasurer of the county to pay the proceeds to the owner. If the owner does not appear within one year from the seizure of the trees or special forest products and prove a right to the proceeds, the proceeds shall thereafter belong to the county, and may be disposed of as the county court may direct.

(2) The return of the trees or special forest products or the payment of the proceeds shall not preclude the court from imposing any fine or penalty for any violation of ORS 164.825 to 164.855.

CREDIT(S)

Laws 1971, c. 743, § 298; Laws 1981, c. 645, § 5; Laws 1993, c. 167, § 5.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.857

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Unlawful Transport

164.857. Unlawfully transporting metal property; form

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

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

(3) A metal transportation certificate must include:

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

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

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

(e) The name, address and telephone number of the person transporting the metal property.

(4) The Department of State Police shall create a form that may serve as a metal transportation certificate and shall make the form available on the department's website.

(5) It is a defense to a charge of unlawfully transporting metal property that the person transporting the metal property is the owner of the property or an agent or employee of the owner of the property.

(6) Unlawfully transporting metal property is a Class C misdemeanor.

(7) As used in this section:

(a) “Agent or employee of the owner of the property” includes a motor carrier as defined in ORS 825.005 that is operating in accordance with the provisions of ORS chapter 825.

(b) “Metal property” and “scrap metal business” have the meanings given those terms in ORS 165.116.

CREDIT(S)

Added by Laws 2009, c. 811, § 3, eff. Jan. 1, 2010. Amended by Laws 2010, c. 56 (1st Sp. Sess.), § 4, eff. March 10, 2010.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.860

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Unlawful Transport

164.860. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.863

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Unlawful Transport

164.863. Unlawful transport of animal carcass or primal cut

(1) Except as provided in subsection (2) of this section, it shall be unlawful for any person to transport the carcass or a primal cut thereof of any meat animal on a public highway without having in possession a transportation certificate signed by the owner or the agent of the owner showing:

(a) The location where the carcass or primal cut was loaded and its destination;

(b) The quantity in possession and the date of acquisition of it; and

(2) Subsection (1) of this section does not apply to the carcass or meat of a meat animal:

(a) That is transported by common carrier;

(b) That is marked, tagged or otherwise identified as required by ORS chapter 619;

(c) That is marked, tagged or identified as required by ORS 603.045 (2), or that is the subject of the certificate and tags described in ORS 603.045 (4); or

(d) That is marked, tagged or otherwise identified as having been previously inspected under the Federal Meat Inspection Act.

(3) As used in this section:

(a) “Common carrier” means:

(A) Any person who transports for hire or who purports to be to the public as willing to transport for hire, compensation or consideration by motor vehicle, persons or property, or both, for those who may choose to employ the person; or

(B) Any person who leases, rents or otherwise provides a motor vehicle for the use of others and who in connection therewith in the regular course of business provides, procures or arranges for, directly, indirectly or by course of dealing, a driver or operator therefor.

(b) “Federal Meat Inspection Act” means the Act so entitled approved March 4, 1907, (34 Stat. 1260), as amended by the Wholesome Meat Act (81 Stat. 584).

(d) “Meat” or “meat product” means any edible muscle, except any muscle found in the lips, snout or ears of meat animals, which is skeletal or found in the tongue, diaphragm, heart or esophagus, with or without any accompanying and overlying fat, and any portion of bone, skin, sinew, nerve or blood vessels normally accompanying the muscle tissue and not separated from it in the process of dressing or as otherwise prescribed by the Department of Agriculture.

(4) Unlawfully transporting the carcass or primal cut of a meat animal is a Class C misdemeanor.

(5) For the purpose of this section “primal cut” of cattle and equines means round, loin, flank, rib, chuck, brisket, plate or shank; of pork means ham, loin, side, spareribs, shoulder or jowl; of sheep and goats means rib or rack, loin, leg or shoulder.

CREDIT(S)

Laws 1975, c. 201, § 2.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.864

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Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Miscellaneous

164.864. Definitions

As used in ORS 164.865, 164.866, 164.868, 164.869, 164.872, 164.873, 164.875 and 164.882 and this section, unless the context requires otherwise:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(12) “Videotape” means a reel of tape upon which a motion picture is electronically or magnetically imprinted by means of an electronic video recorder and which may be used in video playback equipment to project or display the motion picture on a television screen.

CREDIT(S)

Laws 1993, c. 95, § 1; Laws 2001, c. 666, §§ 30, 42; Laws 2005, c. 459, §§ 3, 4; Laws 2005, c. 830, § 22, eff. Sept. 2, 2005.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.865

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Miscellaneous

164.865. Unlawful sound recording

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

(a) Reproduces for sale any sound recording without the written consent of the owner of the master recording; or

(b) Knowingly sells, offers for sale or advertises for sale any sound recording that has been reproduced without the written consent of the owner of the master recording.

(2) Unlawful sound recording is a Class B misdemeanor.

CREDIT(S)

Laws 1973, c. 747, § 1; Laws 1993, c. 95, § 3.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.866

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Miscellaneous

164.866. Civil actions

Nothing in ORS 164.864, 164.865, 164.868, 164.869, 164.872, 164.873 or 164.875 or this section limits or impairs the right of a person injured by the criminal acts of a defendant to sue and recover damages from the defendant in a civil action.

CREDIT(S)

Laws 1993, c. 95, § 11; Laws 2001, c. 666, §§ 31, 43; Laws 2005, c. 830, § 23, eff. Sept. 2, 2005.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.867

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Miscellaneous

164.867. Commercial enterprises as offenders

The provisions of ORS 164.868, 164.869 and 164.872 apply only to persons operating commercial enterprises.

CREDIT(S)

Laws 1993, c. 95, § 2.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.868

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Miscellaneous

164.868. Unlawful labeling of a sound recording

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

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

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

(2) Unlawful labeling of a sound recording is a Class C felony.

CREDIT(S)

Laws 1993, c. 95, § 7.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.869

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Miscellaneous

164.869. Unlawful recording of a live performance

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

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

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

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

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

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

CREDIT(S)

Laws 1993, c. 95, §§ 5,6.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.870

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Miscellaneous

164.870. Repealed by Laws 1957, c. 269, § 1; (164.871 enacted in lieu of 164.870)

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.871

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Miscellaneous

164.871. Laws 1957, c. 269, § 2 (enacted in lieu of 164.870); repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.872

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Miscellaneous

164.872. Unlawful labeling of a videotape recording

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

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

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

(2) Unlawful labeling of a videotape recording is a Class C felony.

CREDIT(S)

Laws 1993, c. 95, § 8.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.873

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Miscellaneous

164.873. Exemptions

(1) The provisions of ORS 164.872 and 164.875 do not apply to:

(a) The production of a videotape of a motion picture that is defined as a public record under ORS 192.005 (5), in accordance with ORS 192.005 to 192.170 or 357.805 to 357.895.

(b) The production of a videotape of a motion picture that is defined as a legislative record under ORS 171.410, in accordance with ORS 171.410 to 171.430.

(2) The provisions of ORS 164.865, 164.868, 164.869 (1) and (2) and 164.875 do not apply to the reproduction of:

(a) Any recording that is used or intended to be used only for broadcast by educational radio or television stations.

(b) A sound recording, or the production of a videotape of a motion picture, that is defined as a public record under ORS 192.005 (5), with or without charging and collecting a fee therefor, in accordance with ORS 192.005 to 192.170 or 357.805 to 357.895.

(c) A sound recording defined as a legislative record under ORS 171.410, with or without charging and collecting a fee therefor, in accordance with ORS 171.410 to 171.430.

CREDIT(S)

Laws 1993, c. 95, §§ 9,10.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.875

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Miscellaneous

164.875. Unlawful videotape recording

(1) A person commits the crime of unlawful videotape recording if the person:

(a) Produces for sale any videotape without the written consent of the owner of the motion picture imprinted thereon; or

(b) Knowingly sells or offers for sale any videotape that has been produced without the written consent of the owner of the motion picture imprinted thereon.

(2) Unlawful videotape recording is a Class B misdemeanor.

CREDIT(S)

Laws 1979, c. 550, § 2; Laws 1993, c. 95, § 4.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.876

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Miscellaneous

164.876. Laws 1993, c. 95, § 12; repealed by Laws 2001, c. 666, § 56

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.877

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Miscellaneous

164.877. Laws 1989, c. 1003, §§ 2, 3; renumbered 164.886 in 2007 by the Legislative Counsel

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.879

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Miscellaneous

164.879. Laws 2001, c. 666, § 50; repealed by Laws 2005, c. 830, § 48, eff. Sept. 2, 2005

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.880

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Miscellaneous

164.880. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.882

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Miscellaneous

164.882. Unlawful operation of an audiovisual device

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

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

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

CREDIT(S)

Laws 2005, c. 459, § 1.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.885

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Miscellaneous

164.885. Endangering aircraft

(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)(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)(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, “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.

CREDIT(S)

Laws 1981, c. 901, § 1; Laws 2009, c. 299, § 1, eff. June 17, 2009.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.886

Formerly cited as OR ST § 164.877

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Miscellaneous

164.886. Unlawful tree spiking; unlawful possession of substances

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

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

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

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

CREDIT(S)

Renumbered from 164.877 in 2007 by the Legislative Counsel.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.887

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Miscellaneous

164.887. Interference with agricultural operations

(1) Except as provided in subsection (3) of this section, a person commits the offense of interference with agricultural operations if the person, while on the property of another person who is engaged in agricultural operations, intentionally or knowingly obstructs, impairs or hinders or attempts to obstruct, impair or hinder agricultural operations.

(2) Interference with agricultural operations is a Class A misdemeanor.

(3) The provisions of subsection (1) of this section do not apply to:

(a) A person who is involved in a labor dispute as defined in ORS 662.010 with the other person; or

(b) A public employee who is performing official duties.

(4) As used in this section:

(a)(A) “Agricultural operations” means the conduct of logging and forest management, mining, farming or ranching of livestock animals or domestic farm animals;

(B) “Domestic farm animal” means an animal used to control or protect livestock animals or used in other related agricultural activities; and

(b) “Domestic farm animal” and “livestock animals” do not include stray animals.

CREDIT(S)

Laws 1999, c. 694, § 1.

VALIDITY

For validity of this section, see State v. Borowski (2009) 220 P.3d 100, 231 Or.App. 511.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.889

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Miscellaneous

164.889. Interference with agricultural research

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

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

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

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

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

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

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

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

(3) For purposes of this section:

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

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

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

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

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

CREDIT(S)

Laws 2001, c. 147, § 1.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.890

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Miscellaneous

164.890. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 164.900

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 164. Offenses Against Property (Refs & Annos)

Miscellaneous

164.900. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. T. 16, Ch. 165, Refs & Annos

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 165. Offenses Involving Fraud or Deception

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. T. 16, Ch. 165, Refs & Annos

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 165. Offenses Involving Fraud or Deception

Forgery and Related Offenses

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 165.002

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 165. Offenses Involving Fraud or Deception (Refs & Annos)

Forgery and Related Offenses (Refs & Annos)

165.002. Definitions

As used in ORS 165.002 to 165.027, and 165.032 to 165.070, unless the context requires otherwise:

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

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

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

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

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

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

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

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

(9) “Electronic record” has the meaning given that term in ORS 84.004.

(10) “Signature” includes, but is not limited to, an electronic signature, as defined in ORS 84.004.

CREDIT(S)

Laws 1971, c. 743, § 151; Laws 2001, c. 535, § 27.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 165.005

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 165. Offenses Involving Fraud or Deception (Refs & Annos)

Forgery and Related Offenses (Refs & Annos)

165.005. Amended by Laws 1955, c. 435, § 1; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 165.007

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 165. Offenses Involving Fraud or Deception (Refs & Annos)

Forgery and Related Offenses (Refs & Annos)

165.007. Forgery in the second degree

(1) A person commits the crime of forgery in the second degree if, with intent to injure or defraud, the person:

(a) Falsely makes, completes or alters a written instrument; or

(b) Utters a written instrument which the person knows to be forged.

(2) Forgery in the second degree is a Class A misdemeanor.

CREDIT(S)

Laws 1971, c. 743, § 152.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 165.010

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 165. Offenses Involving Fraud or Deception (Refs & Annos)

Forgery and Related Offenses (Refs & Annos)

165.010. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 165.012

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 165. Offenses Involving Fraud or Deception (Refs & Annos)

Forgery and Related Offenses (Refs & Annos)

165.012. Laws 1963, c. 553, § 1; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 165.013

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 165. Offenses Involving Fraud or Deception (Refs & Annos)

Forgery and Related Offenses (Refs & Annos)

165.013. Forgery in the first degree

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

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

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

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

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

(E) A public record; or

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

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

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

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

(3) Forgery in the first degree is a Class C felony.

CREDIT(S)

Laws 1971, c. 743, § 153; Laws 1993, c. 680, § 25; Laws 2005, c. 761, § 1.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 165.015

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 165. Offenses Involving Fraud or Deception (Refs & Annos)

Forgery and Related Offenses (Refs & Annos)

165.015. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 165.017

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 165. Offenses Involving Fraud or Deception (Refs & Annos)

Forgery and Related Offenses (Refs & Annos)

165.017. Criminal possession of a forged instrument in the second degree

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

(2) Criminal possession of a forged instrument in the second degree is a Class A misdemeanor.

CREDIT(S)

Laws 1971, c. 743, § 154.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 165.020

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 165. Offenses Involving Fraud or Deception (Refs & Annos)

Forgery and Related Offenses (Refs & Annos)

165.020. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 165.022

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 165. Offenses Involving Fraud or Deception (Refs & Annos)

Forgery and Related Offenses (Refs & Annos)

165.022. Criminal possession of a forged instrument in the first degree

(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 (1).

(2) Criminal possession of a forged instrument in the first degree is a Class C felony.

CREDIT(S)

Laws 1971, c. 743, § 155; Laws 2005, c. 761, § 2.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 165.025

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 165. Offenses Involving Fraud or Deception (Refs & Annos)

Forgery and Related Offenses (Refs & Annos)

165.025. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 165.027

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 165. Offenses Involving Fraud or Deception (Refs & Annos)

Forgery and Related Offenses (Refs & Annos)

165.027. Admissibility of evidence

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

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

CREDIT(S)

Laws 1971, c. 743, § 290.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 165.030

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 165. Offenses Involving Fraud or Deception (Refs & Annos)

Forgery and Related Offenses (Refs & Annos)

165.030. Amended by Laws 1961, c. 715, § 1; repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 165.032

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 165. Offenses Involving Fraud or Deception (Refs & Annos)

Forgery and Related Offenses (Refs & Annos)

165.032. Criminal possession of a forgery device

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

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

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

(2) Criminal possession of a forgery device is a Class C felony.

CREDIT(S)

Laws 1971, c. 743, § 156.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 165.035

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 165. Offenses Involving Fraud or Deception (Refs & Annos)

Forgery and Related Offenses (Refs & Annos)

165.035. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 165.037

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 165. Offenses Involving Fraud or Deception (Refs & Annos)

Forgery and Related Offenses (Refs & Annos)

165.037. Criminal simulation

(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.

CREDIT(S)

Laws 1971, c. 743, § 157.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 165.040

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 165. Offenses Involving Fraud or Deception (Refs & Annos)

Forgery and Related Offenses (Refs & Annos)

165.040. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 165.042

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 165. Offenses Involving Fraud or Deception (Refs & Annos)

Forgery and Related Offenses (Refs & Annos)

165.042. Fraudulently obtaining a signature

(1) A person commits the crime of fraudulently obtaining a signature if, with intent to defraud or injure another, the person obtains the signature of a person to a written instrument by knowingly misrepresenting any fact.

(2) Fraudulently obtaining a signature is a Class A misdemeanor.

CREDIT(S)

Laws 1971, c. 743, § 158.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 165.045

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 165. Offenses Involving Fraud or Deception (Refs & Annos)

Forgery and Related Offenses (Refs & Annos)

165.045. Repealed by Laws 1971, c. 743, § 432

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 165.047

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 165. Offenses Involving Fraud or Deception (Refs & Annos)

Forgery and Related Offenses (Refs & Annos)

165.047. Unlawfully using slugs

(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.

CREDIT(S)

Laws 1971, c. 743, § 159.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 165.055

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 165. Offenses Involving Fraud or Deception (Refs & Annos)

Forgery and Related Offenses (Refs & Annos)

165.055. Fraudulent use of a credit card

(1) A person commits the crime of fraudulent use of a credit card if, with intent to injure or defraud, the person uses a credit card for the purpose of obtaining property or services with knowledge that:

(a) The card is stolen or forged;

(b) The card has been revoked or canceled; or

(c) For any other reason the use of the card is unauthorized by either the issuer or the person to whom the credit card is issued.

(2) “Credit card” means a card, booklet, credit card number or other identifying symbol or instrument evidencing an undertaking to pay for property or services delivered or rendered to or upon the order of a designated person or bearer.

(3) The value of single credit card transactions may be added together if the transactions were committed:

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

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

(4) Fraudulent use of a credit card is:

(a) A Class A misdemeanor if the aggregate total amount of property or services the person obtains or attempts to obtain is less than $1,000.

(b) A Class C felony if the aggregate total amount of property or services the person obtains or attempts to obtain is $1,000 or more.

CREDIT(S)

Laws 1971, c. 743, § 160; Laws 1973, c. 133, § 7; Laws 1987, c. 907, § 11; Laws 1993, c. 680, § 26; Laws 2009, c. 16, § 7, eff. Jan. 1, 2010.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 165.065

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 165. Offenses Involving Fraud or Deception (Refs & Annos)

Forgery and Related Offenses (Refs & Annos)

165.065. Negotiating a bad check

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

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

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

(3) Negotiating a bad check is:

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

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

CREDIT(S)

Laws 1971, c. 743, § 161; Laws 1979, c. 594, § 1.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 165.070

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 165. Offenses Involving Fraud or Deception (Refs & Annos)

Forgery and Related Offenses (Refs & Annos)

165.070. Possessing fraudulent communications device

(1) A person commits the crime of possessing a fraudulent communications device if the person:

(a) Makes, possesses, sells, gives or otherwise transfers to another, or offers or advertises pictures or diagrams concerning an instrument, apparatus or device with intent that the same be used or with knowledge or reason to believe the same is intended to or may be used to avoid any lawful telephone or telegraph toll charge or to conceal the existence or place of origin or destination of any telephone or telegraph communication; or

(b) Sells, gives or otherwise transfers to another or offers, or advertises plans or instructions for making or assembling an instrument, apparatus or device described in paragraph (a) of this subsection with knowledge or reason to believe that they may be used to make or assemble such instrument, apparatus or device.

(2) An instrument, apparatus, device, plans, instructions or written publication described in subsection (1) of this section may be seized under warrant or incident to a lawful arrest, and upon the conviction of a person under subsection (1) of this section, such instrument, apparatus, device, plans, instructions or written publication may be destroyed as contraband by the sheriff of the county in which such person was convicted or turned over to the person providing telephone or telegraph service in the territory in which the same was seized.

(3) Possessing a fraudulent communications device is a Class C felony.

CREDIT(S)

Laws 1973, c. 133, § 5.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 165.072

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 165. Offenses Involving Fraud or Deception (Refs & Annos)

Forgery and Related Offenses (Refs & Annos)

165.072. Definitions

As used in this section and ORS 165.074, 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.

(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.

(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.

CREDIT(S)

Laws 1991, c. 398, § 1; Laws 1997, c. 631, § 419; Laws 2003, c. 383, § 1.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 165.074

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 165. Offenses Involving Fraud or Deception (Refs & Annos)

Forgery and Related Offenses (Refs & Annos)

165.074. Unlawful factoring of credit card transaction

(1) A person commits the crime of unlawful factoring of a payment card transaction if the person intentionally or knowingly:

(a) Presents to or deposits with, or causes another to present to or deposit with, a financial institution for payment a payment card transaction record that is not the result of a payment card transaction between the cardholder and the person;

(b) Employs, solicits or otherwise causes a merchant to present to or deposit with a financial institution for payment a payment card transaction record that is not the result of a payment card transaction between the cardholder and the merchant;

(c) Employs, solicits or otherwise causes another to become a merchant for purposes of engaging in conduct made unlawful by this section;

(d) Uses a scanning device to access, read, scan, obtain, memorize or store information encoded on a payment card:

(A) Without the permission of the cardholder; or

(B) With the intent to defraud another person; or

(e) Uses a reencoder to place encoded information from one payment card onto another payment card:

(A) Without the permission of the cardholder of the payment card from which encoded information is being taken; or

(B) With the intention to defraud another person.

(2) Unlawful factoring of a payment card transaction is a Class C felony.

(3) Notwithstanding subsection (2) of this section, unlawful factoring of a payment card transaction is a Class B felony if the person has one or more previous convictions under this section.

CREDIT(S)

Laws 1991, c. 398, § 2; Laws 2003, c. 383, § 2.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 165.075

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 165. Offenses Involving Fraud or Deception (Refs & Annos)

Business and Commercial Offenses

165.075. Definitions

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

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

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

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

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

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

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

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

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

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

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

CREDIT(S)

Laws 1971, c. 743, § 162.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 165.080

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 165. Offenses Involving Fraud or Deception (Refs & Annos)

Business and Commercial Offenses

165.080. Falsifying business records

(1) A person commits the crime of falsifying business records if, with intent to defraud, the person:

(a) Makes or causes a false entry in the business records of an enterprise; or

(b) Alters, erases, obliterates, deletes, removes or destroys a true entry in the business records of an enterprise; or

(c) Fails to make a true entry in the business records of an enterprise in violation of a known duty imposed upon the person by law or by the nature of the position of the person; or

(d) Prevents the making of a true entry or causes the omission thereof in the business records of an enterprise.

(2) Falsifying business records is a Class A misdemeanor.

CREDIT(S)

Laws 1971, c. 743, § 163.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 165.085

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 165. Offenses Involving Fraud or Deception (Refs & Annos)

Business and Commercial Offenses

165.085. Sports bribery

(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.

CREDIT(S)

Laws 1971, c. 743, § 164.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 165.090

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 165. Offenses Involving Fraud or Deception (Refs & Annos)

Business and Commercial Offenses

165.090. Sports bribe receiving

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

(a) As a sports participant the person solicits, accepts or agrees to accept any benefit from another person with the intent that the person will thereby be influenced not to give the best effort of the person in a sports contest; or

(b) As a sports official the person solicits, accepts or agrees to accept any benefit from another person with the intent that the person will improperly perform duties of a sports official.

(2) Sports bribe receiving is a Class C felony.

CREDIT(S)

Laws 1971, c. 743, § 165.

Current with emergency legislation through Ch. 191 of the 2013 Reg. Sess. Revisions to Acts made by the Oregon Reviser were unavailable at the time of publication.

O.R.S. § 165.095

West's Oregon Revised Statutes Annotated Currentness

Title 16. Crimes and Punishments

Chapter 165. Offenses Involving Fraud or Deception (Refs & Annos)

Business and Commercial Offenses

165.095. Misapplication of entrusted property