Oregon Revised Statutes
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. “Criminal homicide” is murder, manslaughter, criminally negligent homicide or aggravated vehicular homicide. “Human being” means a person who has been born and was alive…
As used in ORS 163.105 and this section, “aggravated murder” means: Criminal homicide of two or more persons that is premeditated and committed intentionally and with the intent to: Intimidate, injure or coerce a civilian population; Influence the policy of a government by intimidation or coercion; or Affect the conduct of a government through destructio…
Notwithstanding the provisions of ORS chapter 144 and ORS 421.450 to 421.490: Except as otherwise provided in ORS 137.707, 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. A p…
“Murder in the first degree” means murder in the second degree as defined in ORS 163.115 which is committed under, or accompanied by, any of the following circumstances: The defendant committed the murder pursuant to an agreement that the defendant receive money or other thing of value for committing the murder. The defendant solicited another to commit th…
Notwithstanding ORS 163.107, when an element of a crime charged is that the victim of the crime is a police officer as defined in ORS 181A.355 and the crime was related to the officer’s performance of official duties, the state may alternatively prove that the victim of the crime is a certified reserve officer or a reserve officer, as those terms are defined…
In a prosecution for murder in the first degree under ORS 163.107 (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: The court shall accept the stipulation regardless of whether or not the state ag…
Except as provided in ORS 163.095, 163.118 and 163.125, criminal homicide constitutes murder in the second degree: 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; When it is committed by a person, acting either alone or…
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.
Criminal homicide constitutes manslaughter in the first degree when: It is committed recklessly under circumstances manifesting extreme indifference to the value of human life; 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 th…
Criminal homicide constitutes manslaughter in the second degree when: It is committed recklessly; A person intentionally causes or aids another person to commit suicide; or 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: The person has previously engaged in a pat…
It is an affirmative defense to murder in the second degree 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. Th…
A person commits the crime of criminally negligent homicide when, with criminal negligence, the person causes the death of another person. Criminally negligent homicide is a Class B felony.
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: The manslaughter or criminally negligent homicide resulted from the operation of a motor vehicle; and Th…
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: The person has a previous convictio…
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 paro…
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 if the person was at least 18 years of age at the …
A person commits the crime of assault in the fourth degree if the person: Intentionally, knowingly or recklessly causes physical injury to another; With criminal negligence causes physical injury to another by means of a deadly weapon; or With criminal negligence causes serious physical injury to another who is a vulnerable user of a public way, as define…
A person commits the crime of assault in the third degree if the person: Recklessly causes serious physical injury to another by means of a deadly or dangerous weapon; Recklessly causes serious physical injury to another under circumstances manifesting extreme indifference to the value of human life; Recklessly causes physical injury to another by means o…
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. Note: 163.168 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 163 or any serie…
A person commits the crime of assault in the second degree if the person: Intentionally or knowingly causes serious physical injury to another; Intentionally or knowingly causes physical injury to another by means of a deadly or dangerous weapon; or Recklessly causes serious physical injury to another by means of a deadly or dangerous weapon under circums…
A person commits the crime of assault in the first degree if the person: Intentionally causes serious physical injury to another by means of a deadly or dangerous weapon; Intentionally or knowingly causes serious physical injury to a child under six years of age; Violates ORS 163.175 knowing that the victim is pregnant; or Intentionally, knowingly or rec…
A person commits the crime of strangulation if the person knowingly impedes the normal breathing or circulation of the blood of another person by: Applying pressure on the throat, neck or chest of the other person; or Blocking the nose or mouth of the other person. Subsection (1) of this section does not apply to legitimate medical or dental procedures or…
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. Menacing is a Class A misdemeanor. If a person is convicted of menacing constituting domestic violence as an element of the crime as described ORS 132.586, the court shall ensure that the judgme…
A person commits the crime of intimidation by display of a noose if: The person, with the intent to intimidate another person or place another person in fear of imminent bodily harm, knowingly places a noose: On public property; or On private property without the written consent of the property owner; The other person is intimidated or placed in fear of …
A person commits the crime of endangering a person protected by a Family Abuse Prevention Act restraining order if the person: Has been served with the order as provided in ORS 107.718, unless service was waived under ORS 107.720 because the person appeared before the court; Intentionally engaged in conduct prohibited by the order while the order was in ef…
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. This section does not apply to a person: Acting pursuant to a court or…
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. Recklessly endangering another person is a Class A misdemeanor.
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 permit violated is based upon a suspension or revocation …
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. A…
A person commits the crime of criminal mistreatment in the second degree if, with criminal negligence and: 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 Having assumed the permanent or temporary care, custody or responsibility for th…
A person commits the crime of criminal mistreatment in the first degree if: 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…
ORS 163.200 and 163.205 do not apply: To a person acting pursuant to a court order, an advance directive or a form for appointing a health care representative pursuant to ORS 127.505 to 127.660 or a POLST, as defined in ORS 127.663; To a person withholding or withdrawing life-sustaining procedures or artificially administered nutrition and hydration pursua…
A person commits the crime of female genital mutilation if the person: Knowingly circumcises, excises or infibulates the whole or any part of the labia majora, labia minora or clitoris of a child; or 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…
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 ac…
As used in ORS 163.211 to 163.213: “Corrections officer” and “parole and probation officer” have the meanings given those terms in ORS 181A.355. “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, chloroacetophenon…
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. Unlawful use of an electrical stun gun, tear gas or mace in the second degree is a Class …
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 offi…
As used in ORS 163.215 to 163.257, unless the context requires otherwise: “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 cus…
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: Takes the person from one place to another; or Secretly confines the person in a place where the person is not likely to be found. It is a defense to a prosecution und…
A person commits the crime of kidnapping in the first degree if the person violates ORS 163.225 with any of the following purposes: To compel any person to pay or deliver money or property as ransom; To hold the victim as a shield or hostage; To cause physical injury to the victim; To terrorize the victim or another person; or To further the commission …
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 protract…
A person commits the crime of custodial interference in the first degree if the person violates ORS 163.245 and: 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 Exposes that person to a substantial risk of illness or physical injury. Expenses incurred by a l…
As used in this section and ORS 163.263 and 163.264: “Controlled substance” has the meaning given that term in ORS 475.005. “Debt bondage” means the inducement of another person to provide labor or services in payment toward or satisfaction of a real or purported debt if: The reasonable value of the labor or services is not applied toward the repayment of…
A person commits the crime of subjecting another person to involuntary servitude in the second degree if the person knowingly and without lawful authority forces or attempts to force the other person to engage in or continue to engage in services by: Abusing or threatening to abuse the law or legal process; Destroying, concealing, removing, confiscating or…
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 or continue to engage in services by: Causing or threatening to cause the death of or serious physical injury to a person; or Physically restraini…
A person commits the crime of trafficking in persons if the person knowingly recruits, entices, harbors, transports, provides or obtains by any means, or attempts to recruit, entice, harbor, transport, provide or obtain by any means, another person and: The person knows or recklessly disregards the fact that the other person will be subjected to involuntary…
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. In a prosecution for a crime other than a person crime based on conduct that constitutes …
COERCION
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 cond…
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 whi…
SEXUAL OFFENSES
As used in chapter 743, Oregon Laws 1971, unless the context requires otherwise: “Forcible compulsion” means to compel by: Physical force; or 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…
A person is considered incapable of consenting to a sexual act if the person is: Under 18 years of age; Incapable of appraising the nature of the person’s conduct; Mentally incapacitated; or Physically helpless. 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…
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. When criminality depends on the child’s being under a specified age other than…
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. In any prosecution…
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. Rape in the third degree is a Class C felony.
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. Rape in the second degree is a Class B felony.
A person who has sexual intercourse with another person commits the crime of rape in the first degree if: The victim is subjected to forcible compulsion by the person; The victim is under 12 years of age; 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 The …
A person commits the crime of sodomy in the third degree if the person engages in oral or anal sexual intercourse with another person under 16 years of age or causes that person to engage in oral or anal sexual intercourse. Sodomy in the third degree is a Class C felony.
A person who engages in oral or anal sexual intercourse with another person or causes another to engage in oral or anal sexual intercourse commits the crime of sodomy in the second degree if the victim is under 14 years of age. Sodomy in the second degree is a Class B felony.
A person who engages in oral or anal sexual intercourse with another person or causes another to engage in oral or anal sexual intercourse commits the crime of sodomy in the first degree if: The victim is subjected to forcible compulsion by the actor; The victim is under 12 years of age; The victim is under 16 years of age and is the actor’s brother or si…
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 and the victim is under 14 years of age. Unlawful sexual penetration in the second degree is a Class B felony. As used in this section, “object” includes any body…
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 and: The victim is subjected to forcible compulsion; The victim is under 12 years of age; or The victim is incapable of consent by reason of mental incapacitation…
Nothing in ORS 163.408, 163.411 or 163.452 prohibits a penetration described in those sections when: The penetration is part of a medically recognized treatment or diagnostic procedure and is for a legitimate medical purpose; or The penetration is accomplished by a peace officer or a corrections officer acting in official capacity, or by medical personnel …
A person commits the crime of purchasing sex with a minor if the person pays, or offers or agrees to pay, a fee to engage in sexual intercourse or sexual contact with a minor, a police officer posing as a minor or an agent of a police officer posing as a minor. If the person does not have a prior conviction under this section at the time of the offense, pur…
A person commits the crime of sexual abuse in the third degree if: The person subjects another person to sexual contact and: The victim does not consent to the sexual contact; or The victim is incapable of consent by reason of being under 18 years of age; or For the purpose of arousing or gratifying the sexual desire of the person or another person, the …
A person commits the crime of sexual abuse in the second degree when: The person subjects another person to sexual intercourse, oral or anal 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 The person viol…
As used in this section: “Coach” means a person who instructs or trains an individual or members of a team in a sport. “Teacher” means an employee of a school or school district who has direct responsibility for the instruction of students. The Oregon Criminal Justice Commission shall classify sexual abuse in the second degree as described in ORS 163.425 …
A person commits the crime of sexual abuse in the first degree when that person: Subjects another person to sexual contact and: The victim is less than 14 years of age; The victim is subjected to forcible compulsion by the actor; or The victim is incapable of consent by reason of being mentally incapacitated, physically helpless or incapable of appraisin…
A person commits the crime of sexual abuse by fraudulent representation if the person is a licensee and knowingly: Subjects another person to sexual contact; and Falsely or fraudulently represents to the other person that the sexual contact serves a legitimate medical purpose. Sexual abuse by fraudulent representation is a Class B felony. The Oregon Crim…
As used in ORS 163.431 to 163.434: “Child” means a person who the defendant reasonably believes to be under 16 years of age. “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, …
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: 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 Offers or a…
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. Online sexual corruption of a child in the first degree is a Class B felony. Note: See note under 163.431.
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. 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 com…
A person 18 years of age or older commits the crime of contributing to the sexual delinquency of a minor if: Being a male, he engages in sexual intercourse with a female under 18 years of age; or Being a female, she engages in sexual intercourse with a male under 18 years of age; or The person engages in oral or anal sexual intercourse with another person…
A person commits the crime of sexual misconduct if the person engages in sexual intercourse or oral or anal sexual intercourse with an unmarried person under 18 years of age. Sexual misconduct is a Class C misdemeanor.
As used in ORS 163.452 and 163.454, “correctional facility” has the meaning given that term in ORS 162.135.
A person commits the crime of custodial sexual misconduct in the first degree if the person: Engages in sexual intercourse or oral or anal sexual intercourse with another person or penetrates the vagina, anus or penis of another person with any object other than the penis or mouth of the actor knowing that the other person is: In the custody of a law enfor…
A person commits the crime of custodial sexual misconduct in the second degree if the person: Engages in sexual contact with another person knowing that the other person is: In the custody of a law enforcement agency following arrest; Confined or detained in a correctional facility; Participating in an adult in custody or offender work crew or work relea…
A person commits the crime of public indecency if while in, or in view of, a public place the person performs: An act of sexual intercourse; An act of oral or anal sexual intercourse; Masturbation; or An act of exposing the genitals of the person with the intent of arousing the sexual desire of the person or another person. Public indecency is a Class A…
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. Note: 163.466 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Rev…
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: The person is in a place where another person has a reasonable expectation of privacy; The person is in view of the other person; The exposure reasonably would be expected to al…
A person commits the crime of unlawful dissemination of an intimate image if: The person, with the intent to harass, humiliate or injure another person, knowingly causes to be disclosed an image of the other person whose intimate parts are visible or who is engaged in sexual conduct; The person knows or reasonably should have known that the other person do…
A person commits the crime of unlawfully being in a location where children regularly congregate if the person: Has been designated a sexually violent dangerous offender under ORS 137.765; Has been classified as a level three sex offender under ORS 163A.100 (3), and does not have written approval from the State Board of Parole and Post-Prison Supervision o…
A person commits the crime of unlawful contact with a child if the person: Has been designated a sexually violent dangerous offender under ORS 137.765; Has been classified as a level three sex offender under ORS 163A.100 (3); Has been sentenced as a dangerous offender under ORS 161.725 upon conviction of a sex crime; or Has been given a similar designati…
OFFENSES AGAINST FAMILY
As used in ORS 163.505 to 163.575, unless the context requires otherwise: “Controlled substance” has the meaning given that term in ORS 475.005. “Descendant” includes persons related by descending lineal consanguinity, stepchildren and lawfully adopted children. “Precursor substance” has the meaning given that term in ORS 475.940. “Support” includes, but…
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. Bigamy is a Class C felony.
A person commits the crime of incest if the person marries or engages in sexual intercourse or oral or anal 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. Incest is a Class C felony.
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. Abandonment of a child is a Class C felony. It is an affirmative defense to a charge of violating subsection…
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. Subsection (1) of this section does not: Prohibit a person in the process of adopting a child from paying the fees, costs and expenses related to …
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. Child neglect in the second degree is a Class A misdemean…
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: In a vehicle where controlled substances or cannabinoid extracts as defined in ORS 475C.009 are being criminally delivered or manufactured; In or upon premises, or …
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. It is no defense to a prosecution under this section that either parent has contracted a subsequen…
Proof that a child was born during the time a person lived and cohabited with the child’s mother, or held the child’s mother out as that person’s spouse in a marriage, is prima facie evidence that the person is the parent of the child. This subsection does not exclude any other legal evidence tending to establish the parental relationship. No provision of l…
A person commits the offense of endangering the welfare of a minor if the person knowingly: Induces, causes or permits an unmarried person under 18 years of age to witness an act of sexual conduct or sadomasochistic abuse as defined in ORS 167.060; Permits a person under 18 years of age to enter or remain in a place where unlawful activity involving contro…
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: Commits an act that brings the child within the jurisdiction of the juvenile court under ORS 419C.005; Violates a curfew law of a county or any ot…
A person who sells any of the smoking devices listed in ORS 163.575 (1)(d) shall display a sign clearly stating that the sale of such devices to persons under 18 years of age is prohibited by law. A person who violates this section commits a Class B violation. Note: 163.580 was enacted into law by the Legislative Assembly but was not added to or made a par…
VISUAL RECORDING OF SEXUAL CONDUCT OF CHILDREN
As used in ORS 163.665 to 163.693: “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…
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; or Knowingly records in a visual recording a child participating or engaging in sexu…
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. As used in this section, “employee” means any person regularly emp…
The provisions of ORS 163.665 to 163.693 do not apply to: 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; Any activity undertaken in the course of bona fide law enforcement activity or neces…
A person commits the crime of encouraging child sexual abuse in the first degree if the person: 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 t…
A person commits the crime of encouraging child sexual abuse in the second degree if the person: 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 Knowingly pays, ex…
A person commits the crime of encouraging child sexual abuse in the third degree if the person: 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 Knowingly pays, exc…
A person commits the crime of possession of materials depicting sexually explicit conduct of a child in the first degree if the person: 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 Uses the visual depiction to …
A person commits the crime of possession of materials depicting sexually explicit conduct of a child in the second degree if the person: 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 Intends to use the visual de…
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.
As used in this section: “Computer technician” means a person who repairs, installs or otherwise services a computer, computer network or computer system for compensation. “Processor of photographic images” means a person who develops, processes, reproduces, transfers, edits or enhances photographic film into negatives, slides, prints, movies, digital imag…
INVASION OF PRIVACY
Except as provided in ORS 163.702, a person commits the crime of invasion of personal privacy in the second degree if: 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 The other person is in a place and circumsta…
Except as provided in ORS 163.702, a person commits the crime of invasion of personal privacy in the first degree if: 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 other person; and At the time the visual recording is made or recorded…
The provisions of ORS 163.700 and 163.701 do not apply to: 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 Any activity undertaken in the course …
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…
A motor vehicle used by the owner in a drive-by shooting is subject to civil in rem forfeiture. Seizure and forfeiture proceedings under this section shall be conducted in accordance with ORS chapter 131A. As used in this section, “drive-by shooting” means discharge of a firearm from a motor vehicle while committing or attempting to commit: Aggravated mur…
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 peace officer as defined in ORS 161.015 who is acting in the course of official duty; or A uniformed private security professional as…
A person commits the crime of unlawful use of a global positioning system device if the person knowingly affixes a global positioning system device to a motor vehicle without consent of the owner of the motor vehicle. Except as provided in paragraph (b) of this subsection, unlawful use of a global positioning system device is a Class A misdemeanor. Unlawfu…
A person commits the crime of unlawful disclosure of private information if: The person, with the intent to stalk or injure another person, or to cause damage to another person’s property, knowingly causes the other person’s personal information to be disclosed; The person knows or reasonably should have known that the other person did not consent to the d…
As used in ORS 30.866 and 163.730 to 163.750, unless the context requires otherwise: “Alarm” means to cause apprehension or fear resulting from the perception of danger. “Coerce” means to restrain, compel or dominate by force or threat. “Contact” includes but is not limited to: Coming into the visual or physical presence of the other person; Following t…
A person commits the crime of stalking if: 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; It is objectively reasonable for a person in the victim’s situation to have been alarmed or coerced by the contact; and The repeated …
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: The person intentionally, knowingly or recklessly enga…
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: The name of the court at which the respondent is to appear; The name of the respondent; A copy of the stalking complaint; The date, time and place at which the citation was issued…
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. Whenever a stalking protective order, as authorized by ORS 163.735 or 163.738, is served on a respondent, the person …
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. The Department o…
A person commits the crime of violating a court’s stalking protective order if: The person has been served with a court’s stalking protective order as provided in ORS 30.866 or 163.738, or service was waived under ORS 163.741 because the person appeared before the court; The person, subsequent to the service of the order or the waiver of service, has engag…
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. Note: See note under 163.730.
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: For conduct that is authorized or protected by the labor laws of this state or of …
As used in ORS 163.760 to 163.777: “Declaration under penalty of perjury,” “family or household members,” “interfere,” “intimidate,” “menace” and “molest” have the meanings given those terms in ORS 107.705. “Sexual abuse” means sexual contact with: A person who does not consent to the sexual contact; or A person who is considered incapable of consenting …
A person who has been subjected to sexual abuse and who reasonably fears for the person’s physical safety may petition the circuit court for a restraining order if: The person and the respondent are not family or household members; The respondent is at least 18 years of age; and The respondent is not prohibited from contacting the person pursuant to a for…
When a petition is filed in accordance with ORS 163.763, the circuit court shall hold an ex parte hearing in person or by telephone on the day the petition is filed or on the following judicial day. Upon a finding that it is objectively reasonable for a person in the petitioner’s situation to fear for the person’s physical safety if an order granting relief …
If the respondent requests a hearing under ORS 163.765 (6), the circuit court shall hold the hearing within 21 days after the request. At the hearing, the circuit court may terminate or modify the restraining order issued under ORS 163.765. If service of a notice of hearing is inadequate to provide a party with sufficient notice of the hearing, the circuit …
A party may file a motion under ORS 45.400 requesting that the circuit court allow the appearance of the party or a witness by telephone or by other two-way electronic communication device in a proceeding under ORS 163.760 to 163.777. In determining whether notice is given sufficiently in advance of the proceeding under ORS 45.400 (2), the circuit court sha…
When a restraining order is issued in accordance with ORS 163.760 to 163.777 and the person to be restrained has actual notice of the restraining order, the clerk of the court or any other person serving the petition and the restraining order shall immediately deliver to a county sheriff copies of the petition and the restraining order and a true copy of pro…
A circuit court may renew a restraining order entered under ORS 163.760 to 163.777 upon a finding that it is objectively reasonable for a person in the petitioner’s situation to fear for the person’s physical safety if the restraining order is not renewed. A finding that the respondent has subjected the petitioner to additional sexual abuse is not required. …
A filing fee, service fee or hearing fee may not be charged for proceedings seeking only the relief provided under ORS 163.760 to 163.777. An undertaking may not be required in any proceeding under ORS 163.760 to 163.777. A proceeding under ORS 163.760 to 163.777 is in addition to any other available civil or criminal remedies. The State Court Administrat…