Oregon Revised Statutes
As used in ORS 167.002 to 167.027, unless the context requires otherwise: “Place of prostitution” means any place where prostitution is practiced. “Prostitute” means a male or female person who engages in sexual conduct or sexual contact for a fee. “Prostitution enterprise” means an arrangement whereby two or more prostitutes are organized to conduct pros…
A person commits the crime of prostitution if the person engages in, or offers or agrees to engage in, sexual conduct or sexual contact in return for a fee. Prostitution is a Class A misdemeanor. It is an affirmative defense to prosecution under this section that the defendant, at the time of the alleged offense, was a victim of the crime of trafficking in…
A person commits the crime of commercial sexual solicitation if the person pays, or offers or agrees to pay, a fee to engage in sexual conduct or sexual contact. Commercial sexual solicitation is a Class A misdemeanor.
A person commits the crime of promoting prostitution if, with intent to promote prostitution, the person knowingly: Owns, controls, manages, supervises or otherwise maintains a place of prostitution or a prostitution enterprise; Induces or causes a person to engage in prostitution or to remain in a place of prostitution; Receives or agrees to receive mone…
A person commits the crime of compelling prostitution if the person knowingly: Uses force or intimidation to compel another to engage in prostitution or attempted prostitution; Induces or causes a person under 18 years of age to engage in prostitution; Aids or facilitates the commission of prostitution or attempted prostitution by a person under 18 years …
On the issue of whether a place is a place of prostitution as defined in ORS 167.002, its general repute and repute of persons who reside in or frequent the place shall be competent evidence. Notwithstanding ORS 136.655, in any prosecution under ORS 167.012 and 167.017, spouses are competent and compellable witnesses for or against either party.
OBSCENITY AND RELATED OFFENSES
As used in ORS 167.057: “Furnishes” means to sell, give, rent, loan or otherwise provide. “Minor” means a person under 18 years of age. “Sexual conduct” means: Human masturbation or sexual intercourse; Genital-genital, oral-genital, anal-genital or oral-anal contact, whether between persons of the same or opposite sex or between humans and animals; Pen…
A person commits the crime of luring a minor if the person: Furnishes to, or uses with, a minor, a police officer posing as a minor or an agent of a police officer posing as a minor, a visual representation or explicit verbal description or narrative account of sexual conduct for the purpose of inducing the minor or purported minor to engage in sexual condu…
As used in ORS 167.060 to 167.095, unless the context requires otherwise: “Advertising purposes” means purposes of propagandizing in connection with the commercial sale of a product or type of product, the commercial offering of a service, or the commercial exhibition of an entertainment. “Displays publicly” means the exposing, placing, posting, exhibiting…
It is unlawful for any person to knowingly engage in sadomasochistic abuse or sexual conduct in a live public show. Violation of subsection (1) of this section is a Class A misdemeanor. It is unlawful for any person to knowingly direct, manage, finance or present a live public show in which the participants engage in sadomasochistic abuse or sexual conduct…
A person commits the crime of exhibiting an obscene performance to a minor if the minor is unaccompanied by the parent or lawful guardian of the minor, and for a monetary consideration or other valuable commodity or service, the person knowingly or recklessly: Exhibits an obscene performance to the minor; or Sells an admission ticket or other means to gain…
A person commits the crime of displaying obscene materials to minors if, being the owner, operator or manager of a business or acting in a managerial capacity, the person knowingly or recklessly permits a minor who is not accompanied by the parent or lawful guardian of the minor to enter or remain on the premises, if in that part of the premises where the mi…
In any prosecution under ORS 167.075 and 167.080, it is an affirmative defense for the defendant to prove: That the defendant was in a parental or guardianship relationship with the minor; That the defendant was a bona fide school, museum or public library, or was acting in the course of employment as an employee of such organization or of a retail outlet …
A person commits the crime of publicly displaying nudity or sex for advertising purposes if, for advertising purposes, the person knowingly: Displays publicly or causes to be displayed publicly a picture, photograph, drawing, sculpture or other visual representation or image of a person or portion of the human body that depicts nudity, sadomasochistic abuse…
In any prosecution for violation of ORS 167.090, it shall be an affirmative defense for the defendant to prove: That the public display, even though in connection with a commercial venture, was primarily for artistic purposes or as a public service; or That the public display was of nudity, exhibited by a bona fide art, antique or similar gallery or exhibi…
ORS 167.060 to 167.100 shall be applicable and uniform throughout the state and all political subdivisions and municipalities therein, and no local authority shall enact any ordinances, rules or regulations in conflict with the provisions thereof.
GAMBLING OFFENSES
As used in ORS 167.109 and 167.112: “Credit” and “credit card” have the meaning given those terms under the federal Consumer Credit Protection Act (P.L. 90-321, 82 Stat. 146, 15 U.S.C. 1601). “Electronic funds transfer” has the meaning given that term in ORS 293.525. “Financial institution” has the meaning given that term in ORS 706.008. “Money transmiss…
A person engaged in an Internet gambling business may not knowingly accept, in connection with the participation of another person in unlawful gambling using the Internet: Credit, or the proceeds of credit, extended to or on behalf of such other person, including credit extended through the use of a credit card; An electronic funds transfer or funds transm…
Notwithstanding any other provision of law, a creditor, credit card issuer, financial institution, operator of a terminal at which an electronic funds transfer may be initiated, money transmission business or any national, regional or local network utilized to effect a credit transaction, electronic funds transfer or money transmission service that is not li…
ORS 167.109 and 167.112 do not apply to activities licensed and regulated by the Oregon Racing Commission under ORS chapter 462.
The Oregon State Lottery Commission shall adopt rules to carry out the provisions of ORS 167.117 (9)(c)(E) and (20)(b). Devices authorized by the Oregon State Lottery Commission for the purposes described in ORS 167.117 (9)(c)(E) and (20)(b) are exempted from the provisions of 15 U.S.C. 1172. Note: 167.116 was enacted into law by the Legislative Assembly b…
As used in ORS 167.108 to 167.164 and 464.270 to 464.530, unless the context requires otherwise: “Bingo or lotto” means a game, played with cards bearing lines of numbers, in which a player covers or uncovers a number selected from a container, and which is won by a player who is present during the game and who first covers or uncovers the selected numbers …
When a charitable, fraternal or religious organization is licensed by the Department of Justice to conduct bingo, lotto or raffle games or Monte Carlo events, only the organization or an employee of the organization authorized by the department may receive money or property or otherwise directly profit from the operation of the games, except that: The organ…
Counties and cities may, by ordinance, authorize the playing or conducting of a social game in a private business, private club or in a place of public accommodation. Such ordinances may provide for regulation or licensing of the social games authorized. Note: 167.121 was enacted into law by the Legislative Assembly but was not added to or made a part of OR…
A person commits the crime of unlawful gambling in the second degree if the person knowingly: Places a bet with a bookmaker; or Participates or engages in unlawful gambling as a player. Unlawful gambling in the second degree is a Class A misdemeanor.
A person commits the crime of unlawful gambling in the first degree if the person knowingly promotes or profits from unlawful gambling. Unlawful gambling in the first degree is a Class C felony.
A person commits the crime of possession of gambling records in the second degree if, with knowledge of the contents thereof, the person possesses any writing, paper, instrument or article: Of a kind commonly used in the operation or promotion of a bookmaking scheme or enterprise; or Of a kind commonly used in the operation, promotion or playing of a lotte…
A person commits the crime of possession of gambling records in the first degree if, with knowledge of the contents thereof, the person possesses any writing, paper, instrument or article: Of a kind commonly used in the operation or promotion of a bookmaking scheme or enterprise, and constituting, reflecting or representing more than five bets totaling more…
In any prosecution under ORS 167.132 or 167.137 it is a defense if the writing, paper, instrument or article possessed by the defendant is neither used nor intended to be used in the operation or promotion of a bookmaking scheme or enterprise, or in the operation, promotion or playing of a lottery or numbers scheme or enterprise.
A person commits the crime of possession of a gambling device if, with knowledge of the character thereof, the person manufactures, sells, transports, places or possesses, or conducts or negotiates a transaction affecting or designed to affect ownership, custody or use of: A slot machine; or Any other gambling device, believing that the device is to be use…
In any prosecution under ORS 167.117 and 167.122 to 167.147 in which it is necessary to prove the occurrence of a sporting event, the following shall be admissible in evidence and shall be prima facie evidence of the occurrence of the event: A published report of its occurrence in a daily newspaper, magazine or other periodically printed publication of gene…
Except for bingo or lotto operated by a charitable, fraternal or religious organization, all sums of money and every other valuable thing drawn as a prize in any lottery or pretended lottery, by any person within this state, are forfeited to the use of the county in which it is found, and may be sued for and recovered by a civil action. Nothing contained in…
A gambling device is a public nuisance. Any peace officer shall summarily seize any such device that the peace officer finds and deliver it to the custody of the law enforcement agency that employs the officer, which shall hold it subject to the order of the court having jurisdiction. Whenever it appears to the court that the gambling device has been posses…
A person commits the crime of possession of a gray machine if the person manufactures, sells, leases, transports, places, possesses or services a gray machine or conducts or negotiates a transaction affecting or designed to affect the ownership, custody or use of a gray machine. Possession of a gray machine is a Class C felony. If any device is seized by a…
On and after December 1, 1991, any video lottery game terminal that is not authorized by the Oregon State Lottery Commission must be removed from the State of Oregon.
A person commits the crime of cheating if the person, while in the course of participating or attempting to participate in any legal or illegal gambling activity, directly or indirectly: Employs or attempts to employ any device, scheme or artifice to defraud any other participant or any operator; Engages in any act, practice or course of operation that ope…
OFFENSES INVOLVING CONTROLLED SUBSTANCES
As used in ORS 167.212 to 167.252, unless the context requires otherwise: “Apothecary” means a pharmacist, as defined by ORS 689.005, and where the context so requires, the owner of a store or other place of business where controlled substances are compounded or dispensed by a licensed pharmacist. “Controlled substance” and “manufacture” have the meaning g…
A person commits the crime of tampering with drug records if the person knowingly: Alters, defaces or removes a controlled substance label affixed by a manufacturer, wholesaler or apothecary, except that it shall not be unlawful for an apothecary to remove or deface such a label for the purpose of filling prescriptions; Affixes a false or forged label to a…
A person commits the offense of frequenting a place where controlled substances are used if the person keeps, maintains, frequents, or remains at a place, while knowingly permitting persons to use controlled substances in such place or to keep or sell them in violation of ORS 475.005 to 475.285 and 475.752 to 475.980. Frequenting a place where controlled su…
Proof of unlawful manufacture, cultivation, transportation or possession of a controlled substance is prima facie evidence of knowledge of its character. Proof of possession of a controlled substance not in the container in which it was originally delivered, sold or dispensed, when a prescription or order of a practitioner is required under the provisions o…
In any prosecution under ORS 167.212 and 167.222, any exception, excuse, proviso or exemption contained in ORS 475.005 to 475.285 and 475.752 to 475.980 shall be an affirmative defense.
A district attorney or peace officer charged with the enforcement of ORS 167.212 and 167.222, having personal knowledge or reasonable information that controlled substances are being unlawfully transported or possessed in any boat, vehicle or other conveyance, may search the same without warrant and without an affidavit being filed. If controlled substances …
No person shall be prosecuted under ORS 167.203 to 167.222 if the person has been acquitted or convicted under the federal narcotic laws of the same act or omission which it is alleged constitutes a violation of ORS 167.203 to 167.222.
It is unlawful for an adult to knowingly use as an aider or abettor or to knowingly solicit, force, compel, coerce or employ a minor, with or without compensation to the minor: To manufacture a controlled substance or a marijuana item as defined in ORS 475C.009; or To transport, carry, sell, give away, prepare for sale or otherwise distribute a controlled …
OFFENSES AGAINST ANIMALS
The Legislative Assembly finds and declares that: Animals are sentient beings capable of experiencing pain, stress and fear; Animals should be cared for in ways that minimize pain, stress, fear and suffering; The suffering of animals can be mitigated by expediting the disposition of abused animals that would otherwise languish in cages while their defenda…
As used in ORS 167.310 to 167.351: As used in ORS 167.310 to 167.351: “Adequate bedding” means bedding of sufficient quantity and quality to permit a domestic animal to remain dry and reasonably clean and maintain a normal body temperature. “Adequate shelter” includes a barn, doghouse or other enclosed structure sufficient to protect a domestic animal from…
A person commits the crime of research and animal interference if the person: With the intent to interfere with research, releases, steals or otherwise causes the death, injury or loss of any animal at or from an animal research facility. With the intent to interfere with research, damages, vandalizes or steals any property in or on an animal research faci…
A person commits the crime of animal abuse in the second degree if, except as otherwise authorized by law, the person intentionally, knowingly or recklessly causes physical injury to an animal. Any practice of good animal husbandry is not a violation of this section. Animal abuse in the second degree is a Class B misdemeanor.
A person commits the crime of animal abuse in the first degree if, except as otherwise authorized by law, the person recklessly causes serious physical injury or death to an animal. Any practice of good animal husbandry is not a violation of this section. Animal abuse in the first degree is a Class A misdemeanor. Notwithstanding subsection (3) of this sec…
A person commits the crime of aggravated animal abuse in the first degree if, except as otherwise authorized by law, the person intentionally or knowingly: Tortures an animal; Causes serious physical injury or death to an animal; or Creates a visual recording of an act described in paragraph (a) or (b) of this subsection. Any practice of good animal husb…
A person commits the crime of encouraging aggravated animal abuse in the second degree if the person: Knowingly possesses or controls, or knowingly accesses with the intent to view, a visual recording of an act described in ORS 167.322 (1)(a) or (b); or Knowingly pays, exchanges or gives anything of value to obtain or view a visual recording of an act desc…
A person commits the crime of encouraging aggravated animal 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 an act described in ORS 167.322 (1)(a) or (b), or knowingly possesses, accesses or views such a visual recordin…
A person commits the crime of animal neglect in the second degree if, except as otherwise authorized by law, the person intentionally, knowingly, recklessly or with criminal negligence: Fails to provide minimum care for an animal in such person’s custody or control; or Tethers a domestic animal in the person’s custody or control and the tethering results i…
A person commits the crime of animal neglect in the first degree if, except as otherwise authorized by law, the person intentionally, knowingly, recklessly or with criminal negligence: Fails to provide minimum care for an animal in the person’s custody or control and the failure to provide care results in serious physical injury or death to the animal; or …
Except as provided in subsections (3) and (4) of this section: In addition to any other penalty imposed by law, a person convicted of violating ORS 167.315, 167.323, 167.324, 167.340 or 167.355 or of a misdemeanor under ORS 167.320, 167.325 or 167.330 or this section may not possess or reside with any animal of the same genus against which the crime was com…
A person commits the crime of sexual assault of an animal if the person: Touches or contacts, or causes an object or another person to touch or contact, the mouth, anus or sex organs of an animal or animal carcass for the purpose of arousing or gratifying the sexual desire of a person; or Causes an animal or animal carcass to touch or contact the mouth, an…
Upon the conviction of a defendant for violation of ORS 167.333, the court may order a psychiatric or psychological evaluation of the defendant for inclusion in the presentence report as described in ORS 137.077. Note: 167.334 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 167 or any series therein by leg…
Unless gross negligence can be shown, the provisions of ORS 167.315 to 167.333, other than the provisions of ORS 167.332, do not apply to: The treatment of livestock being transported by owner or common carrier; Animals involved in rodeos or similar exhibitions; Commercially grown poultry; Animals subject to good animal husbandry practices; The killing …
A person commits the crime of interfering with a law enforcement animal if the person intentionally or knowingly injures or attempts to injure an animal the person knows or reasonably should know is a law enforcement animal while the law enforcement animal is being used in the lawful discharge of its duty. Interfering with a law enforcement animal is a Clas…
A person commits the crime of assaulting a law enforcement animal if: The person knowingly causes serious physical injury to or the death of a law enforcement animal, knowing that the animal is a law enforcement animal; and The injury or death occurs while the law enforcement animal is being used in the lawful discharge of the animal’s duties. Assaulting …
A person commits the crime of animal abandonment if the person intentionally, knowingly, recklessly or with criminal negligence leaves a domestic animal or an equine at a location without providing minimum care. It is no defense to the crime defined in subsection (1) of this section that the defendant abandoned the animal at or near an animal shelter, veter…
A person commits the crime of encouraging sexual assault of an animal if the person: Knowingly possesses or controls, for the purpose of arousing or satisfying the sexual desires of the person or another person, a visual recording of a person engaged in sexual conduct with an animal; and Knows or is aware of and consciously disregards the fact that the cre…
A person commits the offense of unlawful tethering if the person tethers a domestic animal in the person’s custody or control: With a tether that is not a reasonable length given the size of the domestic animal and available space and that allows the domestic animal to become entangled in a manner that risks the health or safety of the domestic animal; Wit…
A person commits the crime of interfering with an investigation into an offense against an animal if the person intentionally or knowingly conceals an animal, transports an animal or takes other action to prevent a peace officer, as defined in ORS 161.015, or a licensed veterinarian from examining an animal suspected of being the subject of a violation under…
As used in this section, “peace officer” has the meaning given that term in ORS 161.015. If there is probable cause to believe that any animal is being subjected to treatment in violation of ORS 167.315 to 167.333, 167.340, 167.355, 167.365 or 167.428, a peace officer, after obtaining a search warrant or in any other manner authorized by law, may enter the …
If an animal is impounded pursuant to ORS 167.345 and is being held by a county animal shelter or other animal care agency pending outcome of a criminal action charging a violation of ORS 167.315 to 167.333, 167.340, 167.355, 167.365 or 167.428, prior to the final disposition of the criminal action, the county or other animal care agency or, on behalf of the…
If an animal is forfeited according to the provisions of ORS 167.347 or 167.350, the agency to which the animal was forfeited may place the animal with a new owner. The agency may give placement preference to any person or persons who had prior contact with the animal, including but not limited to family members and friends of the former owner whom the agenc…
A person commits the crime of encouraging animal abuse if the person: Obtains a previously abused, neglected or abandoned animal from an animal care agency under ORS 167.348 or the court under ORS 167.350; and Knowingly allows the person from whom the animal was forfeited to possess the animal. Encouraging animal abuse is a Class C misdemeanor.
In addition to and not in lieu of any other sentence it may impose, a court shall require a defendant convicted under ORS 167.315 to 167.333, 167.340, 167.355 or 167.365 to forfeit any rights of the defendant in the animal subjected to the violation, and to repay the reasonable costs incurred by a government agency, a humane investigation agency or its agent…
As used in this section: “Nonambulatory” means unable to stand or walk unassisted. “Livestock auction market” has the meaning given that term in ORS 599.205. A person commits the crime of trading in nonambulatory livestock if the person knowingly delivers or accepts delivery of a nonambulatory livestock animal at a livestock auction market. This subsectio…
A person commits the crime of interfering with an assistance, a search and rescue or a therapy animal if the person intentionally or knowingly: Injures or attempts to injure an animal the person knows or reasonably should know is an assistance animal, a search and rescue animal or a therapy animal; Interferes with an assistance animal while the assistance …
A person commits the crime of involvement in animal fighting if the person: Owns or trains an animal with the intention that the animal engage in an exhibition of fighting; Promotes, conducts, participates in or is present as a spectator at an exhibition of fighting or preparations thereto; Keeps or uses, or in any way is connected with or interested in t…
As used in ORS 167.360 to 167.372: “Breaking stick” means a device designed for insertion behind the molars of a dog for the purpose of breaking the dog’s grip on another animal or object. “Cat mill” means a device that rotates around a central support with one arm designed to secure a dog and one arm designed to secure a cat, rabbit or other small animal …
A person commits the crime of dogfighting if the person knowingly does any of the following: Owns, possesses, keeps, breeds, trains, buys, sells or offers to sell a fighting dog, including but not limited to any advertisement by the person to sell such a dog. Promotes, conducts or participates in, or performs any service in the furtherance of, an exhibitio…
A person commits the crime of participation in dogfighting if the person knowingly: Attends or has paid admission at any place for the purpose of viewing or betting upon a dogfight. Advertises or otherwise offers to sell equipment that the person knows or reasonably should know will be used for the purpose of training and handling a fighting dog. Particip…
A person commits the crime of possessing dogfighting paraphernalia if the person owns or possesses dogfighting paraphernalia with the intent that the paraphernalia be used to train a dog as a fighting dog or be used in the furtherance of a dogfight. Possessing dogfighting paraphernalia is a Class C felony.
As used in this section: “Boarding kennel” means a facility that provides care for a fee to dogs that stay at the facility an average of less than 30 days. “Dog” means a member of the subspecies Canis lupus familiaris or a hybrid of that subspecies. “Litter” means one or more dogs, sold individually or together, that are all or part of a group of dogs bor…
As used in this section: “Boarding kennel” means a facility that provides care for a fee to dogs that stay at the facility an average of less than 30 days. “Dog” means a member of the subspecies Canis lupus familiaris or a hybrid of that subspecies. “Litter” means one or more dogs, sold individually or together, that are all or part of a group of dogs bor…
As used in this section, “equine” means any member of the family Equidae. Except as provided in subsection (3) of this section, a person commits the offense of equine tripping if, for purposes of a rodeo, contest, exhibition, entertainment or sport or as practice for a rodeo, contest, exhibition, entertainment or sport, the person intentionally ropes or las…
A person commits the crime of unauthorized use of a livestock animal when the person knowingly: Takes, appropriates, obtains or withholds a livestock animal from the owner thereof or derives benefit from a livestock animal without the consent of the owner of the animal; or Takes or holds a livestock animal and thereby obtains the use of the animal to breed…
As used in this section and ORS 167.388: “Livestock” has the meaning given in ORS 609.125. “Livestock production facility” means: Any facility or organization engaged in animal breeding, production or processing; or Any facility or institution whose primary purpose is to impound estray animals, as that term is defined in ORS 607.007.
A person commits the crime of interference with livestock production when the person, with the intent to interfere with livestock production: Takes, appropriates, obtains or withholds livestock from the owner thereof, or causes the loss, death or injury of any livestock maintained at a livestock production facility; Damages, vandalizes or steals any proper…
A person may not take, buy, sell, barter or otherwise exchange for commerce in fur purposes the raw fur or products that include the fur of a domestic cat or dog if the fur is obtained through a process that kills or maims the cat or dog. As used in this section, “domestic cat or dog” does not include coyote, fox, lynx, bobcat or any other wild or commercial…
OFFENSES INVOLVING FIGHTING BIRDS
As used in ORS 167.426 to 167.439: “Cockfight” means a fight between two or more birds that is arranged by a person and that has the purpose or probable result of one bird inflicting injury to another bird. “Constructive possession” means an exercise of dominion and control over the location and treatment of property without taking physical possession of t…
A person commits the crime of cockfighting if the person knowingly: Owns, possesses, keeps, rears, trains, buys, sells or advertises or otherwise offers to sell a fighting bird. Promotes or participates in, or performs services in furtherance of, the conducting of a cockfight. As used in this paragraph, “services in furtherance” includes, but is not limite…
A person commits the crime of participation in cockfighting if the person knowingly: Attends a cockfight or pays admission at any location to view or bet on a cockfight; or Manufactures, buys, sells, barters, exchanges, possesses, advertises or otherwise offers to sell a gaff, slasher or other sharp implement designed for attachment to a fighting bird, or …
Pursuant to ORS 133.525 to 133.703, a judge may order the seizure of an alleged fighting bird or source bird owned, possessed or kept by any person. A judge ordering the seizure of an alleged fighting bird or source bird under subsection (1) of this section may order that the bird be impounded on the property of the owner, possessor or keeper of the bird. I…
In addition to and not in lieu of any other penalty the court may impose upon a person convicted of cockfighting under ORS 167.428 or participation in cockfighting under ORS 167.431, the court shall include in the judgment an order for forfeiture to the city or county where the crime occurred of the person’s rights in any property proved to have been used by…
A peace officer having jurisdiction may, upon probable cause to believe that a bird is a fighting bird or source bird, take constructive possession of the bird on behalf of the law enforcement agency employing the officer. A peace officer who takes constructive possession of an alleged fighting bird or source bird pursuant to this section must do the follow…
A person commits the crime of forcible recovery of a fighting bird if the person knowingly dispossesses, or knowingly attempts to dispossess, a law enforcement agency of constructive possession of a fighting bird, a source bird or an alleged fighting bird or source bird. Forcible recovery of a fighting bird is a Class C felony. OFFENSES INVOLVING UNUSED PR…
As used in ORS 167.502, 167.506 and 167.508: “Baby food” or “infant formula” means food manufactured, packaged and labeled specifically for sale for consumption by a child under the age of two years. “Medical device” means an object or substance that is: Required under federal law to bear the label “Caution: Federal law requires dispensing by or on the or…
Except as provided in subsection (2) of this section, a person may not offer for sale or exchange or knowingly permit the sale or exchange of baby food, infant formula, cosmetics, personal care products, nonprescription drugs or medical devices at an unused property market. A person may sell or exchange the items listed in subsection (1) of this section if …
When a person purchases more than 10 items of new and unused property for resale at an unused property market, the person shall maintain a record for two years after the date of purchase. The record required in subsection (1) of this section must contain: The date of the purchase of the new and unused property; The name and address of the person from whic…
ORS 167.502 and 167.506 do not apply to a person who: Sells or exchanges new and unused property that was not produced or manufactured within the last five years as indicated by the style of the packaging or of the material itself; Sells by sample, catalog or brochure for future delivery; or Makes a sales presentation to a consumer who received an individ…
OFFENSES INVOLVING TOBACCO PRODUCTS AND INHALANT DELIVERY SYSTEMS
As used in ORS 167.750 to 167.780: “Inhalant delivery system” has the meaning given that term in ORS 431A.175. “Tobacco products” has the meaning given that term in ORS 431A.175.
For purposes of ORS 167.755 and 431A.175, “allows to be sold” includes the negligent omission of an act by a manager or other person who supervises the retail sale of tobacco products or inhalant delivery systems, the commission of which would have prevented the distribution or sale of the tobacco products or inhalant delivery system.
A person commits the offense of selling tobacco products or inhalant delivery systems to a person under 21 years of age upon the occurrence of one of the following: The person knowingly distributes or sells, or allows to be sold, to a person under 21 years of age, tobacco products; The person knowingly distributes or sells, or allows to be sold, to a perso…
Except as provided in subsection (2) of this section, a person under 21 years of age may not purchase or attempt to purchase tobacco products or an inhalant delivery system. A person under 21 years of age who is acting under the supervision of a person 21 years of age or older may, for the purpose of testing compliance with a federal, state or local law or …
The prohibitions provided in ORS 471.430 (3) and 475C.317 (2) do not apply to a person who is under 21 years of age and who is acting under the direction of the Oregon Health Authority, the Oregon Liquor and Cannabis Commission, a local public health authority as defined in ORS 431.003, a city or a state or local law enforcement agency for the purpose of inv…
A person having authority over the location of tobacco products or inhalant delivery systems in a retail store may not locate the tobacco products or inhalant delivery systems in a location in the store where the tobacco products or inhalant delivery systems are accessible by store customers without assistance by a store employee. Violation of this section …
A person who sells tobacco products or inhalant delivery systems shall display a sign clearly stating that the sale of the tobacco products or inhalant delivery systems to persons under 21 years of age is prohibited by law. Failure to display a sign required by this section is a Class A violation.
Cities and counties by ordinance or resolution may not regulate vending machines that dispense tobacco products or inhalant delivery systems and that are in any manner accessible to persons under 21 years of age.
As used in this section and ORS 167.775, “vending machine” means a device that, upon the insertion of tokens, money or another form of payment, dispenses tobacco products or inhalant delivery systems. A person may not sell or dispense tobacco products or inhalant delivery systems from a vending machine, except in an establishment where the premises are perm…
MISCELLANEOUS
For the purposes of this section: “Inhalant” means any glue, cement or other substance that is capable of causing intoxication and that contains one or more of the following chemical compounds: Acetone; Amyl acetate; Benzol or benzene; Butane; Butyl acetate; Butyl alcohol; Carbon tetrachloride; Chloroform; Cyclohexanone; Difluoroethane; Ethanol o…
A person commits the crime of creating a hazard if: The person intentionally maintains or leaves in a place accessible to children a container with a compartment of more than one and one-half cubic feet capacity and a door or lid which locks or fastens automatically when closed and which cannot easily be opened from the inside; or Being the owner or otherw…
A person commits the crime of concealing the birth of an infant if the person conceals the corpse of a newborn child with intent to conceal the fact of its birth or to prevent a determination of whether it was born dead or alive. Concealing the birth of an infant is a Class A misdemeanor.
A person commits the crime of improper repair of a vehicle inflatable restraint system if the person knowingly: Installs as part of a vehicle inflatable restraint system an object that is not designed in accordance with federal safety regulations for the make, model and year of the motor vehicle; or If requested to repair or replace a vehicle inflatable re…
A person may not possess more than two undeployed air bags or air bag canisters containing sodium azide that have been removed from a vehicle. This subsection does not apply to motor vehicle dealers, automobile repair facilities or dismantlers certified under ORS 822.110. A violation of subsection (1) of this section is a Class C misdemeanor.
Except as provided in ORS 167.840, any person operating or conducting a place of public amusement or entertainment, who employs or allows a child under the age of 18 years to conduct or assist in conducting any public dance, including but not limited to dancing by the child as a public performance, or to assist in or furnish music for public dancing, commits…
ORS 167.830 does not apply if: Alcoholic beverages are not permitted to be dispensed or consumed in the place of public amusement or entertainment open to the individuals attending the public dance; Alcoholic beverages are not permitted to be dispensed or consumed in any place connected by an entrance to the place of public amusement or entertainment; App…
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