2007 Oregon Code - Chapter 163 :: Chapter 163 - Offenses Against Persons
Chapter 163 —
Offenses Against Persons
2007 EDITION
OFFENSES AGAINST PERSONS
CRIMES AND PUNISHMENTS
HOMICIDE
163.005Â Â Â Â Criminal
homicide
163.095    “Aggravated
murder” defined
163.103Â Â Â Â Pleading,
proof and stipulation regarding previous conviction element in aggravated
murder case
163.105Â Â Â Â Sentencing
options for aggravated murder
163.115Â Â Â Â Murder;
affirmative defense to certain felony murders; sentence of life imprisonment
required; minimum term
163.117Â Â Â Â Aiding
commission of suicide not murder
163.118Â Â Â Â Manslaughter
in the first degree
163.125Â Â Â Â Manslaughter
in the second degree
163.135Â Â Â Â Extreme
emotional disturbance as affirmative defense to murder; notice of expert
testimony; right of state to psychiatric or psychological examination
163.145Â Â Â Â Criminally
negligent homicide
163.147Â Â Â Â Crime
category classification for manslaughter in second degree and criminally
negligent homicide
163.149Â Â Â Â Aggravated
vehicular homicide
163.150Â Â Â Â Sentencing
for aggravated murder; proceedings; issues for jury
ASSAULT AND RELATED OFFENSES
163.160Â Â Â Â Assault
in the fourth degree
163.165Â Â Â Â Assault
in the third degree
163.175Â Â Â Â Assault
in the second degree
163.185Â Â Â Â Assault
in the first degree
163.187Â Â Â Â Strangulation
163.190Â Â Â Â Menacing
163.195Â Â Â Â Recklessly
endangering another person
163.197Â Â Â Â Hazing
163.200Â Â Â Â Criminal
mistreatment in the second degree
163.205Â Â Â Â Criminal
mistreatment in the first degree
163.206Â Â Â Â Application
of ORS 163.200 and 163.205
163.207Â Â Â Â Female
genital mutilation
163.208Â Â Â Â Assaulting
a public safety officer
163.211Â Â Â Â Definitions
for ORS 163.211 to 163.213
163.212Â Â Â Â Unlawful
use of an electrical stun gun, tear gas or mace in the second degree
163.213Â Â Â Â Unlawful
use of an electrical stun gun, tear gas or mace in the first degree
KIDNAPPING AND RELATED OFFENSES
163.215Â Â Â Â Definitions
for ORS 163.215 to 163.257
163.225Â Â Â Â Kidnapping
in the second degree
163.235Â Â Â Â Kidnapping
in the first degree
163.245Â Â Â Â Custodial
interference in the second degree
163.257Â Â Â Â Custodial
interference in the first degree
163.261Â Â Â Â Definitions
for ORS 163.263 and 163.264
163.263Â Â Â Â Subjecting
another person to involuntary servitude in the second degree
163.264Â Â Â Â Subjecting
another person to involuntary servitude in the first degree
163.266Â Â Â Â Trafficking
in persons
163.269Â Â Â Â Victim
assertion of defense of duress
COERCION
163.275Â Â Â Â Coercion
163.285Â Â Â Â Defense
to coercion
SEXUAL OFFENSES
163.305Â Â Â Â Definitions
163.315Â Â Â Â Incapacity
to consent; effect of lack of resistance
163.325Â Â Â Â Ignorance
or mistake as a defense
163.345Â Â Â Â Age
as a defense in certain cases
163.355Â Â Â Â Rape
in the third degree
163.365Â Â Â Â Rape
in the second degree
163.375Â Â Â Â Rape
in the first degree
163.385Â Â Â Â Sodomy
in the third degree
163.395Â Â Â Â Sodomy
in the second degree
163.405Â Â Â Â Sodomy
in the first degree
163.408Â Â Â Â Unlawful
sexual penetration in the second degree
163.411Â Â Â Â Unlawful
sexual penetration in the first degree
163.412Â Â Â Â Exceptions
to unlawful sexual penetration prohibition
163.415Â Â Â Â Sexual
abuse in the third degree
163.425Â Â Â Â Sexual
abuse in the second degree
163.427Â Â Â Â Sexual
abuse in the first degree
163.431Â Â Â Â Definitions
for ORS 163.432 to 163.434
163.432Â Â Â Â Online
sexual corruption of a child in the second degree
163.433Â Â Â Â Online
sexual corruption of a child in the first degree
163.434Â Â Â Â Provisions
applicable to online sexual corruption of a child
163.435Â Â Â Â Contributing
to the sexual delinquency of a minor
163.445Â Â Â Â Sexual
misconduct
163.448Â Â Â Â Definitions
for ORS 163.452 and 163.454
163.452Â Â Â Â Custodial
sexual misconduct in the first degree
163.454Â Â Â Â Custodial
sexual misconduct in the second degree
163.465Â Â Â Â Public
indecency
163.466Â Â Â Â Public
indecency; felony; sentencing classification
163.467Â Â Â Â Private
indecency
163.476Â Â Â Â Unlawfully
being in a location where children regularly congregate
163.479Â Â Â Â Unlawful
contact with a child
OFFENSES AGAINST FAMILY
163.505Â Â Â Â Definitions
for certain provisions of ORS 163.505 to 163.575
163.515Â Â Â Â Bigamy
163.525Â Â Â Â Incest
163.535Â Â Â Â Abandonment
of a child
163.537Â Â Â Â Buying
or selling a person under 18 years of age
163.545Â Â Â Â Child
neglect in the second degree
163.547Â Â Â Â Child
neglect in the first degree
163.555Â Â Â Â Criminal
nonsupport
163.565Â Â Â Â Evidence
of paternity; confidentiality between husband and wife not applicable; spouses
competent and compellable witnesses
163.575Â Â Â Â Endangering
the welfare of a minor
163.577Â Â Â Â Failing
to supervise a child
163.580Â Â Â Â Posting
of signs concerning sale of smoking devices
VISUAL RECORDING OF SEXUAL CONDUCT OF
CHILDREN
163.665Â Â Â Â Definitions
for ORS 163.670 to 163.693
163.670Â Â Â Â Using
child in display of sexually explicit conduct
163.676Â Â Â Â Exemption
from prosecution under ORS 163.684
163.682Â Â Â Â Exceptions
to ORS 163.665 to 163.693
163.684Â Â Â Â Encouraging
child sexual abuse in the first degree
163.686Â Â Â Â Encouraging
child sexual abuse in the second degree
163.687Â Â Â Â Encouraging
child sexual abuse in the third degree
163.688Â Â Â Â Possession
of materials depicting sexually explicit conduct of a child in the first degree
163.689Â Â Â Â Possession
of materials depicting sexually explicit conduct of a child in the second
degree
163.690Â Â Â Â Lack
of knowledge of age of child as affirmative defense
163.693Â Â Â Â Failure
to report child pornography
INVASION OF PRIVACY
163.700Â Â Â Â Invasion
of personal privacy
163.702Â Â Â Â Exceptions
to ORS 163.700
MISCELLANEOUS
163.705Â Â Â Â Polygraph
examination of victims in certain criminal cases prohibited
163.707Â Â Â Â Forfeiture
of motor vehicle used in drive-by shooting
163.709Â Â Â Â Unlawful
directing of light from a laser pointer
STALKING
163.730Â Â Â Â Definitions
for ORS 30.866 and 163.730 to 163.750
163.732Â Â Â Â Stalking
163.735Â Â Â Â Citation;
form
163.738Â Â Â Â Effect
of citation; contents; hearing; courtÂ’s order; use of statements made at
hearing
163.741Â Â Â Â Service
of order; entry of order into law enforcement data systems
163.744Â Â Â Â Initiation
of action to obtain a citation; complaint form
163.750Â Â Â Â Violating
courtÂ’s stalking protective order
163.753Â Â Â Â Immunity
of officer acting in good faith
163.755Â Â Â Â Activities
for which stalking protective order may not be issued
HOMICIDE
     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. [1971 c.743 §87; 2007
c.867 §4]
     163.010 [Amended by 1963 c.625 §4; repealed by 1971
c.743 §432]
     163.020 [Amended by 1963 c.625; §5; repealed by 1971
c.743 §432]
     163.030 [Repealed by 1963 c.431 §1]
     163.040 [Repealed by 1971 c.743 §432]
     163.050 [Repealed by 1971 c.743 §432]
     163.060 [Repealed by 1969 c.684 §17]
     163.070 [Repealed by 1971 c.743 §432]
     163.080 [Repealed by 1971 c.743 §432]
     163.090 [Amended by 1953 c.676 §2; repealed by 1957
c.396 §1 (163.091 enacted in lieu of 163.090)]
     163.091 [1957 c.396 §2 (enacted in lieu of 163.090);
repealed by 1971 c.743 §432]
     163.095
“Aggravated murder” defined.
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 victimÂ’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;
     (C) A member of the Oregon State Police;
     (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; or
     (G) A member of the State Board of Parole
and Post-Prison Supervision.
     (b) The defendant was confined in a state,
county or municipal penal or correctional facility or was otherwise in custody
when the murder occurred.
     (c) The defendant committed murder by
means of an explosive as defined in ORS 164.055.
     (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. [1977 c.370 §1; 1981 c.873 §1; 1991 c.742 §13; 1991 c.837 §12; 1993
c.185 §20; 1993 c.623 §2; 1997 c.850 §1; 2005 c.264 §17]
     163.100 [Amended by 1967 c.372 §12; repealed by 1971
c.743 §432]
     163.103
Pleading, proof and stipulation regarding previous conviction element in
aggravated murder case. (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
defendantÂ’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. [1981 c.873 §3]
     163.105
Sentencing options 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 prisonerÂ’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 prisonerÂ’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) 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 boardÂ’s order.
     (5) 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. [1977
c.370 §2; 1981 c.873 §4; 1985 c.3 §1; 1987 c.158 §23; 1987 c.803 §20; 1989
c.720 §1; 1991 c.126 §8; 1995 c.421 §2; 1999 c.59 §31; 1999 c.782 §5; 2007
c.717 §1]
     Note: Section 4, chapter 717, Oregon Laws 2007,
provides:
     Sec.
4. (1) The amendments to ORS
144.110, 163.105 and 163.115 by sections 1, 2 and 3 of this 2007 Act apply to
hearings conducted on or after the effective date of this 2007 Act [June 28,
2007].
     (2) Notwithstanding subsection (1) of this
section, the amendments to ORS 144.110, 163.105 and 163.115 by sections 1, 2
and 3 of this 2007 Act do not apply to hearings conducted on or after the
effective date of this 2007 Act if:
     (a) The prisoner has petitioned the State
Board of Parole and Post-Prison Supervision for a hearing under ORS 163.105 or
163.115 prior to the effective date of this 2007 Act;
     (b) The prisoner was eligible for a
hearing at the time the petition was filed; and
     (c) The prisoner has not been granted a
hearing on the petition that was filed prior to the effective date of this 2007
Act. [2007 c.717 §4]
     163.110 [Repealed by 1971 c.743 §432]
     163.115
Murder; affirmative defense to certain felony murders; sentence of life
imprisonment required; minimum term. (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;
     (C) Burglary in the first degree as
defined in ORS 164.225;
     (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;
     (c) Was not armed with a dangerous or
deadly weapon;
     (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 child or
dependent person was under care or treatment solely by spiritual means pursuant
to the religious beliefs or practices of the child or person or the parent or
guardian of the child or person.
     (5)(a) 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 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; and
     (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 prisonerÂ’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 prisonerÂ’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) 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 boardÂ’s order.
     (f) Not less than two years after the
denial of the relief sought in a petition under paragraph (c) of this
subsection, 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.
     (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.
     (c) “Pattern or practice” means one or
more previous episodes.
     (d) “Torture” means to intentionally
inflict intense physical pain upon an unwilling victim as a separate objective
apart from any other purpose. [1971 c.743 §88; 1975 c.577 §1; 1979 c.2 §1; 1981
c.873 §5; 1985 c.763 §1; 1989 c.985 §1; 1993 c.664 §1; 1995 c.421 §3; 1995
c.657 §1; 1997 c.850 §2; 1999 c.782 §4; 2007 c.717 §2]
     Note: See note under 163.105.
     163.116 [1979 c.2 §3; repealed by 1981 c.873 §9]
     163.117
Aiding commission of suicide not murder. It is a defense to a charge of murder that the defendantÂ’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. [1981 c.873 §8]
     163.118
Manslaughter in the first degree. (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
     (c) Assault in the third degree under ORS
163.165.
     (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 child or dependent person was under care or treatment solely by
spiritual means pursuant to the religious beliefs or practices of the child or
person or the parent or guardian of the child or 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. [1975 c.577 §2; 1981
c.873 §6; 1997 c.850 §3; 2007 c.867 §2]
     163.120 [Repealed by 1971 c.743 §432]
     163.125
Manslaughter in the second degree. (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. [1971 c.743 §89; 1975 c.577 §3; 1997 c.850 §4; 1999 c.954 §1]
     163.130 [Repealed by 1971 c.743 §432]
     163.135
Extreme emotional disturbance as affirmative defense to murder; notice of
expert testimony; right of state to psychiatric or psychological 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 personÂ’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 actorÂ’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
defendantÂ’s case in chief expert testimony regarding extreme emotional
disturbance under this section unless the defendant gives notice of the
defendantÂ’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 defendantÂ’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. [1971 c.743 §90;
1977 c.235 §1; 1981 c.873 §7; 2003 c.127 §1]
     163.140 [Repealed by 1971 c.743 §432]
     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. [1971 c.743 §91; 2003 c.815 §2]
     163.147
Crime category classification for manslaughter in second degree 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. [2003 c.815 §1]
     Note: 163.147 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 163 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     163.149
Aggravated vehicular homicide.
(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
     (c) Criminally negligent homicide under
ORS 163.145.
     (3) It is an affirmative defense to a
prosecution under this section that the defendant was not under the influence
of intoxicants at the time of the conduct that resulted in the previous
conviction.
     (4) Aggravated vehicular homicide is a
Class A felony. [2007 c.867 §1]
     Note: 163.149 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 163 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     163.150
Sentencing for aggravated murder; proceedings; issues for jury. (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 victimÂ’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
     (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
defendantÂ’s age, the extent and severity of the defendantÂ’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 defendantÂ’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 victimÂ’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
     (C) Imprisonment for life in the custody
of the Department of Corrections as provided in ORS 163.105 (1)(c). [1985 c.3 §3;
1987 c.320 §86; 1987 c.557 §1; 1989 c.720 §2; 1989 c.790 §135b; 1991 c.725 §2;
1991 c.885 §2; 1995 c.531 §2; 1995 c.657 §23; 1997 c.784 §1; 1999 c.1055 §1;
2001 c.306 §1; 2005 c.480 §1]
ASSAULT AND
RELATED OFFENSES
     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; or
     (c) The assault is committed in the
immediate presence of, or is witnessed by, the personÂ’s or the victimÂ’s minor child
or stepchild or a minor child residing within the household of the person or
victim.
     (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. [1977 c.297 §5; 1997 c.694 §1; 1999
c.1073 §1]
     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 of a youth correction facility while the
other person is acting in the course of official duty;
     (g) Intentionally, knowingly or recklessly
causes physical injury to an emergency medical technician or paramedic, as
those terms are defined in ORS 682.025, while the technician or paramedic 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;
     (i) Knowing the other person is a staff
member, intentionally or knowingly propels any dangerous substance at the staff
member while the staff member is acting in the course of official duty or as a
result of the staff memberÂ’s official duties; or
     (j) 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) Assault in the third degree is a Class
C felony. When a person is convicted of violating subsection (1)(i) of this
section, in addition to any other sentence it may impose, the court shall
impose a term of incarceration in a state correction facility.
     (3) As used in this section:
     (a) “Dangerous substance” includes, but is
not limited to, blood, urine, saliva, semen and feces.
     (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.
     (c) “Youth correction facility” has the
meaning given that term in ORS 162.135. [1971 c.743 §92; 1977 c.297 §3; 1991
c.475 §1; 1991 c.564 §1; 1995 c.738 §1; 1997 c.249 §49; 1999 c.1011 §1; 2001
c.104 §50; 2001 c.830 §1; 2001 c.851 §4]
     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. [1971 c.743 §93; 1975 c.626 §1; 1977 c.297 §2; 2005 c.22 §110]
     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; or
     (c) 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:
     (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 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)(c)(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;
     (c) Criminally negligent homicide under
ORS 163.145;
     (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)(c)(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. [1971 c.743 §94; 1975 c.626 §2; 1977 c.297 §1; 2005
c.513 §1; 2007 c.867 §3]
     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. [2003 c.577 §2]
     Note: 163.187 was added to and made a part of
163.160 to 163.208 by legislative action but was not added to any smaller
series therein. See Preface to Oregon Revised Statutes for further explanation.
     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. [1971
c.743 §95]
     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. [1971 c.743 §96]
     163.197
Hazing. (1) No fraternity,
sorority or other student organization organized or operating on a college or
university campus for purposes of participating in student activities of the
college or university, nor any member of such an organization, shall
intentionally haze any member, potential member or person pledged to be a
member of the organization, as a condition or precondition of attaining
membership in the organization or of attaining any office or status therein.
     (2) As used in this section, “haze” means
to subject a person to bodily danger or physical harm or a likelihood of bodily
danger or physical harm, or to require, encourage, authorize or permit that the
person be subjected to any of the following:
     (a) Calisthenics;
     (b) Total or substantial nudity on the
part of the person;
     (c) Compelled ingestion of any substance
by the person;
     (d) Wearing or carrying of any obscene or
physically burdensome article by the person;
     (e) Physical assaults upon or offensive
physical contact with the person;
     (f) Participation by the person in boxing
matches or other physical contests;
     (g) Transportation and abandonment of the
person;
     (h) Confinement of the person to
unreasonably small, unventilated, insanitary or unlighted areas;
     (i) Assignment of pranks to be performed
by the person; or
     (j) Compelled personal servitude by the
person.
     (3) Subsection (1) of this section does
not apply to curricular activities or to athletic teams of or within the
college or university.
     (4) A fraternity, sorority or other
student organization that violates this section commits a Class A violation.
     (5) A member of a fraternity, sorority or
other student organization, who personally violates this section commits a
Class B violation. [1983 c.202 §2; 1999 c.1051 §152]
     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. [1973 c.627 §2; 1993
c.364 §1]
     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 personÂ’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 personÂ’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 personÂ’s physical needs.
     (c) “Elderly person” means a person 65
years of age or older.
     (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. [1973 c.627 §3; 1981 c.486 §1; 1993 c.364 §2; 2005
c.708 §1]
     163.206
Application of ORS 163.200 and 163.205. 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;
     (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 15 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. [1993 c.364 §3; 1995 c.79 §51;
1999 c.954 §5]
     Note: 163.206 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 163 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     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 childÂ’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 childÂ’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 childÂ’s belief that the surgery is required as a
matter of custom or ritual. [1999 c.737 §1]
     Note: 163.207 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 163 or
any series therein by legislative action. See Preface to Oregon Revised Statutes
for further explanation.
     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. [1981 c.783 §2;
1993 c.14 §21; 1993 c.358 §1; 1995 c.651 §4; 1999 c.1040 §14; 2001 c.104 §51;
2001 c.828 §1; 2003 c.327 §1]
     163.210 [Repealed by 1971 c.743 §432]
     163.211
Definitions for ORS 163.211 to 163.213. 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. [1995 c.651 §1]
     Note: 163.211 to 163.213 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
163 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     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. [1995
c.651 §2]
     Note: See note under 163.211.
     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 technician or paramedic and while the other person is acting in the
course of official duty.
     (2) Unlawful use of an electrical stun
gun, tear gas or mace in the first degree is a Class C felony. [1995 c.651 §3]
     Note: See note under 163.211.
KIDNAPPING
AND RELATED OFFENSES
     163.215
Definitions for ORS 163.215 to 163.257. 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. [1971 c.743 §97]
     163.220 [Repealed by 1971 c.743 §432]
     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 anotherÂ’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
     (c) The sole purpose of the person is to
assume control of that person.
     (3) Kidnapping in the second degree is a
Class B felony. [1971 c.743 §98; 2005 c.22 §111]
     163.230 [Repealed by 1971 c.743 §432]
     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;
     (c) To cause physical injury to the
victim; or
     (d) To terrorize the victim or another
person.
     (2) Kidnapping in the first degree is a
Class A felony. [1971 c.743 §99; 2005 c.22 §112]
     163.240 [Repealed by 1971 c.743 §432]
     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
personÂ’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. [1971 c.743 §100; 1981 c.774 §1; 1987 c.795 §7;
2005 c.564 §6]
     163.250 [Repealed by 1971 c.743 §432]
     163.255 [1955 c.530 §1; repealed by 1971 c.743 §432]
     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.
     (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 first
degree is a Class B felony. [1971 c.743 §101; 1981 c.774 §2; 1987 c.795 §8;
2005 c.564 §7]
     163.260 [Amended by 1955 c.366 §1; repealed by 1971
c.743 §432]
     163.261
Definitions for ORS 163.263 and 163.264. 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. [2007 c.811 §1]
     Note: 163.261 to 163.269 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
163 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     163.263
Subjecting another person to involuntary servitude in the 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;
     (c) Threatening to report a person to a
government agency for the purpose of arrest or deportation;
     (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. [2007 c.811 §3]
     Note: See note under 163.261.
     163.264
Subjecting another person to involuntary servitude in the 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. [2007 c.811 §2]
     Note: See note under 163.261.
     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. [2007 c.811 §4]
     Note: See note under 163.261.
     163.269
Victim assertion of defense of 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. [2007 c.811 §10]
     Note: See note under 163.261.
     163.270 [Amended by 1955 c.371 §1; 1957 c.640 §1;
repealed by 1971 c.743 §432]
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;
     (c) Engage in conduct constituting a
crime;
     (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 personÂ’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 anotherÂ’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. [1971
c.743 §102; 1983 c.546 §4; 1985 c.338 §1; 2007 c.71 §45]
     163.280 [Amended by 1957 c.640 §2; repealed by 1971
c.743 §432]
     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. [1971 c.743 §103]
     163.290 [Repealed by 1971 c.743 §432]
     163.300 [Repealed by 1971 c.743 §432]
SEXUAL
OFFENSES
     163.305
Definitions. As used in
chapter 743,
     (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 because of the influence of a controlled
or other intoxicating substance administered to the person without the consent
of the person or because of any other act committed upon the person without the
consent of the person.
     (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. [1971 c.743 §104; 1975 c.461 §1; 1977 c.844 §1; 1979 c.744 §7; 1983
c.500 §1; 1999 c.949 §1]
     Note: Legislative Counsel has substituted “chapter
743, Oregon Laws 1971,” for the words “this Act” in section 104, chapter 743,
Oregon Laws 1971, compiled as 163.305. Specific ORS references have not been
substituted, pursuant to 173.160. These sections may be determined by referring
to the 1971 Comparative Section Table located in Volume 20 of ORS.
     163.310 [Renumbered 166.180]
     163.315
Incapacity to consent; effect of 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;
     (c) Mentally incapacitated; or
     (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. [1971 c.743 §105; 1999
c.949 §2; 2001 c.104 §52]
     163.320 [Renumbered 166.190]
     163.325
Ignorance or mistake as a defense. (1) In any prosecution under ORS 163.355 to 163.445 in which the
criminality of conduct depends on a childÂ’s being under the age of 16, it is no
defense that the defendant did not know the childÂ’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 victimÂ’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 victimÂ’s incapacity
to consent. [1971 c.743 §106]
     163.330 [Repealed by 1971 c.743 §432]
     163.335 [1971 c.743 §107; repealed by 1977 c.844 §2]
     163.340 [Repealed by 1971 c.743 §432]
     163.345
Age as a defense in certain cases. (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 victimÂ’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 victimÂ’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 victimÂ’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. [1971 c.743 §108; 1991 c.386 §3; 1991 c.830 §4; 1999 c.626 §24;
amendments by 1999 c.626 §45 repealed by 2001 c.884 §1]
     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. [1971 c.743 §109; 1991 c.628 §1]
     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. [1971 c.743 §110; 1989 c.359 §1; 1991 c.628 §2]
     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 personÂ’s sibling, of the whole or half blood, the personÂ’s child or
the personÂ’s spouseÂ’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. [1971 c.743 §111; 1989 c.359 §2; 1991 c.628 §3]
     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. [1971 c.743 §112]
     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. [1971 c.743 §113; 1989 c.359 §3]
     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 actorÂ’s brother or sister, of the whole or half blood, the son or
daughter of the actor or the son or daughter of the actorÂ’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. [1971 c.743 §114; 1989 c.359 §4]
     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. [1981 c.549 §2; 1989 c.359 §5; 1991 c.386 §1]
     163.410 [Repealed by 1971 c.743 §432]
     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
     (c) The victim is incapable of consent by
reason of mental defect, mental incapacitation or physical helplessness.
     (2) Unlawful sexual penetration in the
first degree is a Class A felony. [1981 c.549 §3; 1989 c.359 §6; 1991 c.386 §2]
     163.412
Exceptions to unlawful sexual penetration prohibition. 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. [1981 c.549 §4; 2005 c.488 §5]
     163.415
Sexual abuse in the third degree. (1) A person commits the crime of sexual abuse in the third degree if
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.
     (2) Sexual abuse in the third degree is a
Class A misdemeanor. [1971 c.743 §115; 1979 c.489 §1; 1991 c.830 §1; 1995 c.657
§11; 1995 c.671 §9]
     163.420 [Repealed by 1971 c.743 §432]
     163.425
Sexual abuse in the second degree. (1) A person commits the crime of sexual abuse in the second degree
when that 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.
     (2) Sexual abuse in the second degree is a
Class C felony. [1971 c.743 §116; 1983 c.564 §1; 1991 c.386 §14; 1991 c.830 §2]
     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. [1991 c.830 §3; 1995 c.657 §12; 1995 c.671 §10]
     Note: 163.427 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 163 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     163.430 [Amended by 1967 c.359 §683; repealed by
1971 c.743 §432]
     163.431
Definitions for ORS 163.432 to 163.434. As used in ORS 163.432 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 electronic mail, personal or instant messaging,
chat rooms, bulletin boards or any other method of communicating over the
Internet.
     (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.
[2007 c.876 §1]
     Note: 163.431 to 163.434 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
163 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     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. [2007 c.876 §2]
     Note: See note under 163.431.
     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. [2007 c.876 §3]
     Note: See note under 163.431.
     163.434
Provisions applicable 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.
[2007 c.876 §4]
     Note: See note under 163.431.
     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. [1971 c.743 §117]
     163.440 [Repealed by 1971 c.743 §432]
     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. [1971 c.743 §118]
     163.448
Definitions for ORS 163.452 and 163.454. As used in ORS 163.452 and 163.454, “correctional facility” has the
meaning given that term in ORS 162.135. [2005 c.488 §2]
     163.450 [Repealed by 1971 c.743 §432]
     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;
     (C) Participating in an inmate or offender
work crew or work release program; or
     (D) On probation, parole, post-prison
supervision or other form of conditional or supervised release; and
     (b) Is employed by or under contract with
the state or local agency that:
     (A) Employs the officer who arrested the
other person;
     (B) Operates the correctional facility in
which the other person is confined or detained;
     (C) Is responsible for supervising the
other person in a work crew or work release program or on probation, parole,
post-prison supervision or other form of conditional or supervised release; or
     (D) Engages the other person in work or
on-the-job training pursuant to ORS 421.354 (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. [2005 c.488 §3]
     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;
     (C) Participating in an inmate or offender
work crew or work release program; or
     (D) On probation, parole, post-prison
supervision or other form of conditional or supervised release; and
     (b) Is employed by or under contract with
the state or local agency that:
     (A) Employs the officer who arrested the
other person;
     (B) Operates the correctional facility in
which the other person is confined or detained;
     (C) Is responsible for supervising the
other person in a work crew or work release program or on probation, parole,
post-prison supervision or other form of conditional or supervised release; or
     (D) Engages the other person in work or
on-the-job training pursuant to ORS 421.354 (1).
     (2) Consent of the other person to sexual
contact 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
second degree is a Class A misdemeanor. [2005 c.488 §4]
     163.455 [1971 c.743 §119; repealed by 1983 c.546 §1]
     163.460 [Repealed by 1971 c.743 §432]
     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. [1971
c.743 §120; 1999 c.962 §1; 2005 c.434 §1]
     163.466
Public indecency; felony; 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. [1999 c.962 §3]
     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 Revised
Statutes for further explanation.
     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;
     (c) The exposure reasonably would be
expected to alarm or annoy the other person; and
     (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. [1999
c.869 §2]
     163.470 [Repealed by 1971 c.743 §432]
     163.475 [1975 c.176 §2; 1977 c.822 §1; repealed by
1981 c.892 §98]
     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 personÂ’s supervisory
authority or supervising officer to be in or upon the specific premises;
     (C) Has been sentenced as a dangerous
offender under ORS 161.725 upon conviction of a sex crime; or
     (D) Has been given a similar designation
or been sentenced under a similar law of another jurisdiction; and
     (b) Knowingly 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. [2005 c.811 §1]
     Note: 163.476 and 163.479 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
163 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     163.477 [1979 c.706 §3; repealed by 1985 c.557 §10]
     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;
     (C) Has been sentenced as a dangerous
offender under ORS 161.725 upon conviction of a sex crime; or
     (D) Has been given a similar designation
or been sentenced under a similar law of another jurisdiction; and
     (b) Knowingly contacts a child with the
intent to commit a crime or for the purpose of arousing or satisfying the
sexual desires of the person or another person.
     (2) As used in this section:
     (a) “Child” means a person under 18 years
of age.
     (b) “Contact” means to communicate in any
manner.
     (c) “Sex crime” has the meaning given that
term in ORS 181.594.
     (3) Unlawful contact with a child is a
Class C felony. [2005 c.811 §2]
     Note: See note under 163.476.
     163.480 [Amended by 1963 c.406 §1; repealed by 1971
c.743 §432]
     163.483 [1979 c.706 §2; 1983 c.740 §30; repealed by
1985 c.557 §10]
     163.485 [1979 c.706 §4; repealed by 1985 c.557 §10]
     163.490 [Repealed by 1971 c.743 §432]
     163.495 [1979 c.706 §5; 1987 c.158 §25; 1987 c.864 §14;
renumbered 163.676 in 1987]
     163.500 [Repealed by 1971 c.743 §432]
OFFENSES
AGAINST FAMILY
     163.505
Definitions for certain provisions of ORS 163.505 to 163.575. 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, step-children 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. [1971 c.743 §170; 2005 c.708 §3]
     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. [1971
c.743 §171]
     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. [1971
c.743 §172]
     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. [1971 c.743 §173; 2001 c.597 §2]
     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 childÂ’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. [1997 c.561 §2]
     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. [1971 c.743 §174; 1991 c.832 §2]
     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:
     (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; or
     (C) In or upon premises that have been
determined to be not fit for use under ORS 453.855 to 453.912.
     (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. [1991 c.832 §1; 2001 c.387 §1;
2001 c.870 §11; 2005 c.708 §2]
     Note: 163.547 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 163 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     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
defendantÂ’s failure to file the notice within the required time.
     (5) Criminal nonsupport is a Class C
felony. [1971 c.743 §175; 1993 c.33 §308; 1999 c.954 §3; 2005 c.502 §1]
     163.565
Evidence of paternity; confidentiality between husband and wife not applicable;
spouses competent and compellable witnesses.(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. [1971 c.743 §176]
     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
     (c) Induces, causes or permits a person
under 18 years of age to participate in gambling as defined by ORS 167.117; 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;
     (C) Bongs;
     (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 and the court shall impose a fine of not less than $100. [1971 c.743 §177;
1973 c.827 §20; 1979 c.744 §8; 1981 c.838 §1; 1983 c.740 §31; 1991 c.970 §5;
1995 c.79 §52; 1999 c.1051 §153]
     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
     (c) Fails to attend school as required
under ORS 339.010.
     (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 personÂ’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. [1995 c.593 §1; 1999 c.1051 §154; 2003 c.670 §5; 2005 c.564 §8]
     Note: 163.577 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 163 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     163.580
Posting of signs concerning sale of smoking devices. (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. [1981 c.838 §2; 1999 c.1051 §155]
     Note: 163.580 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 163 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     163.605 [1971 c.743 §287; repealed by 1985 c.366 §1]
     163.610 [Repealed by 1971 c.743 §432]
     163.620 [Repealed by 1971 c.743 §432]
     163.630 [Repealed by 1971 c.743 §432]
     163.635 [1955 c.308 §1; repealed by 1971 c.743 §432]
     163.640 [Repealed by 1971 c.743 §432]
     163.650 [Repealed by 1971 c.743 §432]
     163.660 [Repealed by 1971 c.743 §432]
VISUAL
RECORDING OF SEXUAL CONDUCT OF CHILDREN
     163.665
Definitions for ORS 163.670 to 163.693. As used in ORS 163.670 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 photograph,
motion picture, videotape or other 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 photograph, motion picture, videotape or other 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, photographs, films, videotapes, pictures or computer or
computer-generated images or pictures, whether made or produced by electronic,
mechanical or other means. [1985 c.557 §2; 1987 c.864 §1; 1991 c.664 §4; 1995
c.768 §4; 1997 c.719 §5]
     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
photograph, motion picture, videotape or other visual recording.
     (2) Using a child in a display of sexually
explicit conduct is a Class A felony. [1985 c.557 §3; 1987 c.864 §3; 1991 c.664
§5]
     163.672 [1991 c.664 §2; repealed by 1995 c.768 §16]
     163.673 [1987 c.864 §4; 1991 c.664 §6; repealed by
1995 c.768 §16]
     163.675 [1985 c.557 §4; repealed by 1987 c.864 §15]
     163.676
Exemption from 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. [Formerly 163.495; 1995 c.768 §5]
     163.677 [1987 c.864 §5; 1991 c.664 §7; repealed by
1995 c.768 §16]
     163.680 [1985 c.557 §5; 1987 c.158 §26; 1987 c.864 §9;
1991 c.664 §8; repealed by 1995 c.768 §16]
     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
photograph, motion picture, videotape or other 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. [1991
c.664 §3]
     163.683 [1987 c.864 §11; repealed by 1991 c.664 §12]
     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 any photograph, motion picture, videotape or other visual
recording of sexually explicit conduct involving a child or possesses such
matter 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, any
photograph, motion picture, videotape or other visual recording of sexually
explicit conduct involving a child; and
     (b) Knows or is aware of and consciously
disregards the fact that creation of the visual recording of sexually explicit
conduct involved child abuse.
     (2) Encouraging child sexual abuse in the
first degree is a Class B felony. [1995 c.768 §2]
     163.685 [1985 c.557 §6; 1987 c.864 §12; repealed by
1991 c.664 §12]
     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
any photograph, motion picture, videotape or other 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 photograph, motion picture, videotape or
other 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. [1995 c.768 §3]
     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:
     (a)(A)(i) Knowingly possesses or controls
any photograph, motion picture, videotape or other 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 photograph, motion picture, videotape or
other visual recording of sexually explicit conduct involving a child for the
purpose of arousing or satisfying the sexual desires of the person or another
person; and
     (B) Knows or fails to be aware of a
substantial and unjustifiable risk that the creation of the visual recording of
sexually explicit conduct involved child abuse; or
     (b)(A) Knowingly pays, exchanges or gives
anything of value to observe sexually explicit conduct by a child or knowingly
observes, for the purpose of arousing or gratifying the sexual desire of the
person, sexually explicit conduct by a child; and
     (B) Knows or fails to be aware of a
substantial and unjustifiable risk that the conduct constitutes child abuse.
     (2) Encouraging child sexual abuse in the
third degree is a Class A misdemeanor. [1995 c.768 §3a]
     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 any visual
depiction of sexually explicit conduct involving a child or any visual
depiction of sexually explicit conduct that appears to involve a child; and
     (b) Uses the visual depiction to induce a
child to participate or engage in sexually explicit conduct.
     (2) Possession of materials depicting
sexually explicit conduct of a child in the first degree is a Class B felony. [1997
c.719 §3]
     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 any visual
depiction of sexually explicit conduct involving a child or any visual
depiction of sexually explicit conduct that appears to involve a child; and
     (b) Intends to use the visual depiction to
induce a child to participate or engage in sexually explicit conduct.
     (2) Possession of materials depicting
sexually explicit conduct of a child in the second degree is a Class C felony. [1997
c.719 §4]
     163.690
Lack of knowledge of age of child as affirmative defense. 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. [1985 c.557 §7; 1987 c.864 §13; 1991 c.664 §9; 1995 c.768 §6]
     163.693
Failure to report child pornography. (1) A person commits the crime of failure to report child pornography
if the person, in the course of processing or producing a photograph, motion
picture, videotape or other visual recording, either commercially or privately,
has reasonable cause to believe that the visual recording being processed or
produced, or submitted for processing or production, depicts sexually explicit
conduct involving a child and fails to report that fact to the appropriate law
enforcement agency.
     (2) Failure to report child pornography is
a Class A misdemeanor. [1987 c.864 §7; 1991 c.664 §10]
     163.695 [1987 c.864 §8; 1991 c.664 §11; 1995 c.768 §7;
repealed by 2001 c.666 §56]
     163.696 [2001 c.666 §49; repealed by 2005 c.830 §48]
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 uncovered, or less than
opaquely covered, post-pubescent human genitals, pubic areas or a
post-pubescent human female breast below a point immediately above the top of
the areola. “Nudity” includes a partial state of nudity.
     (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. [1997 c.697 §1; 2001 c.330 §1]
     Note: 163.700 and 163.702 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
163 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     163.702
Exceptions to ORS 163.700.
The provisions of ORS 163.700 do not apply to:
     (1) 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
     (2) 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. [1997 c.697 §2]
     Note: See note under 163.700.
MISCELLANEOUS
     163.705
Polygraph examination of victims in certain criminal cases prohibited. 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. [1981 c.877 §1]
     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 475A.
     (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;
     (c) Manslaughter in any degree under ORS
163.118 or 163.125;
     (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. [1999 c.870 §1]
     Note: 163.707 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 163 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     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. [1999 c.757 §1; 2005 c.447 §9]
     Note: 163.709 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 163 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
STALKING
     163.730
Definitions for ORS 30.866 and 163.730 to 163.750. 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 personÂ’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 personÂ’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; or
     (k) Delivering directly or through a third
person any object to the home, property, place of work or school of the other
person.
     (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 any
person employed in this state as a police officer by a county sheriff,
constable, marshal or municipal or state police agency.
     (7) “Repeated” means two or more times.
     (8) “School” means a public or private
institution of learning or a child care facility. [1993 c.626 §1; 1995 c.278 §27;
1995 c.353 §1; 2001 c.870 §1; 2007 c.71 §46]
     Note: 163.730 to 163.753 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
163 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     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 personÂ’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 victimÂ’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 victimÂ’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. [1993 c.626 §2; 1995 c.353 §2]
     Note: See note under 163.730.
     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 courtÂ’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 personÂ’s immediate family or household thereby alarming or
coercing the other person;
     (b) It is objectively reasonable for a
person in the victimÂ’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 victimÂ’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
     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 courtÂ’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 courtÂ’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 personÂ’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:Â Â Â Â Â Â Â Â Â Â Â _______________
                      (Respondent)
Signed:Â Â Â Â Â Â Â Â Â Â Â _______________
                      (Law enforcement officer).
______________________________________________________________________________
[1993 c.626 §3;
1995 c.353 §3; 1999 c.1052 §10]
     Note: See note under 163.730.
     163.738
Effect of citation; contents; hearing; courtÂ’s order; use of statements made at
hearing. (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;
     (C) A copy of the stalking complaint;
     (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 respondentÂ’s arrest and entry of a courtÂ’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 courtÂ’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 personÂ’s immediate family or household thereby alarming or
coercing the other person;
     (ii) It is objectively reasonable for a
person in the victimÂ’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 victimÂ’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 respondentÂ’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 courtÂ’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 courtÂ’s stalking protective order as defined in ORS 163.750. [1993
c.626 §4; 1995 c.353 §4; 1997 c.863 §6; 1999 c.1052 §2; 2003 c.292 §2]
     Note: See note under 163.730.
     163.741
Service of order; entry of order into law enforcement data systems. (1) Whenever a stalking protective order, as
authorized by ORS 163.735 or 163.738, is issued and the person to be restrained
has actual notice thereof, the person serving the order shall deliver forthwith
to the county sheriff a true copy of the order and an affidavit of proof of service
on which it is stated that personal service of the order was made on the
respondent. If an order entered by the court recites that the respondent
appeared in person before the court, the necessity for further service of the
order is waived and accompanying proof of service is not necessary. Upon
receipt of the order and completion of any required service, the county sheriff
shall forthwith enter the order into the Law Enforcement Data System maintained
by the Department of State Police and into the databases of the
     (2) 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.
     (3) When a stalking protective order
described in subsection (1) of this section is terminated by order of the
court, the clerk of the court shall deliver forthwith a true 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
     Note: See note under 163.730.
     163.744
Initiation of action to obtain a citation; 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. [1993 c.626 §6;
1995 c.353 §5]
     Note: See note under 163.730.
     163.747 [1993 c.626 §7; repealed by 1995 c.353 §10]
     163.750
Violating courtÂ’s stalking protective order. (1) A person commits the crime of violating a courtÂ’s stalking
protective order when:
     (a) The person has been served with a
courtÂ’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 courtÂ’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 courtÂ’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. [1993 c.626 §8; 1995 c.353 §7]
     Note: See note under 163.730.
     163.753
Immunity of officer acting in good faith. 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. [1993
c.626 §11; 1995 c.353 §9]
     Note: See note under 163.730.
     163.755
Activities for which stalking protective order may not be issued. (1) Nothing in ORS 30.866 or 163.730 to
163.750 shall be construed to permit the issuance of a courtÂ’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
     (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.
     (c) By or on behalf of a person not
described in paragraph (b) of this subsection to or against another person who:
     (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
personÂ’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. [1995 c.353 §8; 2003 c.292 §1]
     Note: 163.755 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 163 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
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