2007 Oregon Code - Chapter 167 :: Chapter 167 - Offenses Against Public Health - Decency and Animals
Chapter 167
Offenses Against
Public
Health, Decency and Animals
2007 EDITION
PUBLIC HEALTH AND DECENCY OFFENSES
CRIMES AND PUNISHMENTS
PROSTITUTION AND RELATED OFFENSES
167.002 Definitions
for ORS 167.002 to 167.027
167.007 Prostitution
167.012 Promoting
prostitution
167.017 Compelling
prostitution
167.027 Evidence
required to show place of prostitution
OBSCENITY AND RELATED OFFENSES
167.051 Definitions
for ORS 167.054 and 167.057
167.054 Furnishing
sexually explicit material to a child
167.057 Luring
a minor
167.060 Definitions
for ORS 167.060 to 167.095
167.062 Sadomasochistic
abuse or sexual conduct in live show
167.075 Exhibiting
an obscene performance to a minor
167.080 Displaying
obscene materials to minors
167.085 Defenses
in prosecutions under ORS 167.075 and 167.080
167.090 Publicly
displaying nudity or sex for advertising purposes
167.095 Defenses
in prosecutions under ORS 167.090
167.100 Application
of ORS 167.060 to 167.100
GAMBLING OFFENSES
167.108 Definitions
for ORS 167.109 and 167.112
167.109 Internet
gambling
167.112 Liability
of certain entities engaged in certain financial transactions
167.114 Application
of ORS 167.109 and 167.112 to
167.116 Rulemaking
167.117 Definitions
for ORS 167.108 to 167.164 and 464.270 to 464.530
167.118 Bingo,
lotto or raffle games or
167.121 Local
regulation of social games
167.122 Unlawful
gambling in the second degree
167.127 Unlawful
gambling in the first degree
167.132 Possession
of gambling records in the second degree
167.137 Possession
of gambling records in the first degree
167.142 Defense
to possession of gambling records
167.147 Possession
of a gambling device; defense
167.153 Proving
occurrence of sporting event in prosecutions of gambling offenses
167.158 Lottery
prizes forfeited to county; exception; action by county to recover
167.162 Gambling
device as public nuisance; defense; seizure and destruction
167.164 Possession
of gray machine; penalty; defense
167.166 Removal
of unauthorized video lottery game terminal
167.167 Cheating
OFFENSES INVOLVING CONTROLLED SUBSTANCES
167.203 Definitions
for ORS 167.212 to 167.252
167.212 Tampering
with drug records
167.222 Frequenting
a place where controlled substances are used
167.238 Prima
facie evidence permitted in prosecutions of drug offenses
167.243 Exemption
contained in drug laws as defense to drug offenses
167.248 Search
and seizure of conveyance in which drugs unlawfully transported or possessed
167.252 Acquittal
or conviction under federal law as precluding state prosecution
167.262 Adult
using minor in commission of controlled substance offense
OFFENSES AGAINST ANIMALS
167.310 Definitions
for ORS 167.310 to 167.351
167.312 Research
and animal interference
167.315 Animal
abuse in the second degree
167.320 Animal
abuse in the first degree
167.322 Aggravated
animal abuse in the first degree
167.325 Animal
neglect in the second degree
167.330 Animal
neglect in the first degree
167.332 Prohibition
against possession of domestic animal
167.333 Sexual
assault of animal
167.334 Evaluation
of person convicted of violating ORS 167.333
167.335 Exemption
from ORS 167.315 to 167.333
167.337 Interfering
with law enforcement animal
167.339 Assaulting
law enforcement animal
167.340 Animal
abandonment
167.345 Authority
to enter premises; search warrant; notice of impoundment of animal; damage
resulting from entry
167.347 Forfeiture
of animal to animal care agency prior to disposition of criminal charge
167.348 Placement
of forfeited animal; preference
167.350 Forfeiture
of rights in mistreated animal; costs; disposition of animal
167.351 Trading
in nonambulatory livestock
167.352 Interfering
with assistance, search and rescue or therapy animal
167.355 Involvement
in animal fighting
167.360 Definitions
for ORS 167.360 to 167.375
167.365 Dogfighting
167.370 Participation
in dogfighting
167.372 Possessing
dogfighting paraphernalia
167.375 Seizure
of fighting dogs; procedure
167.385 Unauthorized
use of livestock animal
167.387 Definitions
for ORS 167.387 and 167.388
167.388 Interference
with livestock production
167.390 Commerce
in fur of domestic cats and dogs prohibited; exception
OFFENSES INVOLVING TOBACCO
167.400 Tobacco
possession by minors prohibited
167.401 Tobacco
purchase by minors prohibited; exceptions
167.402 Locating
tobacco vending machines where minors have access prohibited
167.404 Limitation
on right of city or county to regulate tobacco vending machines
167.407 Locating
tobacco products where customers can access without store employee prohibited
OFFENSES INVOLVING FIGHTING BIRDS
167.426 Definitions
for ORS 167.426 to 167.439
167.428 Cockfighting
167.431 Participation
in cockfighting
167.433 Seizure
of fighting birds; procedure
167.435 Forfeiture
of rights in fighting birds or property
167.437 Constructive
possession of fighting birds; procedure
167.439 Forcible
recovery of fighting bird
OFFENSES INVOLVING UNUSED PROPERTY MARKETS
167.500 Definitions
for ORS 167.502, 167.506 and 167.508
167.502
167.506 Recordkeeping
requirements
167.508 Exemptions
from ORS 167.502 and 167.506
MISCELLANEOUS
167.808 Unlawful
possession of inhalants
167.810 Creating
a hazard
167.820 Concealing
the birth of an infant
167.822 Improper
repair of vehicle inflatable restraint system
167.824 Unlawful
possession of undeployed air bags or air bag canisters
167.830 Employment
of minors in place of public entertainment
167.840 Application
of ORS 167.830 limited
PROSTITUTION AND RELATED OFFENSES
167.002
Definitions for ORS 167.002 to 167.027. As used in ORS 167.002 to 167.027, unless the context requires otherwise:
(1) Place of prostitution means any
place where prostitution is practiced.
(2) Prostitute means a male or female
person who engages in sexual conduct or sexual contact for a fee.
(3) Prostitution enterprise means an
arrangement whereby two or more prostitutes are organized to conduct
prostitution activities.
(4) Sexual conduct means sexual
intercourse or deviate sexual intercourse.
(5) Sexual contact means any touching of
the sexual organs or other intimate parts of a person not married to the actor
for the purpose of arousing or gratifying the sexual desire of either party. [1971
c.743 §249; 1973 c.699 §5]
167.005 [Repealed by 1971 c.743 §432]
167.007
Prostitution. (1) A person
commits the crime of prostitution if:
(a) The person engages in or offers or
agrees to engage in sexual conduct or sexual contact in return for a fee; or
(b) The person pays or offers or agrees to
pay a fee to engage in sexual conduct or sexual contact.
(2) Prostitution is a Class A misdemeanor.
[1971 c.743 §250; 1973 c.52 §1; 1973 c.699 §6]
167.010 [Repealed by 1971 c.743 §432]
167.012
Promoting prostitution. (1)
A person commits the crime of promoting prostitution if, with intent to promote
prostitution, the person knowingly:
(a) Owns, controls, manages, supervises or
otherwise maintains a place of prostitution or a prostitution enterprise; or
(b) Induces or causes a person to engage
in prostitution or to remain in a place of prostitution; or
(c) Receives or agrees to receive money or
other property, other than as a prostitute being compensated for personally
rendered prostitution services, pursuant to an agreement or understanding that
the money or other property is derived from a prostitution activity; or
(d) Engages in any conduct that
institutes, aids or facilitates an act or enterprise of prostitution.
(2) Promoting prostitution is a Class C
felony. [1971 c.743 §251]
167.015 [Repealed by 1971 c.743 §432]
167.017
Compelling prostitution. (1)
A person commits the crime of compelling prostitution if the person knowingly:
(a) Uses force or intimidation to compel
another to engage in prostitution; or
(b) Induces or causes a person under 18
years of age to engage in prostitution; or
(c) Induces or causes the spouse, child or
stepchild of the person to engage in prostitution.
(2) Compelling prostitution is a Class B
felony. [1971 c.743 §252]
167.020 [Repealed by 1971 c.743 §432]
167.022 [1971 c.743 §253; repealed by 1979 c.248 §1]
167.025 [Repealed by 1971 c.743 §432]
167.027
Evidence required to show place of prostitution. (1) On the issue of whether a place is a
place of prostitution as defined in ORS 167.002, its general repute and repute
of persons who reside in or frequent the place shall be competent evidence.
(2) Notwithstanding ORS 136.655, in any
prosecution under ORS 167.012 and 167.017, spouses are competent and
compellable witnesses for or against either party. [1971 c.743 §254]
167.030 [Repealed by 1971 c.743 §432]
167.035 [Repealed by 1971 c.743 §432]
167.040 [Repealed by 1971 c.743 §432]
167.045 [1953 c.641 §§1, 7; 1955 c.636 §6; repealed
by 1971 c.743 §432]
167.050 [1953 c.641 §7; 1955 c.636 §7; 1963 c.353 §1;
repealed by 1971 c.743 §432]
OBSCENITY AND
RELATED OFFENSES
167.051
Definitions for ORS 167.054 and 167.057. As used in ORS 167.054 and 167.057:
(1) Child means a person under 13 years
of age.
(2) Furnishes means to sell, give, rent,
loan or otherwise provide.
(3) Minor means a person under 18 years
of age.
(4) Sexual conduct means:
(a) Human masturbation or 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 as part of a personal
hygiene practice; or
(d) Touching of the genitals, pubic areas
or buttocks of the human male or female or of the breasts of the human female.
(5) Sexually explicit material means
material containing visual images of:
(a) Human masturbation or 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; or
(c) Penetration of the vagina or rectum by
any object other than as part of a personal hygiene practice. [2007 c.869 §1]
Note: 167.051, 167.054 and 167.057 were enacted
into law by the Legislative Assembly but were not added to or made a part of
ORS chapter 167 or any series therein by legislative action. See Preface to
Oregon Revised Statutes for further explanation.
167.054
Furnishing sexually explicit material to a child. (1) A person commits the crime of furnishing
sexually explicit material to a child if the person intentionally furnishes a
child, or intentionally permits a child to view, sexually explicit material and
the person knows that the material is sexually explicit material.
(2) A person is not liable to prosecution
for violating subsection (1) of this section if:
(a) The person is an employee of a bona
fide museum, school, law enforcement agency, medical treatment provider or
public library, acting within the scope of regular employment; or
(b) The person furnishes, or permits the
viewing of, material the sexually explicit portions of which form merely an
incidental part of an otherwise nonoffending whole and serve some purpose other
than titillation.
(3) In a prosecution under subsection (1)
of this section, it is an affirmative defense:
(a) That the sexually explicit material
was furnished, or the viewing was permitted, solely for the purpose of sex
education, art education or psychological treatment and was furnished or
permitted by the childs parent or legal guardian, by an educator or treatment
provider or by another person acting on behalf of the parent, legal guardian,
educator or treatment provider;
(b) That the defendant had reasonable
cause to believe that the person to whom the sexually explicit material was
furnished, or who was permitted to view the material, was not a child; or
(c) That the defendant was less than three
years older than the child at the time of the alleged offense.
(4) In a prosecution under subsection (1)
of this section, it is not a defense that the person to whom the sexually
explicit material was furnished or who was permitted to view the material was
not a child but was a law enforcement officer posing as a child.
(5) Furnishing sexually explicit material
to a child is a Class A misdemeanor. [2007 c.869 §2]
Note: See note under 167.051.
167.055 [1955 c.636 §9; 1963 c.513 §1; repealed by
1971 c.743 §432]
167.057
Luring a minor. (1) A person
commits the crime of luring a minor if the person:
(a) Furnishes to, or uses with, a minor a
visual representation or explicit verbal description or narrative account of
sexual conduct; and
(b) Furnishes or uses the representation,
description or account for the purpose of:
(A) Arousing or satisfying the sexual
desires of the person or the minor; or
(B) Inducing the minor to engage in sexual
conduct.
(2) A person is not liable to prosecution
for violating subsection (1) of this section if the person furnishes or uses a
representation, description or account of sexual conduct that forms merely an
incidental part of an otherwise nonoffending whole and serves some purpose
other than titillation.
(3) In a prosecution under subsection (1)
of this section, it is an affirmative defense:
(a) That the representation, description
or account was furnished or used for the purpose of psychological or medical
treatment and was furnished by a treatment provider or by another person acting
on behalf of the treatment provider;
(b) That the defendant had reasonable
cause to believe that the person to whom the representation, description or
account was furnished or with whom the representation, description or account
was used was not a minor; or
(c) That the defendant was less than three
years older than the minor at the time of the alleged offense.
(4) In a prosecution under subsection (1)
of this section, it is not a defense that the person to whom the
representation, description or account was furnished or with whom the
representation, description or account was used was not a minor but was a law
enforcement officer posing as a minor.
(5) Luring a minor is a Class C felony. [2007
c.869 §3]
Note: See note under 167.051.
167.060
Definitions for ORS 167.060 to 167.095. As used in ORS 167.060 to 167.095, unless the context requires
otherwise:
(1) Advertising purposes means purposes
of propagandizing in connection with the commercial sale of a product or type
of product, the commercial offering of a service, or the commercial exhibition
of an entertainment.
(2) Displays publicly means the
exposing, placing, posting, exhibiting, or in any fashion displaying in any
location, whether public or private, an item in such a manner that it may be
readily seen and its content or character distinguished by normal unaided
vision viewing it from a public thoroughfare, depot or vehicle.
(3) Furnishes means to sell, give, rent,
loan or otherwise provide.
(4) Minor means an unmarried person
under 18 years of age.
(5) Nudity means uncovered, or less than
opaquely covered, post-pubertal human genitals, pubic areas, the post-pubertal
human female breast below a point immediately above the top of the areola, or
the covered human male genitals in a discernibly turgid state. For purposes of
this definition, a female breast is considered uncovered if the nipple only or
the nipple and areola only are covered.
(6) Obscene performance means a play,
motion picture, dance, show or other presentation, whether pictured, animated
or live, performed before an audience and which in whole or in part depicts or
reveals nudity, sexual conduct, sexual excitement or sadomasochistic abuse, or
which includes obscenities or explicit verbal descriptions or narrative
accounts of sexual conduct.
(7) Obscenities means those slang words
currently generally rejected for regular use in mixed society, that are used to
refer to genitals, female breasts, sexual conduct or excretory functions or
products, either that have no other meaning or that in context are clearly used
for their bodily, sexual or excretory meaning.
(8) Public thoroughfare, depot or vehicle
means any street, highway, park, depot or transportation platform, or other
place, whether indoors or out, or any vehicle for public transportation, owned
or operated by government, either directly or through a public corporation or
authority, or owned or operated by any agency of public transportation that is
designed for the use, enjoyment or transportation of the general public.
(9) Sadomasochistic abuse means
flagellation or torture by or upon a person who is nude or clad in
undergarments or in revealing or bizarre costume, or the condition of being
fettered, bound or otherwise physically restrained on the part of one so
clothed.
(10) Sexual conduct means human
masturbation, sexual intercourse, or any touching of the genitals, pubic areas
or buttocks of the human male or female, or the breasts of the female, whether
alone or between members of the same or opposite sex or between humans and
animals in an act of apparent sexual stimulation or gratification.
(11) Sexual excitement means the
condition of human male or female genitals or the breasts of the female when in
a state of sexual stimulation, or the sensual experiences of humans engaging in
or witnessing sexual conduct or nudity. [1971 c.743 §255]
167.062
Sadomasochistic abuse or sexual conduct in live show. (1) It is unlawful for any person to
knowingly engage in sadomasochistic abuse or sexual conduct in a live public
show.
(2) Violation of subsection (1) of this
section is a Class A misdemeanor.
(3) It is unlawful for any person to
knowingly direct, manage, finance or present a live public show in which the
participants engage in sadomasochistic abuse or sexual conduct.
(4) Violation of subsection (3) of this
section is a Class C felony.
(5) As used in ORS 167.002, 167.007 and
this section unless the context requires otherwise:
(a) Live public show means a public show
in which human beings, animals, or both appear bodily before spectators or
customers.
(b) Public show means any entertainment
or exhibition advertised or in some other fashion held out to be accessible to
the public or member of a club, whether or not an admission or other charge is
levied or collected and whether or not minors are admitted or excluded. [1973
c.699 §§2,3; 2007 c.869 §9]
167.065 [1971 c.743 §256; repealed by 2007 c.869 §11]
167.070 [1971 c.743 §257; repealed by 2007 c.869 §11]
167.075
Exhibiting an obscene performance to a minor.(1) A person commits the crime of exhibiting an obscene performance to
a minor if the minor is unaccompanied by the parent or lawful guardian of the
minor, and for a monetary consideration or other valuable commodity or service,
the person knowingly or recklessly:
(a) Exhibits an obscene performance to the
minor; or
(b) Sells an admission ticket or other
means to gain entrance to an obscene performance to the minor; or
(c) Permits the admission of the minor to
premises whereon there is exhibited an obscene performance.
(2) No employee is liable to prosecution
under this section or under any city or home-rule county ordinance for
exhibiting or possessing with intent to exhibit any obscene motion picture
provided the employee is acting within the scope of regular employment at a
showing open to the public.
(3) 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.
(4) Exhibiting an obscene performance to a
minor is a Class A misdemeanor. Notwithstanding ORS 161.635 and 161.655, a
person convicted under this section may be sentenced to pay a fine, fixed by
the court, not exceeding $10,000. [1971 c.743 §258]
167.080
Displaying obscene materials to minors. (1) A person commits the crime of displaying obscene materials to
minors if, being the owner, operator or manager of a business or acting in a
managerial capacity, the person knowingly or recklessly permits a minor who is
not accompanied by the parent or lawful guardian of the minor to enter or
remain on the premises, if in that part of the premises where the minor is so
permitted to be, there is visibly displayed:
(a) Any picture, photograph, drawing,
sculpture or other visual representation or image of a person or portion of the
human body that depicts nudity, sexual conduct, sexual excitement or
sadomasochistic abuse; or
(b) Any book, magazine, paperback,
pamphlet or other written or printed matter, however reproduced, that reveals a
person or portion of the human body that depicts nudity, sexual conduct, sexual
excitement or sadomasochistic abuse.
(2) Displaying obscene materials to minors
is a Class A misdemeanor. Notwithstanding ORS 161.635 and 161.655, a person
convicted under this section may be sentenced to pay a fine, fixed by the
court, not exceeding $10,000. [1971 c.743 §259]
167.085
Defenses in prosecutions under ORS 167.075 and 167.080. In any prosecution under ORS 167.075 and
167.080, it is an affirmative defense for the defendant to prove:
(1) That the defendant was in a parental
or guardianship relationship with the minor;
(2) That the defendant was a bona fide
school, museum or public library, or was acting in the course of employment as
an employee of such organization or of a retail outlet affiliated with and
serving the educational purpose of such organization;
(3) That the defendant was charged with
furnishing, showing, exhibiting or displaying an item, those portions of which
might otherwise be contraband forming merely an incidental part of an otherwise
nonoffending whole, and serving some purpose therein other than titillation; or
(4) That the defendant had reasonable
cause to believe that the person involved was not a minor. [1971 c.743 §260;
1993 c.18 §27; 2001 c.607 §1]
167.087 [1973 c.699 §4; repealed by 2007 c.869 §11]
167.089 [1975 c.272 §2; repealed by 2007 c.869 §11]
167.090
Publicly displaying nudity or sex for advertising purposes. (1) A person commits the crime of publicly
displaying nudity or sex for advertising purposes if, for advertising purposes,
the person knowingly:
(a) Displays publicly or causes to be
displayed publicly a picture, photograph, drawing, sculpture or other visual
representation or image of a person or portion of the human body that depicts
nudity, sadomasochistic abuse, sexual conduct or sexual excitement, or any
page, poster or other written or printed matter bearing such representation or
a verbal description or narrative account of such items or activities, or any
obscenities; or
(b) Permits any display described in this
section on premises owned, rented or operated by the person.
(2) Publicly displaying nudity or sex for
advertising purposes is a Class A misdemeanor. [1971 c.743 §261]
167.095
Defenses in prosecutions under ORS 167.090. In any prosecution for violation of ORS 167.090, it shall be an
affirmative defense for the defendant to prove:
(1) That the public display, even though
in connection with a commercial venture, was primarily for artistic purposes or
as a public service; or
(2) That the public display was of nudity,
exhibited by a bona fide art, antique or similar gallery or exhibition, and
visible in a normal display setting. [1971 c.743 §262]
167.100
Application of ORS 167.060 to 167.100. ORS 167.060 to 167.100 shall be applicable and uniform throughout the
state and all political subdivisions and municipalities therein, and no local
authority shall enact any ordinances, rules or regulations in conflict with the
provisions thereof. [1971 c.743 §262a]
167.105 [Repealed by 1971 c.743 §432]
GAMBLING
OFFENSES
167.108
Definitions for ORS 167.109 and 167.112. As used in ORS 167.109 and 167.112:
(1) Credit and credit card have the
meaning given those terms under the federal Consumer Credit Protection Act
(P.L. 90-321, 82 Stat. 146, 15 U.S.C. 1601).
(2) Electronic funds transfer has the
meaning given that term in ORS 293.525.
(3) Financial institution has the
meaning given that term in ORS 706.008.
(4) Money transmission has the meaning
given that term in ORS 717.200. [2001 c.502 §4]
167.109
Internet gambling. (1) A
person engaged in an Internet gambling business may not knowingly accept, in
connection with the participation of another person in unlawful gambling using
the Internet:
(a) Credit, or the proceeds of credit,
extended to or on behalf of such other person, including credit extended
through the use of a credit card;
(b) An electronic funds transfer or funds
transmitted by or through a money transmission business, or the proceeds of an
electronic funds transfer or money transmission service, from or on behalf of
the other person;
(c) Any check, draft or similar instrument
that is drawn by or on behalf of the other person and is drawn on or payable at
or through any financial institution; or
(d) The proceeds of any other form of
financial transaction that involves a financial institution as a payor or
financial intermediary on behalf of or for the benefit of the other person.
(2) Violation of subsection (1) of this
section is a Class C felony. [2001 c.502 §2]
167.110 [Repealed by 1971 c.743 §432]
167.112
Liability of certain entities engaged in certain financial transactions. Notwithstanding any other provision of law,
a creditor, credit card issuer, financial institution, operator of a terminal
at which an electronic funds transfer may be initiated, money transmission
business or any national, regional or local network utilized to effect a credit
transaction, electronic funds transfer or money transmission service that is
not liable under ORS 167.109:
(1) May collect on any debt arising out of
activities that are illegal under ORS 167.109;
(2) Shall not be deemed to be
participating in any activities that are illegal under ORS 167.109 by reason of
their processing transactions arising out of such activities or collecting
debts arising out of such activities; and
(3) Shall not be liable under any
provision of ORS 166.715 to 166.735 or 646.605 to 646.652 by reason of their
processing transactions arising out of activities that are illegal under ORS
167.109 or collecting debts arising out of such activities. [2001 c.502 §3]
167.114
Application of ORS 167.109 and 167.112 to
Note: Section 8, chapter 502, Oregon Laws 2001,
provides:
Sec.
8. Sections 2 to 5 of this
2001 Act [167.108 to 167.114] apply to debts first occurring on or after the
effective date of this 2001 Act [June 21, 2001] and to debts occurring prior to
the effective date of this 2001 Act that have not been determined by a court to
be uncollectible, unlawful or illegal. [2001 c.502 §8]
167.115 [Repealed by 1971 c.743 §432]
167.116
Rulemaking. (1) The Oregon
State Lottery Commission shall adopt rules to carry out the provisions of ORS
167.117 (9)(c)(E) and (20)(b).
(2) Devices authorized by the Oregon State
Lottery Commission for the purposes described in ORS 167.117 (9)(c)(E) and
(20)(b) are exempted from the provisions of 15 U.S.C. 1172. [1999 c.193 §2;
2001 c.502 §6]
Note: 167.116 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 167 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
167.117
Definitions for ORS 167.108 to 167.164 and 464.270 to 464.530. As used in ORS 167.108 to 167.164 and
464.270 to 464.530, unless the context requires otherwise:
(1) Bingo or lotto means a game, played
with cards bearing lines of numbers, in which a player covers or uncovers a
number selected from a container, and which is won by a player who is present
during the game and who first covers or uncovers the selected numbers in a
designated combination, sequence or pattern.
(2) Bookmaker means a person who
unlawfully accepts a bet from a member of the public upon the outcome of a
future contingent event and who charges or accepts a percentage, fee or
vigorish on the wager.
(3) Bookmaking means promoting gambling
by unlawfully accepting bets from members of the public as a business, rather
than in a casual or personal fashion, upon the outcomes of future contingent
events.
(4) Casino game means any of the
traditional gambling-based games commonly known as dice, faro, monte, roulette,
fan-tan, twenty-one, blackjack, Texas hold-em, seven-and-a-half, big injun,
klondike, craps, poker, chuck-a-luck, Chinese chuck-a-luck (dai shu), wheel of
fortune, chemin de fer, baccarat, pai gow, beat the banker, panquinqui, red
dog, acey-deucey, or any other gambling-based game similar in form or content.
(5)(a) Charitable, fraternal or religious
organization means any person that is:
(A) Organized and existing for charitable,
benevolent, eleemosynary, humane, patriotic, religious, philanthropic,
recreational, social, educational, civic, fraternal or other nonprofit
purposes; and
(B) Exempt from payment of federal income
taxes because of its charitable, fraternal or religious purposes.
(b) The fact that contributions to an
organization profiting from a contest of chance do not qualify for a charitable
deduction for tax purposes or that the organization is not otherwise exempt
from payment of federal income taxes pursuant to the Internal Revenue Code of
1986, as amended, constitutes prima facie evidence that the organization is not
a bona fide charitable, fraternal or religious organization.
(6) Contest of chance means any contest,
game, gaming scheme or gaming device in which the outcome depends in a material
degree upon an element of chance, notwithstanding that skill of the contestants
may also be a factor therein.
(7) Gambling means that a person stakes
or risks something of value upon the outcome of a contest of chance or a future
contingent event not under the control or influence of the person, upon an
agreement or understanding that the person or someone else will receive
something of value in the event of a certain outcome. Gambling does not
include:
(a) Bona fide business transactions valid
under the law of contracts for the purchase or sale at a future date of securities
or commodities, and agreements to compensate for loss caused by the happening
of chance, including but not limited to contracts of indemnity or guaranty and
life, health or accident insurance.
(b) Engaging in contests of chance under
the following conditions:
(A) The contest is played for some token
other than money;
(B) An individual contestant may not
purchase more than $100 worth of tokens for use in the contest during any
24-hour period;
(C) The tokens may be exchanged only for
property other than money;
(D) Except when the tokens are exchanged
for a beverage or merchandise to be consumed on the premises, the tokens are
not redeemable on the premises where the contest is conducted or within 50
miles thereof; and
(E) Except for charitable, fraternal or
religious organizations, no person who conducts the contest as owner, agent or
employee profits in any manner from operation of the contest.
(c) Social games.
(d) Bingo, lotto or raffle games or
(8) Gambling device means any device,
machine, paraphernalia or equipment that is used or usable in the playing
phases of unlawful gambling, whether it consists of gambling between persons or
gambling by a person involving the playing of a machine. Lottery tickets,
policy slips and other items used in the playing phases of lottery and policy schemes
are not gambling devices within this definition. Amusement devices other than
gray machines, that do not return to the operator or player thereof anything
but free additional games or plays, shall not be considered to be gambling
devices.
(9)(a) Gray machine means any electrical
or electromechanical device, whether or not it is in working order or some act
of manipulation, repair, adjustment or modification is required to render it
operational, that:
(A) Awards credits or contains or is
readily adaptable to contain, a circuit, meter or switch capable of removing or
recording the removal of credits earned by a player, other than removal during
the course of continuous play; or
(B) Plays, emulates or simulates a casino
game, bingo or keno.
(b) A device is no less a gray machine
because, apart from its use or adaptability as such, it may also sell or
deliver something of value on the basis other than chance.
(c) Gray machine does not include:
(A) Any device commonly known as a
personal computer, including any device designed and marketed solely for home
entertainment, when used privately and not for a fee and not used to facilitate
any form of gambling;
(B) Any device operated under the
authority of the Oregon State Lottery;
(C) Any device manufactured or serviced
but not operated in
(D) A slot machine;
(E) Any device authorized by the Oregon
State Lottery Commission for:
(i) Display and demonstration purposes
only at trade shows; or
(ii) Training and testing purposes by the
Department of State Police; or
(F) Any device used to operate bingo in
compliance with ORS 167.118 by a charitable, fraternal or religious
organization licensed to operate bingo pursuant to ORS 167.118, 464.250 to
464.380 and 464.420 to 464.530.
(10) Handle means the total amount of
money and other things of value bet on the bingo, lotto or raffle games, the
value of raffle chances sold or the total amount collected from the sale of
imitation money during
(11) Internet means an interactive
computer service or system or an information service, system or access software
provider that provides or enables computer access by multiple users to a computer
server and includes, but is not limited to, an information service, system or
access software provider that provides access to a network system commonly
known as the Internet, or any comparable system or service and also includes,
but is not limited to a World Wide Web page, newsgroup, message board, mailing
list or chat area on any interactive computer service or system or other online
service.
(12) Lottery or policy means an
unlawful gambling scheme in which:
(a) The players pay or agree to pay
something of value for chances, represented and differentiated by numbers or by
combinations of numbers or by some other medium, one or more of which chances
are to be designated the winning ones;
(b) The winning chances are to be
determined by a drawing or by some other method; and
(c) The holders of the winning chances are
to receive something of value.
(13)
(14) Numbers scheme or enterprise means
a form of lottery in which the winning chances or plays are not determined upon
the basis of a drawing or other act on the part of persons conducting or
connected with the scheme, but upon the basis of the outcome of a future
contingent event otherwise unrelated to the particular scheme.
(15) Operating expenses means those
expenses incurred in the operation of a bingo, lotto or raffle game, including
only the following:
(a) Salaries, employee benefits, workers
compensation coverage and state and federal employee taxes;
(b) Security services;
(c) Legal and accounting services;
(d) Supplies and inventory;
(e) Rent, repairs, utilities, water, sewer
and garbage;
(f) Insurance;
(g) Equipment;
(h) Printing and promotions;
(i) Postage and shipping;
(j) Janitorial services and supplies; and
(k) Leasehold improvements.
(16) Player means a person who engages
in any form of gambling solely as a contestant or bettor, without receiving or
becoming entitled to receive any profit therefrom other than personal gambling
winnings, and without otherwise rendering any material assistance to the
establishment, conduct or operation of the particular gambling activity. A
person who gambles at a social game of chance on equal terms with the other
participants therein is a person who does not otherwise render material
assistance to the establishment, conduct or operation thereof by performing,
without fee or remuneration, acts directed toward the arrangement or
facilitation of the game, such as inviting persons to play, permitting the use
of premises therefor and supplying cards or other equipment used therein. A
person who engages in bookmaking is not a player.
(17) Profits from unlawful gambling
means that a person, acting other than solely as a player, accepts or receives
money or other property pursuant to an agreement or understanding with another
person whereby the person participates or is to participate in the proceeds of
unlawful gambling.
(18) Promotes unlawful gambling means
that a person, acting other than solely as a player, engages in conduct that
materially aids any form of unlawful gambling. Conduct of this nature includes,
but is not limited to, conduct directed toward the creation or establishment of
the particular game, contest, scheme, device or activity involved, toward the
acquisition or maintenance of premises, paraphernalia, equipment or apparatus
therefor, toward the solicitation or inducement of persons to participate
therein, toward the conduct of the playing phases thereof, toward the
arrangement of any of its financial or recording phases or toward any other
phase of its operation. A person promotes unlawful gambling if, having control
or right of control over premises being used with the knowledge of the person
for purposes of unlawful gambling, the person permits the unlawful gambling to
occur or continue or makes no effort to prevent its occurrence or continuation.
(19) Raffle means a lottery operated by
a charitable, fraternal or religious organization wherein the players pay
something of value for chances, represented by numbers or combinations thereof
or by some other medium, one or more of which chances are to be designated the
winning ones or determined by a drawing and the player holding the winning
chance is to receive something of value.
(20)(a) Slot machine means a gambling
device that as a result of the insertion of a coin or other object operates,
either completely automatically, or with the aid of some physical act by the
player, in such a manner that, depending upon elements of chance, it may eject
something of value or otherwise entitle the player to something of value. A
device so constructed or readily adaptable or convertible to such use is no
less a slot machine because it is not in working order or because some
mechanical act of manipulation or repair is required to accomplish its
adaptation, conversion or workability. Nor is it any less a slot machine
because apart from its use or adaptability as such it may also sell or deliver
something of value on the basis other than chance.
(b) Slot machine does not include any
device authorized by the Oregon State Lottery Commission for:
(A) Display and demonstration purposes
only at trade shows; or
(B) Training and testing purposes by the
Department of State Police.
(21) Social game means:
(a) A game, other than a lottery, between
players in a private home where no house player, house bank or house odds exist
and there is no house income from the operation of the social game; and
(b) If authorized pursuant to ORS 167.121,
a game, other than a lottery, between players in a private business, private
club or place of public accommodation where no house player, house bank or
house odds exist and there is no house income from the operation of the social
game.
(22) Something of value means any money
or property, any token, object or article exchangeable for money or property,
or any form of credit or promise directly or indirectly contemplating transfer
of money or property or of any interest therein.
(23) Trade show means an exhibit of
products and services that is:
(a) Not open to the public; and
(b) Of limited duration.
(24) Unlawful means not specifically
authorized by law. [1971 c.669 §3a; 1971 c.743 §263; 1973 c.788 §1; 1974 c.7 §1;
1975 c.421 §1; 1977 c.850 §1; 1983 c.813 §1; 1987 c.914 §1; 1991 c.962 §7; 1995
c.577 §2; 1997 c.867 §1; 1999 c.193 §1; 2001 c.228 §1; 2001 c.502 §7; 2005 c.57
§1; 2005 c.355 §2]
167.118
Bingo, lotto or raffle games or
(a) The organization operating the games
may present a prize of money or other property to any player not involved in
the administration or management of the games.
(b) An organization licensed to conduct
Monte Carlo events may contract with a licensed supplier of Monte Carlo event
equipment to operate the event, including the provision of equipment, supplies
and personnel, provided that the licensed supplier is paid a fixed fee to
conduct the event and the imitation money is sold to players by employees or
volunteers of the licensed charitable, fraternal or religious organization.
(c) A person may sell, rent or lease
equipment, including electronic equipment, proprietary computer software and
real property to a licensed charitable, fraternal or religious organization.
Rent or lease payments must be made in compliance with the provisions of ORS
464.510.
(d) An organization licensed by the
department may act as an escrow agent to receive money or property to be awarded
as prizes.
(2) A charitable, fraternal or religious
organization may not operate bingo, lotto or raffle games or
(3)(a) An organization licensed by the
department to operate bingo or lotto games may not award a prize exceeding
$2,500 in value in any one game. An organization licensed by the department to
operate a
(b) Notwithstanding any provision of this
chapter to the contrary, a bingo licensee may operate two games per year with a
prize not to exceed $10,000 per game and, if approved by the department, may
also participate in a linked progressive game involving only
(4) Each charitable, fraternal or
religious organization that maintains, conducts or operates any bingo, lotto or
raffle game or
(5) It is unlawful for a licensee to
permit the operating expenses of the games to exceed 18 percent of the annual
handle of its bingo, lotto and raffle operation.
(6) It is unlawful for a charitable,
fraternal or religious organization licensed by the department to operate
bingo, lotto or raffle games if:
(a) The handle of the games and events
exceeds $250,000 in a year; and
(b) The games and events do not generate
for the organizations purposes, after the cost of prizes and operating
expenses are deducted from the handle, an amount that equals or exceeds five
percent of the handle. [1987 c.914 §3; 1991 c.274 §2; 1995 c.331 §1; 1997 c.867
§2; 1999 c.218 §1; 2001 c.228 §2; 2003 c.417 §1]
167.119 [1973 c.788 §3; repealed by 1974 c.7 §2]
167.120 [Amended by 1955 c.514 §1; 1969 c.404 §1;
repealed by 1971 c.743 §432]
167.121
Local regulation of social games. Counties and cities may, by ordinance, authorize the playing or
conducting of a social game in a private business, private club or in a place
of public accommodation. Such ordinances may provide for regulation or
licensing of the social games authorized. [1974 c.7 §3]
Note: 167.121 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 167 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
167.122
Unlawful gambling in the second degree. (1) A person commits the crime of unlawful gambling in the second
degree if the person knowingly:
(a) Places a bet with a bookmaker; or
(b) Participates or engages in unlawful
gambling as a player.
(2) Unlawful gambling in the second degree
is a Class A misdemeanor. [1971 c.743 §264; 1997 c.867 §21]
167.125 [Amended by 1969 c.404 §2; repealed by 1971
c.743 §432]
167.127
Unlawful gambling in the first degree. (1) A person commits the crime of unlawful gambling in the first
degree if the person knowingly promotes or profits from unlawful gambling.
(2) Unlawful gambling in the first degree
is a Class C felony. [1971 c.743 §265; 1997 c.867 §22]
167.130 [Repealed by 1971 c.743 §432]
167.132
Possession of gambling records in the second degree. (1) A person commits the crime of possession
of gambling records in the second degree if, with knowledge of the contents
thereof, the person possesses any writing, paper, instrument or article:
(a) Of a kind commonly used in the
operation or promotion of a bookmaking scheme or enterprise; or
(b) Of a kind commonly used in the
operation, promotion or playing of a lottery or numbers scheme or enterprise.
(2) Possession of gambling records in the
second degree is a Class A misdemeanor. [1971 c.743 §266]
167.135 [Repealed by 1971 c.743 §432]
167.137
Possession of gambling records in the first degree. (1) A person commits the crime of possession
of gambling records in the first degree if, with knowledge of the contents
thereof, the person possesses any writing, paper, instrument or article:
(a) Of a kind commonly used in the
operation or promotion of a bookmaking scheme or enterprise, and constituting,
reflecting or representing more than five bets totaling more than $500; or
(b) Of a kind commonly used in the
operation, promotion or playing of a lottery or numbers scheme or enterprise,
and constituting, reflecting or representing more than 500 plays or chances
therein.
(2) Possession of gambling records in the
first degree is a Class C felony. [1971 c.743 §267]
167.140 [Repealed by 1971 c.743 §432]
167.142
Defense to possession of gambling records. In any prosecution under ORS 167.132 or 167.137 it is a defense if the
writing, paper, instrument or article possessed by the defendant is neither
used nor intended to be used in the operation or promotion of a bookmaking
scheme or enterprise, or in the operation, promotion or playing of a lottery or
numbers scheme or enterprise. [1971 c.743 §268]
167.145 [Repealed by 1971 c.743 §432]
167.147
Possession of a gambling device; defense. (1) A person commits the crime of possession of a gambling device if,
with knowledge of the character thereof, the person manufactures, sells,
transports, places or possesses, or conducts or negotiates a transaction
affecting or designed to affect ownership, custody or use of:
(a) A slot machine; or
(b) Any other gambling device, believing
that the device is to be used in promoting unlawful gambling activity.
(2) Possession of a gambling device is a
Class A misdemeanor.
(3) It is a defense to a charge of
possession of a gambling device if the slot machine or gambling device that
caused the charge to be brought was manufactured:
(a) Prior to 1900 and is not operated for
purposes of unlawful gambling; or
(b) More than 25 years before the date on
which the charge was brought and:
(A) Is located in a private residence;
(B) Is not operated for the purposes of
unlawful gambling; and
(C) Has permanently affixed to it by the
manufacturer, the manufacturers name and either the date of manufacture or the
serial number. [1971 c.743 §269; 1977 c.264 §1; 1983 c.403 §1; 1993 c.781 §1;
1995 c.577 §1]
167.150 [Repealed by 1961 c.579 §2]
167.151 [1961 c.579 §1; 1963 c.480 §1; repealed by
1971 c.743 §432]
167.152 [1955 c.494 §1; repealed by 1971 c.743 §432]
167.153
Proving occurrence of sporting event in prosecutions of gambling offenses. In any prosecution under ORS 167.117 and
167.122 to 167.147 in which it is necessary to prove the occurrence of a
sporting event, the following shall be admissible in evidence and shall be
prima facie evidence of the occurrence of the event:
(1) A published report of its occurrence
in a daily newspaper, magazine or other periodically printed publication of
general circulation; or
(2) Evidence that a description of some
aspect of the event was written, printed or otherwise noted at the place in
which a violation of ORS 167.117 and 167.122 to 167.147 is alleged to have been
committed. [1971 c.743 §270]
167.155 [Repealed by 1961 c.503 §3]
167.157 [1969 c.169 §1; repealed by 1971 c.743 §432]
167.158
Lottery prizes forfeited to county; exception; action by county to recover. (1) Except for bingo or lotto operated by a
charitable, fraternal or religious organization, all sums of money and every
other valuable thing drawn as a prize in any lottery or pretended lottery, by
any person within this state, are forfeited to the use of the county in which
it is found, and may be sued for and recovered by a civil action.
(2) Nothing contained in ORS 105.550 to
105.600 shall interfere with the duty of officers to take possession of
property as provided by subsection (1) of this section. [1971 c.743 §271; 1977
c.850 §3; 1989 c.846 §14]
167.160 [Repealed by 1961 c.503 §3]
167.162
Gambling device as public nuisance; defense; seizure and destruction. (1) A gambling device is a public nuisance.
Any peace officer shall summarily seize any such device that the peace officer
finds and deliver it to the custody of the sheriff, who shall hold it subject
to the order of the court having jurisdiction.
(2) Whenever it appears to the court that
the gambling device has been possessed in violation of ORS 167.147, the court
shall adjudge forfeiture thereof and shall order the sheriff to destroy the
device and to deliver any coins taken therefrom to the county treasurer, who
shall deposit them to the general fund of the county. However, when the defense
provided by ORS 167.147 (3) is raised by the defendant, the gambling device or
slot machine shall not be forfeited or destroyed until after a final judicial
determination that the defense is not applicable. If the defense is applicable,
the gambling device or slot machine shall be returned to its owner.
(3) The seizure of the gambling device or
operating part thereof constitutes sufficient notice to the owner or person in
possession thereof. The sheriff shall make return to the court showing that the
sheriff has complied with the order.
(4) Whenever, in any proceeding in court
for the forfeiture of any gambling device except a slot machine seized for a
violation of ORS 167.147, a judgment for forfeiture is entered, the court shall
have exclusive jurisdiction to remit or mitigate the forfeiture.
(5) In any such proceeding the court shall
not allow the claim of any claimant for remission or mitigation unless and
until the claimant proves that the claimant:
(a) Has an interest in the gambling
device, as owner or otherwise, that the claimant acquired in good faith.
(b) At no time had any knowledge or reason
to believe that it was being or would be used in violation of law relating to
gambling.
(6) In any proceeding in court for the
forfeiture of any gambling device except a slot machine seized for a violation
of law relating to gambling, the court may in its discretion order delivery
thereof to any claimant who shall establish the right to the immediate
possession thereof, and shall execute, with one or more sureties, or by a
surety company, approved by the court, and deliver to the court, a bond in such
sum as the court shall determine, running to the State of Oregon, and
conditioned to return such gambling device at the time of trial, and
conditioned further that, if the gambling device be not returned at the time of
trial, the bond may in the discretion of the court stand in lieu of and be
forfeited in the same manner as such gambling device. [1971 c.743 §272; 1977
c.264 §2; 1999 c.59 §32; 2003 c.576 §391; 2005 c.22 §117]
167.164
Possession of gray machine; penalty; defense. (1) On and after December 1, 1991, a person commits the crime of
possession of a gray machine if the person manufactures, sells, leases,
transports, places, possesses or services a gray machine or conducts or
negotiates a transaction affecting or designed to affect the ownership, custody
or use of a gray machine.
(2) Possession of a gray machine is a
Class C felony.
(3) Violation of, solicitation to violate,
attempt to violate or conspiracy to violate subsection (1) of this section
constitutes prohibited conduct for purposes of ORS chapter 475A, and shall give
rise to civil in rem forfeiture as provided in ORS chapter 475A. A judgment
providing for forfeiture may direct that the machine be destroyed.
(4) It is a defense to a charge of
possession of a gray machine if the machine that caused the charge to be
brought was manufactured prior to 1958 and was not operated for purposes of
unlawful gambling. [1991 c.962 §5; 1999 c.59 §33]
167.165 [Repealed by 1963 c.340 §1 (167.170 enacted
in lieu of 167.165)]
167.166 Removal of unauthorized video
lottery game terminal. On and after December 1, 1991, any video lottery game
terminal that is not authorized by the Oregon State Lottery Commission must be
removed from the State of
Note: 167.166 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 167 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
167.167
Cheating. (1) A person
commits the crime of cheating if the person, while in the course of
participating or attempting to participate in any legal or illegal gambling
activity, directly or indirectly:
(a) Employs or attempts to employ any
device, scheme or artifice to defraud any other participant or any operator;
(b) Engages in any act, practice or course
of operation that operates or would operate as a fraud or deceit upon any other
participant or any operator;
(c) Engages in any act, practice or course
of operation with the intent of cheating any other participant or the operator
to gain an advantage in the game over the other participant or operator; or
(d) Causes, aids, abets or conspires with
another person to cause any other person to violate paragraphs (a) to (c) of
this subsection.
(2) As used in this section, deceit, defraud
and fraud are not limited to common law deceit or fraud.
(3) Cheating is a Class C felony. [1997
c.867 §20]
167.170 [1963 c.340 §2 (enacted in lieu of 167.165);
repealed by 1971 c.743 §432]
OFFENSES
INVOLVING CONTROLLED SUBSTANCES
167.202 [1971 c.743 §273; 1974 s.s. c.67 §1;
repealed by 1977 c.745 §3 (167.203 enacted in lieu of 167.202)]
167.203
Definitions for ORS 167.212 to 167.252. As used in ORS 167.212 to 167.252, unless the context requires
otherwise:
(1) Apothecary means a pharmacist, as
defined by ORS 689.005, and where the context so requires, the owner of a store
or other place of business where controlled substances are compounded or
dispensed by a licensed pharmacist.
(2) Controlled substance and manufacture
have the meaning given those terms by ORS 475.005.
(3) Official written order means an
order written on a form provided for that purpose by the United States
Commissioner of Internal Revenue, under any laws of the United States making
provision therefor, if such order form is not provided, then on an official
form provided for that purpose by the State Board of Pharmacy.
(4) Practitioner has the meaning given
that term by ORS 475.005.
(5) Wholesaler means a person who
supplies controlled substances that the wholesaler has not produced or
prepared, on official written orders, but not on prescriptions.
(6) Unlawfully means in violation of any
provision of ORS 475.005 to 475.285 and 475.840 to 475.980. [1977 c.745 §33
(enacted in lieu of 167.202); 1979 c.777 §44; 1995 c.440 §14]
167.205 [Amended by 1961 c.333 §1; repealed by 1971
c.743 §432]
167.207 [1971 c.743 §274; 1973 c.680 §1; 1974 c.67 §2;
repealed by 1977 c.745 §54]
167.210 [Repealed by 1971 c.743 §432]
167.212
Tampering with drug records.
(1) A person commits the crime of tampering with drug records if the person
knowingly:
(a) Alters, defaces or removes a
controlled substance label affixed by a manufacturer, wholesaler or apothecary,
except that it shall not be unlawful for an apothecary to remove or deface such
a label for the purpose of filling prescriptions;
(b) Affixes a false or forged label to a
package or receptacle containing controlled substances;
(c) Makes or utters a false or forged
prescription or false or forged official written order for controlled
substances; or
(d) Makes a false statement in any
controlled substance prescription, order, report or record required by ORS
475.005 to 475.285 and 475.840 to 475.980.
(2) Tampering with drug records is a Class
C felony. [1971 c.743 §275; 1977 c.745 §34; 1995 c.440 §15]
167.215 [Repealed by 1971 c.743 §432]
167.217 [1971 c.743 §276; 1973 c.680 §2; 1974 c.67 §3;
repealed by 1977 c.745 §54]
167.220 [Amended by 1957 c.403 §8; 1961 c.261 §2;
repealed by 1971 c.743 §432]
167.222
Frequenting a place where controlled substances are used. (1) A person commits the offense of
frequenting a place where controlled substances are used if the person keeps,
maintains, frequents, or remains at a place, while knowingly permitting persons
to use controlled substances in such place or to keep or sell them in violation
of ORS 475.005 to 475.285 and 475.840 to 475.980.
(2) Frequenting a place where controlled
substances are used is a Class A misdemeanor.
(3) Notwithstanding subsection (2) of this
section, if the conviction is for knowingly maintaining, frequenting or
remaining at a place where less than one avoirdupois ounce of the dried leaves,
stems, and flowers of the plant Cannabis family Moraceae is found at the time
of the offense under this section, frequenting a place where controlled
substances are used is a Class D violation.
(4) As used in this section, frequents
means repeatedly or habitually visits, goes to or resorts to. [1971 c.743 §277;
1974 c.43 §1; 1977 c.745 §35; 1979 c.641 §1; 1991 c.67 §41; 1993 c.469 §3; 1995
c.440 §16; 1999 c.1051 §160]
167.225 [Repealed by 1971 c.743 §432]
167.227 [1969 c.655 §2; repealed by 1971 c.743 §432]
167.228 [1971 c.743 §278; repealed by 1977 c.745 §54]
167.230 [Repealed by 1971 c.743 §432]
167.232 [1971 c.743 §278a; repealed by 1977 c.745 §54]
167.235 [Amended by 1967 c.527 §1; repealed by 1971
c.743 §432]
167.237 [1967 c.527 §2; repealed by 1971 c.743 §432]
167.238
Prima facie evidence permitted in prosecutions of drug offenses. (1) Proof of unlawful manufacture,
cultivation, transportation or possession of a controlled substance is prima
facie evidence of knowledge of its character.
(2) Proof of possession of a controlled
substance not in the container in which it was originally delivered, sold or
dispensed, when a prescription or order of a practitioner is required under the
provisions of ORS 475.005 to 475.285 and 475.840 to 475.980, is prima facie evidence
that the possession is unlawful unless the possessor also has in possession a
label prepared by the pharmacist for the drug dispensed or the possessor is
authorized by ORS 475.005 to 475.285 and 475.840 to 475.980 to possess the
controlled substance. [1971 c.743 §279; 1977 c.745 §36; 1995 c.440 §17]
167.240 [Repealed by 1971 c.743 §432]
167.242 [1971 c.743 §280; 1977 c.745 §37; 1995 c.440
§18; repealed by 1997 c.592 §6 (167.243 enacted in lieu of 167.242)]
167.243
Exemption contained in drug laws as defense to drug offenses. In any prosecution under ORS 167.212 and
167.222, any exception, excuse, proviso or exemption contained in ORS 475.005
to 475.285 and 475.840 to 475.980 shall be an affirmative defense. [1989 c.791 §16;
1995 c.440 §19; enacted in lieu of 167.242 in 1997]
167.245 [Amended by 1955 c.504 §1; 1959 c.322 §1;
repealed by 1971 c.743 §432]
167.247 [1971 c.743 §281; 1977 c.745 §38; 1995 c.440
§20; repealed by 1997 c.592 §6 (167.248 enacted in lieu of 167.247)]
167.248
Search and seizure of conveyance in which drugs unlawfully transported or
possessed. A district
attorney or peace officer charged with the enforcement of ORS 167.212 and
167.222, having personal knowledge or reasonable information that controlled
substances are being unlawfully transported or possessed in any boat, vehicle
or other conveyance, may search the same without warrant and without an
affidavit being filed. If controlled substances are found in or upon such
conveyance, the district attorney or peace officer may seize them, arrest any
person in charge of the conveyance and as soon as possible take the arrested
person and the seized controlled substances before any court in the county in
which the seizure is made. The district attorney or peace officer shall also,
without delay, make and file a complaint for any crime justified by the
evidence obtained. [1989 c.791 §17; enacted in lieu of 167.247 in 1997]
167.250 [Amended by 1959 c.322 §2; repealed by 1971
c.743 §432]
167.252
Acquittal or conviction under federal law as precluding state prosecution. No person shall be prosecuted under ORS
167.203 to 167.222 if the person has been acquitted or convicted under the
federal narcotic laws of the same act or omission which it is alleged
constitutes a violation of ORS 167.203 to 167.222. [1971 c.743 §282]
167.255 [Repealed by 1959 c.322 §3]
167.260 [Repealed by 1959 c.322 §3]
167.262
Adult using minor in commission of controlled substance offense. (1) It is unlawful for an adult to knowingly
use as an aider or abettor or to knowingly solicit, force, compel, coerce or
employ a minor, with or without compensation to the minor:
(a) To manufacture a controlled substance;
or
(b) To transport, carry, sell, give away,
prepare for sale or otherwise distribute a controlled substance.
(2)(a) Except as otherwise provided in
paragraph (b) of this subsection, violation of this section is a Class A
felony.
(b) Violation of this section is a Class A
misdemeanor if the violation involves delivery for no consideration of less
than five grams of marijuana. [1991 c.834 §1]
Note: 167.262 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 167 by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
167.265 [Repealed by 1959 c.322 §3]
167.270 [Repealed by 1959 c.322 §3]
167.275 [Repealed by 1959 c.322 §3]
167.280 [Repealed by 1959 c.322 §3]
167.285 [Repealed by 1959 c.322 §3]
167.290 [Repealed by 1959 c.322 §3]
167.295 [Amended by 1963 c.314 §1; repealed by 1971
c.743 §432]
167.300 [Repealed by 1971 c.743 §432]
OFFENSES
AGAINST ANIMALS
167.310
Definitions for ORS 167.310 to 167.351. As used in ORS 167.310 to 167.351:
(1) Animal means any nonhuman mammal,
bird, reptile, amphibian or fish.
(2) Domestic animal means an animal,
other than livestock, that is owned or possessed by a person.
(3) Good animal husbandry includes, but
is not limited to, the dehorning of cattle, the docking of horses, sheep or
swine, and the castration or neutering of livestock, according to accepted
practices of veterinary medicine or animal husbandry.
(4) Law enforcement animal means a dog
or horse used in law enforcement work under the control of a corrections
officer, parole and probation officer, police officer or youth correction
officer, as those terms are defined in ORS 181.610, who has successfully
completed at least 360 hours of training in the care and use of a law
enforcement animal, or who has passed the demonstration of minimum standards established
by the Oregon Police Canine Association or other accredited and recognized
animal handling organization.
(5) Livestock has the meaning provided
in ORS 609.125.
(6) Minimum care means care sufficient
to preserve the health and well-being of an animal and, except for emergencies
or circumstances beyond the reasonable control of the owner, includes, but is
not limited to, the following requirements:
(a) Food of sufficient quantity and
quality to allow for normal growth or maintenance of body weight.
(b) Open or adequate access to potable
water in sufficient quantity to satisfy the animals needs. Access to snow or
ice is not adequate access to potable water.
(c) For a domestic animal other than a dog
engaged in herding or protecting livestock, access to a barn, dog house or
other enclosed structure sufficient to protect the animal from wind, rain, snow
or sun and that has adequate bedding to protect against cold and dampness.
(d) Veterinary care deemed necessary by a
reasonably prudent person to relieve distress from injury, neglect or disease.
(e) For a domestic animal, continuous
access to an area:
(A) With adequate space for exercise
necessary for the health of the animal;
(B) With air temperature suitable for the
animal; and
(C) Kept reasonably clean and free from
excess waste or other contaminants that could affect the animals health.
(f) For a livestock animal that cannot
walk or stand without assistance:
(A) Humane euthanasia; or
(B) The provision of immediate and ongoing
care to restore the animal to an ambulatory state.
(7) Physical injury means physical
trauma, impairment of physical condition or substantial pain.
(8) Physical trauma means fractures,
cuts, punctures, bruises, burns or other wounds.
(9) Possess has the meaning provided in
ORS 161.015.
(10) Serious physical injury means
physical injury that creates a substantial risk of death or that causes
protracted disfigurement, protracted impairment of health or protracted loss or
impairment of the function of a limb or bodily organ. [1985 c.662 §1; 1995
c.663 §3; 1999 c.756 §13; 2001 c.926 §7; 2003 c.543 §6; 2003 c.549 §1; 2005
c.264 §18]
167.312
Research and animal interference. (1) A person commits the crime of research and animal interference if
the person:
(a) With the intent to interfere with
research, releases, steals or otherwise causes the death, injury or loss of any
animal at or from an animal research facility.
(b) With the intent to interfere with
research, damages, vandalizes or steals any property in or on an animal
research facility.
(c) With the intent to interfere with
research, obtains access to an animal research facility to perform acts not
authorized by that facility.
(d) Obtains or exerts unauthorized control
over records, data, materials, equipment or animals of any animal research
facility with the intent to interfere with research by concealing, abandoning
or destroying such records, data, materials, equipment or animals.
(e) With the intent to interfere with
research, possesses or uses equipment or animals that the person reasonably
believes have been obtained by theft or deception from an animal research
facility or without the authorization of an animal research facility.
(2) For the purposes of this section, animal
research facility means any facility engaging in legal scientific research or
teaching involving the use of animals.
(3) Research and animal interference is a:
(a) Class C felony if damage to the animal
research facility is $2,500 or more; or
(b) Class A misdemeanor if there is no
damage to the facility or if damage to the animal research facility is less
than $2,500.
(4) Determination of damages to an animal
research facility shall be made by the court. In making its determination, the
court shall consider the reasonable costs of:
(a) Replacing lost, injured or destroyed
animals;
(b) Restoring the animal research facility
to the approximate condition of the facility before the damage occurred; and
(c) Replacing damaged or missing records,
data, material or equipment.
(5) In addition to any other penalty
imposed for violation of this section, a person convicted of such violation is
liable:
(a) To the owner of the animal for
damages, including the costs of restoring the animal to confinement and to its
health condition prior to commission of the acts constituting the violation;
(b) For damages to real and personal
property caused by acts constituting the violation; and
(c) For the costs of repeating an
experiment, including the replacement of the animals, labor and materials, if
acts constituting the violation cause the failure of an experiment. [1991 c.843
§2; 2001 c.147 §2; 2001 c.554 §1]
167.315
Animal abuse in the second degree. (1) A person commits the crime of animal abuse in the second degree
if, except as otherwise authorized by law, the person intentionally, knowingly
or recklessly causes physical injury to an animal.
(2) Any practice of good animal husbandry
is not a violation of this section.
(3) Animal abuse in the second degree is a
Class B misdemeanor. [1985 c.662 §2]
167.320
Animal abuse in the first degree. (1) A person commits the crime of animal abuse in the first degree if,
except as otherwise authorized by law, the person intentionally, knowingly or
recklessly:
(a) Causes serious physical injury to an
animal; or
(b) Cruelly causes the death of an animal.
(2) Any practice of good animal husbandry
is not a violation of this section.
(3) Animal abuse in the first degree is a
Class A misdemeanor.
(4) Notwithstanding subsection (3) of this
section, animal abuse in the first degree is a Class C felony if:
(a) The person committing the animal abuse
has previously been convicted of two or more of the following offenses:
(A) Any offense under ORS 163.160,
163.165, 163.175, 163.185 or 163.187 or the equivalent laws of another
jurisdiction, if the offense involved domestic violence as defined in ORS
135.230 or the offense was committed against a minor child; or
(B) Any offense under this section or ORS
167.322, or the equivalent laws of another jurisdiction; or
(b) The person knowingly commits the
animal abuse in the immediate presence of a minor child. For purposes of this
paragraph, a minor child is in the immediate presence of animal abuse if the
abuse is seen or directly perceived in any other manner by the minor child. [1985
c.662 §3; 2001 c.926 §8; 2003 c.577 §8]
167.322
Aggravated animal abuse in the first degree. (1) A person commits the crime of aggravated animal abuse in the first
degree if the person:
(a) Maliciously kills an animal; or
(b) Intentionally or knowingly tortures an
animal.
(2) Aggravated animal abuse in the first
degree is a Class C felony.
(3) As used in this section:
(a) Maliciously means intentionally
acting with a depravity of mind and reckless and wanton disregard of life.
(b) Torture means an action taken for
the primary purpose of inflicting pain. [1995 c.663 §2; 2001 c.926 §9]
167.325
Animal neglect in the second degree. (1) A person commits the crime of animal neglect in the second degree
if, except as otherwise authorized by law, the person intentionally, knowingly,
recklessly or with criminal negligence fails to provide minimum care for an
animal in such persons custody or control.
(2) Animal neglect in the second degree is
a Class B misdemeanor. [1985 c.662 §4]
167.330
Animal neglect in the first degree. (1) A person commits the crime of animal neglect in the first degree
if, except as otherwise authorized by law, the person intentionally, knowingly,
recklessly or with criminal negligence fails to provide minimum care for an
animal in the persons custody or control and the failure to provide care
results in serious physical injury or death to the animal.
(2) Animal neglect in the first degree is
a Class A misdemeanor. [1985 c.662 §5; 2001 c.926 §10]
167.332
Prohibition against possession of domestic animal. (1) In addition to any other penalty imposed
by law, a person convicted of violating ORS 167.315, 167.325, 167.330 or
167.340 or of a misdemeanor under ORS 167.320, may not possess a domestic
animal for a period of five years following entry of the conviction. An offense
under this subsection is an unclassified misdemeanor punishable by a fine not
exceeding $1,000 and forfeiture of the animal as provided in ORS 167.350.
(2) In addition to any other penalty
imposed by law, a person convicted of violating ORS 167.322 or of a felony
under ORS 167.320, may not possess a domestic animal for a period of 15 years
following entry of the conviction. An offense under this subsection is an
unclassified misdemeanor punishable by a fine not exceeding $5,000 and
forfeiture of the animal as provided under ORS 167.350. [2001 c.926 §3]
167.333
Sexual assault of animal.
(1) A person commits the crime of sexual assault of an animal if the person:
(a) Touches or contacts, or causes an
object or another person to touch or contact, the mouth, anus or sex organs of
an animal or animal carcass for the purpose of arousing or gratifying the
sexual desire of a person; or
(b) Causes an animal or animal carcass to
touch or contact the mouth, anus or sex organs of a person for the purpose of
arousing or gratifying the sexual desire of a person.
(2) Subsection (1) of this section does
not apply to the use of products derived from animals.
(3) Sexual assault of an animal is a Class
A misdemeanor. [2001 c.926 §5b; 2003 c.428 §1]
167.334
Evaluation of person convicted of violating ORS 167.333. Upon the conviction of a defendant for
violation of ORS 167.333, the court may order a psychiatric or psychological
evaluation of the defendant for inclusion in the presentence report as
described in ORS 137.077. [2001 c.926 §5c]
Note: 167.334 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 167 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
167.335
Exemption from ORS 167.315 to 167.333. Unless gross negligence can be shown, the provisions of ORS 167.315 to
167.333 do not apply to:
(1) The treatment of livestock being transported
by owner or common carrier;
(2) Animals involved in rodeos or similar
exhibitions;
(3) Commercially grown poultry;
(4) Animals subject to good animal
husbandry practices;
(5) The killing of livestock according to
the provisions of ORS 603.065;
(6) Animals subject to good veterinary
practices as described in ORS 686.030;
(7) Lawful fishing, hunting and trapping
activities;
(8) Wildlife management practices under
color of law;
(9) Lawful scientific or agricultural
research or teaching that involves the use of animals;
(10) Reasonable activities undertaken in
connection with the control of vermin or pests; and
(11) Reasonable handling and training
techniques. [1985 c.662 §6; 1995 c.663 §4; 2001 c.926 §10a]
167.337
Interfering with law enforcement animal. (1) A person commits the crime of interfering with a law enforcement
animal if the person intentionally or knowingly injures or attempts to injure
an animal the person knows or reasonably should know is a law enforcement
animal while the law enforcement animal is being used in the lawful discharge
of its duty.
(2) Interfering with a law enforcement
animal is a Class A misdemeanor. [Formerly 164.369]
167.339
Assaulting law enforcement animal. (1) A person commits the crime of assaulting a law enforcement animal
if:
(a) The person knowingly causes serious
physical injury to or the death of a law enforcement animal, knowing that the
animal is a law enforcement animal; and
(b) The injury or death occurs while the
law enforcement animal is being used in the lawful discharge of the animals
duties.
(2) Assaulting a law enforcement animal is
a Class C felony. [2003 c.543 §3]
167.340
Animal abandonment. (1) A
person commits the crime of animal abandonment if the person intentionally,
knowingly, recklessly or with criminal negligence leaves a domestic animal at a
location without providing for the animals continued care.
(2) It is no defense to the crime defined
in subsection (1) of this section that the defendant abandoned the animal at or
near an animal shelter, veterinary clinic or other place of shelter if the
defendant did not make reasonable arrangements for the care of the animal.
(3) Animal abandonment is a Class B
misdemeanor. [1985 c.662 §8; 2001 c.926 §11]
167.345
Authority to enter premises; search warrant; notice of impoundment of animal;
damage resulting from entry.
(1) As used in this section, peace officer has the meaning given that term in
ORS 161.015.
(2) If there is probable cause to believe
that any animal is being subjected to treatment in violation of ORS 167.315 to
167.333 or 167.340, a peace officer, after obtaining a search warrant or in any
other manner authorized by law, may enter the premises where the animal is
located to provide the animal with food, water and emergency medical treatment
and may impound the animal. If after reasonable effort the owner or person
having custody of the animal cannot be found and notified of the impoundment,
the notice shall be conspicuously posted on the premises and within 72 hours
after the impoundment the notice shall be sent by certified mail to the
address, if any, where the animal was impounded.
(3) A peace officer is not liable for any
damages for an entry under subsection (2) of this section, unless the damages
were caused by the unnecessary actions of the peace officer that were
intentional or reckless.
(4) A court may order an animal impounded
under subsection (2) of this section to be held at any animal care facility in
the state. A facility receiving the animal shall provide adequate food and
water and may provide veterinary care. [Formerly 167.860; 1993 c.519 §1; 1995
c.663 §5; 2001 c.926 §12]
167.347
Forfeiture of animal to animal care agency prior to disposition of criminal
charge. (1) If any animal is
impounded pursuant to ORS 167.345 and is being held by a county animal shelter
or other animal care agency pending outcome of criminal action charging a
violation of ORS 167.315 to 167.333 or 167.340, prior to final disposition of
the criminal charge, the county or other animal care agency may file a petition
in the criminal action requesting that the court issue an order forfeiting the
animal to the county or other animal care agency prior to final disposition of
the criminal charge. The petitioner shall serve a true copy of the petition
upon the defendant and the district attorney.
(2) Upon receipt of a petition pursuant to
subsection (1) of this section, the court shall set a hearing on the petition.
The hearing shall be conducted within 14 days after the filing of the petition,
or as soon as practicable.
(3)(a) At a hearing conducted pursuant to
subsection (2) of this section, the petitioner shall have the burden of
establishing probable cause to believe that the animal was subjected to a
violation of ORS 167.315 to 167.333 or 167.340. If the court finds that
probable cause exists, the court shall order immediate forfeiture of the animal
to the petitioner, unless the defendant, within 72 hours of the hearing, posts
a security deposit or bond with the court clerk in an amount determined by the
court to be sufficient to repay all reasonable costs incurred, and anticipated
to be incurred, by the petitioner in caring for the animal from the date of
initial impoundment to the date of trial.
(b) Notwithstanding paragraph (a) of this
subsection, a court may waive for good cause shown the requirement that the
defendant post a security deposit or bond.
(4) If a security deposit or bond has been
posted in accordance with subsection (3) of this section, and the trial in the
action is continued at a later date, any order of continuance shall require the
defendant to post an additional security deposit or bond in an amount
determined by the court that shall be sufficient to repay all additional
reasonable costs anticipated to be incurred by the petitioner in caring for the
animal until the new date of trial.
(5) If a security deposit or bond has been
posted in accordance with subsection (4) of this section, the petitioner may
draw from that security deposit or bond the actual reasonable costs incurred by
the petitioner in caring for the impounded animal from the date of initial
impoundment to the date of final disposition of the animal in the criminal
action.
(6) The provisions of this section are in
addition to, and not in lieu of, the provisions of ORS 167.350. [1995 c.369 §2;
2001 c.926 §13]
167.348
Placement of forfeited animal; preference. If an animal is forfeited according to the provisions of ORS 167.347
or 167.350, in placing the animal with a new owner, the agency to which the
animal was forfeited shall give placement preference to any person or persons
who had prior contact with the animal, including but not limited to family
members and friends of the former owner whom the agency determines are capable
of providing necessary, adequate and appropriate levels of care for the animal.
[1995 c.369 §3]
167.350
Forfeiture of rights in mistreated animal; costs; disposition of animal. (1) In addition to and not in lieu of any
other sentence it may impose, a court may require a defendant convicted under
ORS 167.315 to 167.333 or 167.340 to forfeit any rights of the defendant in the
animal subjected to the violation, and to repay the reasonable costs incurred
by any person or agency prior to judgment in caring for each animal subjected
to the violation.
(2) When the court orders the defendants
rights in the animal to be forfeited, the court may further order that those
rights be given over to an appropriate person or agency demonstrating a
willingness to accept and care for the animal or to the county or an
appropriate animal care agency for further disposition in accordance with
accepted practices for humane treatment of animals. This subsection does not
limit the right of the person or agency to whom rights are granted to resell or
otherwise make disposition of the animal. A transfer of rights under this
subsection constitutes a transfer of ownership.
(3) In addition to and not in lieu of any
other sentence it may impose, a court may order the owner or person having
custody of an animal to repay the reasonable costs incurred by any person or
agency in providing minimum care to the animal.
(4) A court may order a person convicted
under ORS 167.315 to 167.333 or 167.340 to participate in available animal
cruelty prevention programs or education programs, or both, or to obtain
psychological counseling for treatment of mental health disorders that, in the
courts judgment, contributed to the commission of the crime. The person shall
bear any costs incurred by the person for participation in counseling or
treatment programs under this subsection.
(5) ORS 131.550 to 131.600 do not apply to
the forfeiture of an animal subjected to a violation of ORS 167.315 to 167.333
or 167.340. Any such animal is subject to forfeiture as provided in subsections
(1) to (3) of this section. [Formerly 167.862; 1993 c.519 §2; 1995 c.663 §6;
2001 c.666 §29; 2001 c.926 §§14a,14b; 2005 c.830 §28]
167.351
Trading in nonambulatory livestock. (1) As used in this section:
(a) Nonambulatory means unable to stand
or walk unassisted.
(b) Livestock auction market has the
meaning given that term in ORS 599.205.
(2) A person commits the crime of trading
in nonambulatory livestock if the person knowingly delivers or accepts delivery
of a nonambulatory livestock animal at a livestock auction market. This
subsection does not apply to the delivery to, or acceptance by, a licensed
veterinarian at a livestock auction market for the purpose of humanely
euthanizing or providing appropriate medical care to the animal.
(3) The crime of trading in nonambulatory
livestock is a Class A misdemeanor. [2003 c.287 §2]
167.352
Interfering with assistance, search and rescue or therapy animal. (1) A person commits the crime of
interfering with an assistance, a search and rescue or a therapy animal if the
person intentionally or knowingly:
(a) Injures or attempts to injure an
animal the person knows or reasonably should know is an assistance animal, a
search and rescue animal or a therapy animal;
(b) Interferes with an assistance animal
while the assistance animal is being used to provide assistance to a person
with a physical impairment; or
(c) Interferes with a search and rescue
animal or a therapy animal while the animal is being used for search and rescue
or therapy purposes.
(2) As used in this section, assistance
animal and person with a physical impairment have the meanings given those
terms in ORS 346.680.
(3) As used in this section and ORS
30.822:
(a) Search and rescue animal means that
the animal has been professionally trained for, and is actively used for,
search and rescue purposes.
(b) Therapy animal means that the animal
has been professionally trained for, and is actively used for, therapy
purposes.
(4) Interfering with an assistance, a
search and rescue or a therapy animal is a Class A misdemeanor. [1993 c.312 §3;
2007 c.70 §37]
Note: 167.352 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 167 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
167.355
Involvement in animal fighting.
(1) A person commits the crime of involvement in animal fighting if the person:
(a) Owns or trains an animal with the
intention that the animal engage in an exhibition of fighting;
(b) Promotes, conducts, participates in or
is present as a spectator at an exhibition of fighting or preparations thereto;
(c) Keeps or uses, or in any way is
connected with or interested in the management of, or receives money for the
admission of any person to any place kept or used for the purpose of an
exhibition of fighting; or
(d) Knowingly suffers or permits any place
over which the person has possession or control to be occupied, kept or used
for the purpose of an exhibition of fighting.
(2) For purposes of this section:
(a) Animal means any bird, reptile,
amphibian, fish or nonhuman mammal, other than a dog or a fighting bird as
defined in ORS 167.426.
(b) Exhibition of fighting means a
public or private display of combat between two or more animals in which the
fighting, killing, maiming or injuring of animals is a significant feature. Exhibition
of fighting does not include demonstrations of the hunting or tracking skills
of an animal or the lawful use of animals for hunting, tracking or
self-protection.
(3) Involvement in animal fighting is a
Class A misdemeanor. [Formerly 167.865; 1987 c.249 §6; 2003 c.484 §9]
167.360
Definitions for ORS 167.360 to 167.375. As used in ORS 167.360 to 167.375:
(1) Breaking stick means a device
designed for insertion behind the molars of a dog for the purpose of breaking
the dogs grip on another animal or object.
(2) Cat mill means a device that rotates
around a central support with one arm designed to secure a dog and one arm
designed to secure a cat, rabbit or other small animal beyond the grasp of the
dog.
(3) Dogfight means a fight, arranged by
any person, between two or more dogs the purpose or probable result of which
fight is the infliction of injury by one dog upon another.
(4) Dogfighting paraphernalia means a
breaking stick, cat mill, springpole, weighted or unweighted chain collar
weighing 10 pounds or more, leather or mesh collar with a strap more than two
inches in width, fighting pit or unprescribed veterinary medicine that is a
prescription drug as defined in ORS 689.005.
(5) Fighting dog means a dog that is
intentionally bred or trained to be used in, or that is actually used in, a
dogfight. A dog does not constitute a fighting dog solely on account of its
breed.
(6) Fighting pit means a walled area
designed to contain a dogfight.
(7) Springpole means a biting surface
attached to a stretchable device, suspended at a height sufficient to prevent a
dog from reaching the biting surface while touching the ground. [1987 c.249 §1;
2005 c.467 §1]
Note: 167.360 to 167.375 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
167 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
167.365
Dogfighting. (1) A person
commits the crime of dogfighting if the person knowingly does any of the
following:
(a) Owns, possesses, keeps, breeds,
trains, buys, sells or offers to sell a fighting dog, including but not limited
to any advertisement by the person to sell such a dog.
(b) Promotes, conducts or participates in,
or performs any service in the furtherance of, an exhibition of dogfighting,
including but not limited to refereeing of a dogfight, handling of dogs at a
dogfight, transportation of spectators to a dogfight, organizing a dogfight,
advertising a dogfight, providing or serving as a stakes holder for any money
wagered on a fight.
(c) Keeps, uses or manages, or accepts
payment of admission to, any place kept or used for the purpose of dogfighting.
(d) Suffers or permits any place over
which the person has possession or control to be occupied, kept or used for the
purpose of an exhibition of dogfighting.
(2) Dogfighting is a Class C felony. [1987
c.249 §2]
Note: See note under 167.360.
167.370
Participation in dogfighting.
(1) A person commits the crime of participation in dogfighting if the person
knowingly:
(a) Attends or has paid admission at any
place for the purpose of viewing or betting upon a dogfight.
(b) Advertises or otherwise offers to sell
equipment for the training and handling of a fighting dog.
(2) Participation in dogfighting is a
Class A misdemeanor. [1987 c.249 §3]
Note: See note under 167.360.
167.372
Possessing dogfighting paraphernalia. (1) A person commits the crime of possessing dogfighting paraphernalia
if the person owns or possesses dogfighting paraphernalia with the intent that
the paraphernalia be used to train a dog as a fighting dog or be used in the
furtherance of a dogfight.
(2) Possessing dogfighting paraphernalia
is a Class A misdemeanor. [2005 c.467 §3]
Note: See note under 167.360.
167.375
Seizure of fighting dogs; procedure. (1) Pursuant to ORS 133.525 to 133.703, a judge may order the seizure
of alleged fighting dogs owned, possessed or kept by any person.
(2) The judge issuing an order for the
seizure of a dog as provided in subsection (1) of this section may require the
dog to be impounded at an animal shelter if the judge believes it to be in the
best interest of the animal and the public to so order. The governmental unit,
the agency of which executes the seizure of the dog, shall be responsible for
the costs of impoundment at the animal shelter, but the governmental unit is
entitled to receive reimbursement of those costs from the owner, possessor or
keeper of the impounded dog. If the owner, possessor or keeper of the dog is
subsequently convicted of dogfighting under ORS 167.365, the court may order
the defendant to pay the costs of animal shelter as restitution in the case.
(3) In lieu of ordering such dogs seized
under subsection (1) of this section to be impounded at an animal shelter, the
court may order the dogs impounded on the property of their owner, possessor or
keeper. If dogs are ordered impounded on the property of their owner, possessor
or keeper, the court shall order such person to provide all necessary care for
the dogs and to allow regular and continuing inspection of the dogs by any
persons designated by the court, or the agents of such persons. The court shall
further order the person not to sell or otherwise dispose of any of the dogs
unless the court authorizes such sale or disposition, or until the seized dogs
are released as evidence by the law enforcement agency that seized them, or
restored to the person by the court pursuant to an order under ORS 133.643. [1987
c.249 §4]
Note: See note under 167.360.
167.379 [2001 c.666 §54; repealed by 2005 c.830 §48]
167.380 [1987 c.249 §5; repealed by 2001 c.666 §56]
167.385
Unauthorized use of livestock animal. (1) A person commits the crime of unauthorized use of a livestock
animal when the person knowingly:
(a) Takes, appropriates, obtains or
withholds a livestock animal from the owner thereof or derives benefit from a
livestock animal without the consent of the owner of the animal; or
(b) Takes or holds a livestock animal and
thereby obtains the use of the animal to breed, bear or raise offspring without
the consent of the owner of the animal.
(2) Except as otherwise provided by law,
offspring born to a female livestock animal or hatched from the egg of a female
livestock animal belong to the owner of the female livestock animal until the
owner transfers ownership of the offspring.
(3) As used in this section, livestock
animal has the same meaning given that term in ORS 164.055.
(4) Unauthorized use of a livestock animal
is a Class A misdemeanor.
(5) In addition to any criminal sanctions,
if a defendant is convicted of the crime of unauthorized use of a livestock
animal under this section, the court shall order the defendant to pay
restitution to the owner of the animal. [1993 c.252 §1]
Note: 167.385 to 167.388 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
167 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
167.387
Definitions for ORS 167.387 and 167.388. As used in this section and ORS 167.388:
(1) Livestock has the meaning given in
ORS 609.125.
(2) Livestock production facility means:
(a) Any facility or organization engaged
in animal breeding, production or processing; or
(b) Any facility or institution whose
primary purpose is to impound estray animals, as that term is defined in ORS
607.007. [1993 c.252 §4; 1999 c.756 §14]
Note: See note under 167.385.
167.388
Interference with livestock production. (1) A person commits the crime of interference with livestock
production when the person, with the intent to interfere with livestock
production:
(a) Takes, appropriates, obtains or
withholds livestock from the owner thereof, or causes the loss, death or injury
of any livestock maintained at a livestock production facility;
(b) Damages, vandalizes or steals any
property located on a livestock production facility; or
(c) Obtains access to a livestock
production facility to perform any act contained in this subsection or any
other act not authorized by the livestock production facility.
(2) The crime of interference with
livestock production is:
(a) A Class C felony if damage to the
livestock production facility is $2,500 or more; or
(b) A Class A misdemeanor if there is no
damage to the livestock production facility or if damage to the facility is
less than $2,500.
(3) Determination of damages to a
livestock production facility shall be made by the court. In making its
determination, the court shall consider the reasonable costs of:
(a) Replacing lost, injured or destroyed
livestock;
(b) Restoring the livestock production
facility to the approximate condition of the facility before the damage
occurred; and
(c) Replacing damaged or missing records,
data, material, equipment or substances used in the breeding and production of
livestock.
(4) In addition to any criminal sanctions,
if a defendant is convicted of the crime of interference with livestock
production under subsection (1) of this section, the court shall order the
defendant to pay restitution to the owner of the animal or the owner of the
livestock production facility. [1993 c.252 §§2,3; 2001 c.554 §2]
Note: See note under 167.385.
167.390
Commerce in fur of domestic cats and dogs prohibited; exception. (1) A person may not take, buy, sell, barter
or otherwise exchange for commerce in fur purposes the raw fur or products that
include the fur of a domestic cat or dog if the fur is obtained through a
process that kills or maims the cat or dog. As used in this section, domestic
cat or dog does not include coyote, fox, lynx, bobcat or any other wild or
commercially raised wild feline or wild canine species or a hybrid thereof that
is not recognized as an endangered species by the United States Fish and
Wildlife Service.
(2) Violation of subsection (1) of this
section, or any rule promulgated pursuant thereto, is a Class A misdemeanor when
the offense is committed with a culpable mental state as defined in ORS
161.085. [1999 c.995 §§1,2]
Note: 167.390 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 167 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
OFFENSES
INVOLVING TOBACCO
167.400
Tobacco possession by minors prohibited. (1) It is unlawful for any person under 18 years of age to possess
tobacco products, as defined in ORS 431.840.
(2) Any person who violates subsection (1)
of this section commits a Class D violation. [1991 c.970 §1; 1999 c.1051 §161]
Note: 167.400, 167.402 and 167.404 were enacted
into law by the Legislative Assembly but were not added to or made a part of
ORS chapter 167 by legislative action. See Preface to Oregon Revised Statutes
for further explanation.
167.401
Tobacco purchase by minors prohibited; exceptions. (1) Except as provided in subsection (4) of
this section, no person under 18 years of age shall purchase, attempt to
purchase or acquire tobacco products as defined in ORS 431.840. Except when
such minor is in a private residence accompanied by the parent or guardian of
the minor and with the consent of such parent or guardian, no person under 18
years of age shall have personal possession of tobacco products.
(2) Any person who violates subsection (1)
of this section commits a violation.
(3)(a) In lieu of any other penalty
established by law, a person who is convicted for the first time of a violation
of subsection (1) of this section may be ordered to participate in a tobacco
education program or a tobacco use cessation program or to perform community
service related to diseases associated with consumption of tobacco products. A
person may be ordered to participate in such a program only once.
(b) In addition to and not in lieu of any
other penalty established by law, a person who is convicted of a second
violation of subsection (1) of this section through misrepresentation of age
may be required to participate in a tobacco education or a tobacco use
cessation program or to perform community service related to diseases
associated with the consumption of tobacco products, and the court shall order
that the persons driving privileges and right to apply for driving privileges
be suspended for a period not to exceed one year. If a court has issued an
order denying driving privileges under this subsection, the court, upon
petition of the person, may withdraw the order at any time the court deems
appropriate. The court notification to the Department of Transportation under
this subsection may include a recommendation that the person be granted a
hardship permit under ORS 807.240 if the person is otherwise eligible for the
permit.
(4) A minor acting under the supervision
of an adult may purchase, attempt to purchase or acquire tobacco products for
the purpose of testing compliance with a federal law, state statute, local law
or retailer management policy limiting or regulating the delivery of tobacco
products to minors. [1999 c.1077 §8]
Note: 167.401 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 167 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
167.402
Locating tobacco vending machines where minors have access prohibited. (1) No person having authority over such
placement shall locate a vending machine from which tobacco products, as
defined in ORS 431.840, in any form are dispensed in any place legally
accessible to persons under 18 years of age except taverns and cocktail
lounges, industrial plants, as defined in ORS 308.408, hotels and motels.
(2) Violation of subsection (1) of this
section is a Class B violation. Each day of violation constitutes a separate
offense. [1991 c.970 §2; 1999 c.1051 §162]
Note: See note under 167.400.
167.404
Limitation on right of city or county to regulate tobacco vending machines. Cities and counties by ordinance or
resolution shall not regulate vending machines that dispense tobacco products,
as defined in ORS 431.840, in any form and that are in any manner accessible to
minors. [1991 c.970 §3]
Note: See note under 167.400.
167.405 [Repealed by 1971 c.743 §432]
167.407
Locating tobacco products where customers can access without store employee
prohibited. (1) A person
having authority over the location of cigarettes and other tobacco products in
a retail store may not locate cigarettes or other tobacco products in a
location in the store where the cigarettes or other tobacco products are
accessible by store customers without assistance by a store employee.
(2) Violation of subsection (1) of this
section is a Class B violation. Each day of violation constitutes a separate
offense.
(3) Subsections (1) and (2) of this
section do not apply if the location at which the cigarettes or tobacco
products are sold is a store or other establishment at which persons under 18
years of age are prohibited. [2003 c.804 §84]
Note: 167.407 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 167 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
167.410 [Repealed by 1971 c.743 §432]
167.415 [Repealed by 1971 c.743 §432]
167.420 [Repealed by 1971 c.743 §432]
167.425 [Repealed by 1971 c.743 §432]
OFFENSES
INVOLVING FIGHTING BIRDS
167.426
Definitions for ORS 167.426 to 167.439. As used in ORS 167.426 to 167.439:
(1) Cockfight means a fight between two
or more birds that is arranged by a person and that has the purpose or probable
result of one bird inflicting injury to another bird.
(2) Constructive possession means an
exercise of dominion and control over the location and treatment of property
without taking physical possession of the property.
(3) Fighting bird means a bird that is
intentionally reared or trained for use in, or that actually is used in, a
cockfight.
(4) Gaff means an artificial steel spur
designed for attachment to the leg of a fighting bird in replacement of the
birds natural spurs.
(5) Slasher means a steel weapon
resembling a curved knife blade designed for attachment to the foot of a
fighting bird. [2003 c.484 §1]
Note: 167.426 to 167.439 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
167 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
167.428
Cockfighting. (1) A person
commits the crime of cockfighting if the person knowingly:
(a) Owns, possesses, keeps, rears, trains,
buys, sells or advertises or otherwise offers to sell a fighting bird.
(b) Promotes or participates in, or
performs services in furtherance of, the conducting of a cockfight. As used in
this paragraph, services in furtherance includes, but is not limited to,
transporting spectators to a cockfight, handling fighting birds, organizing,
advertising or refereeing a cockfight and providing, or acting as stakeholder
for, money wagered on a cockfight.
(c) Keeps, uses or manages, or accepts
payment of admission to, a place for the conducting of a cockfight.
(d) Suffers or permits a place in the
possession or control of the person to be occupied, kept or used for the
conducting of a cockfight.
(e) Manufactures, buys, sells, barters,
exchanges, possesses, advertises or otherwise offers to sell a gaff, slasher or
other sharp implement designed for attachment to a fighting bird with the
intent that the gaff, slasher or other sharp implement be used in cockfighting.
(2) Subsection (1)(a) of this section does
not apply to the owning, possessing, keeping, rearing, buying, selling,
advertising or otherwise offering for sale of a bird for purposes other than
training the bird as a fighting bird, using or intending to use the bird in
cockfighting or supplying the bird knowing that the bird is intended to be used
in cockfighting.
(3) Cockfighting is a Class C felony. [2003
c.484 §2]
Note: See note under 167.426.
167.430 [Amended by 1961 c.648 §8; repealed by 1971
c.743 §432]
167.431
Participation in cockfighting.
(1) A person commits the crime of participation in cockfighting if the person
knowingly:
(a) Attends a cockfight or pays admission
at any location to view or bet on a cockfight; or
(b) Manufactures, buys, sells, barters,
exchanges, possesses, advertises or otherwise offers to sell equipment with the
intent that the equipment be used in training or handling a fighting bird or
for enhancing the fighting ability of a fighting bird. This paragraph does not
apply to a gaff, slasher or other sharp implement designed for attachment to a
fighting bird.
(2) Participation in cockfighting is a
Class A misdemeanor. [2003 c.484 §3]
Note: See note under 167.426.
167.433
Seizure of fighting birds; procedure. (1) Pursuant to ORS 133.525 to 133.703, a judge may order the seizure
of an alleged fighting bird owned, possessed or kept by any person.
(2) A judge ordering the seizure of an
alleged fighting bird under subsection (1) of this section may order that the
bird be impounded on the property of the owner, possessor or keeper of the
bird. If a judge orders an alleged fighting bird impounded on the property of
the owner, possessor or keeper of the bird, the court shall order the owner,
possessor or keeper to provide all necessary care for the bird and to allow
regular and continuing inspection of the bird by a person designated by the
court, or the agent of a person designated by the court. The owner, possessor
or keeper shall pay the costs of conducting the inspections. The court shall
further order the owner, possessor or keeper not to sell or otherwise dispose
of the bird unless the court authorizes the sale or disposition, or until the
seized bird is forfeited pursuant to an order under ORS 167.435 or restored to
the person pursuant to an order under ORS 133.643. [2003 c.484 §4]
Note: See note under 167.426.
167.435
Forfeiture of rights in fighting birds or property. (1) In addition to and not in lieu of any
other penalty the court may impose upon a person convicted of cockfighting
under ORS 167.428 or participation in cockfighting under ORS 167.431, the court
shall include in the judgment an order for forfeiture to the city or county
where the crime occurred of the persons rights in any property proved to have
been used by the person as an instrumentality in the commission of the crime,
including any fighting bird. This subsection does not limit the ability of the
court to dispose of a fighting bird as provided under subsection (2) of this
section.
(2) A fighting bird is a public nuisance,
regardless of whether a person has been convicted of cockfighting or
participation in cockfighting. If a bird is ordered forfeited under subsection
(1) of this section or is proved by a preponderance of the evidence in a
forfeiture proceeding to be a fighting bird, the court shall order that the
bird be destroyed or be otherwise disposed of. Upon the conviction of the
person charged, the court shall adjudge all of the seized property of the
person to be forfeited and shall order that the property be destroyed or
otherwise disposed of. [2003 c.484 §5]
Note: See note under 167.426.
167.437
Constructive possession of fighting birds; procedure. (1) A peace officer having jurisdiction may,
upon probable cause to believe that a bird is a fighting bird, take
constructive possession of the bird on behalf of the law enforcement agency
employing the officer.
(2) A peace officer who takes constructive
possession of an alleged fighting bird pursuant to this section must do the
following:
(a) Place a tag or other device approved
by the law enforcement agency on the cage or other enclosure where the fighting
bird is located. The tag or other device must clearly state that it is unlawful
to conceal, remove or release the bird for purposes of interfering with law
enforcement agency control over the bird.
(b) Notify the owner, possessor or keeper
of the bird that the bird has been seized by the law enforcement agency and may
not be concealed, removed or released until authorized by a court or as
provided in this section.
(c) Promptly apply to an appropriate court
for an order described in ORS 167.433.
(3) If a law enforcement agency takes
constructive possession of a fighting bird under this section, the owner, possessor
or keeper of the bird shall provide all necessary care for the bird.
(4) Constructive possession of an alleged
fighting bird pursuant to this section terminates when a court order described
in ORS 167.433 is served on the owner, possessor or keeper of the bird, or
after 24 hours, whichever occurs first. [2003 c.484 §6]
Note: See note under 167.426.
167.439
Forcible recovery of fighting bird. (1) A person commits the crime of forcible recovery of a fighting bird
if the person knowingly dispossesses, or knowingly attempts to dispossess, a
law enforcement agency of constructive possession of a fighting bird.
(2) Forcible recovery of a fighting bird
is a Class C felony. [2003 c.484 §7]
Note: See note under 167.426.
OFFENSES
INVOLVING UNUSED PROPERTY MARKETS
167.500
Definitions for ORS 167.502, 167.506 and 167.508. As used in ORS 167.502, 167.506 and 167.508:
(1) Baby food or infant formula means
food manufactured, packaged and labeled specifically for sale for consumption
by a child under the age of two years.
(2) Medical device means an object or
substance that is:
(a) Required under federal law to bear the
label Caution: Federal law requires dispensing by or on the order of a
physician; or
(b) Defined by federal law as a medical
device and is intended:
(A) For use in the diagnosis of disease or
other conditions in humans or animals;
(B) For use in the cure, mitigation,
treatment or prevention of disease in humans or animals; or
(C) To affect the structure or a function
of the bodies of humans or animals without achieving any of its principal
intended purposes through metabolism or through chemical action within or on
the bodies of humans or animals.
(3) New and unused property means
tangible personal property:
(a) That was acquired by a person directly
from a producer, manufacturer, wholesaler or retailer in the ordinary course of
business and has not been used since its production or manufacture; or
(b) That was packaged when it was
originally produced or manufactured and the property is in its original and
unopened package.
(4)(a) Nonprescription drugs means drugs
that may be sold without a prescription and that, in accordance with the
requirements of the statutes and regulations of this state and the federal
government, are:
(A) Prepackaged for use by a consumer;
(B) Prepared by a manufacturer or producer
for use by a consumer; and
(C) Labeled and unadulterated.
(b) Nonprescription drugs does not
include herbal products, dietary supplements, botanical extracts or vitamins.
(5) Prior conviction means a conviction
that was entered prior to imposing sentence on the current crime, provided that
the prior conviction is based on a crime committed in a separate criminal
episode.
(6) Unused property market means an
event:
(a) Where at least two persons offer new
and unused property for sale or exchange and the person organizing or
conducting the event charges a fee upon the sale or exchange of the new and
unused property;
(b) Where at least two persons offer new
and unused property for sale or exchange and a prospective buyer must pay a fee
for admission to an area where new and unused property is offered for sale or
exchange; or
(c) Where new and unused property is
offered for sale or exchange for more than 12 days in one 12-month period. [2003
c.338 §1]
Note: 167.500, 167.502, 167.506 and 167.508 were
enacted into law by the Legislative Assembly but were not added to or made a
part of ORS chapter 167 or any series therein by legislative action. See
Preface to Oregon Revised Statutes for further explanation.
167.502
(2) A person may sell or exchange the
items listed in subsection (1) of this section if the person:
(a) Has a written authorization that
identifies the person as an authorized representative of the manufacturer or
distributor of those items; and
(b) Makes the written authorization
available for public inspection.
(3)(a) A person who violates this section
commits a Class C misdemeanor.
(b) A person who violates this section and
who has one prior conviction under this section that was entered within the
last 10 years commits a Class B misdemeanor.
(c) A person who violates this section and
who has two or more prior convictions under this section that were entered
within the last 10 years commits a Class A misdemeanor. [2003 c.338 §2]
Note: See note under 167.500.
167.505 [Amended by 1959 c.530 §3; repealed by 1971
c.743 §432]
167.506
Recordkeeping requirements.
(1) When a person purchases more than 10 items of new and unused property for
resale at an unused property market, the person shall maintain a record for two
years after the date of purchase.
(2) The record required in subsection (1)
of this section must contain:
(a) The date of the purchase of the new
and unused property;
(b) The name and address of the person
from which the new and unused property was purchased;
(c) A description and identification of
the new and unused property; and
(d) The price paid for the new and unused
property.
(3) A person shall, upon request, provide
the record described in subsection (2) of this section for the purpose of
inspection within a reasonable time.
(4)(a) A person who violates this section
commits a Class C misdemeanor.
(b) A person who violates this section and
who has one prior conviction under this section that was entered within the
last 10 years commits a Class B misdemeanor.
(c) A person who violates this section and
who has two or more prior convictions under this section that were entered
within the last 10 years commits a Class A misdemeanor. [2003 c.338 §3]
Note: See note under 167.500.
167.508
Exemptions from ORS 167.502 and 167.506. (1) ORS 167.502 and 167.506 do not apply to a person who:
(a) Sells or exchanges new and unused
property that was not produced or manufactured within the last five years as
indicated by the style of the packaging or of the material itself;
(b) Sells by sample, catalog or brochure
for future delivery; or
(c) Makes a sales presentation to a
consumer who received an individualized invitation to attend the sales
presentation prior to the sales presentation from an owner or legal occupant of
the premises where the sales presentation takes place.
(2) The recordkeeping requirements in ORS
167.506 do not apply to:
(a) A person who sells or exchanges new
and unused property at an event that is organized and operated:
(A) For the exclusive benefit of a
community chest, a fund, a foundation, an association or a corporation; and
(B) For religious, educational or
charitable purposes.
(b) A person who sells or exchanges motor
vehicles or trailers that are subject to state vehicle registration
requirements.
(c) A person who sells or exchanges new
and unused property at a gun show as defined in ORS 166.432.
(d) A person who sells or exchanges new
and unused property at a livestock auction market as defined in ORS 599.205. [2003
c.338 §4]
Note: See note under 167.500.
167.510 [Amended by 1959 c.530 §4; repealed by 1971
c.743 §432]
167.515 [Repealed by 1971 c.743 §432]
167.520 [Repealed by 1971 c.743 §432]
167.525 [Repealed by 1971 c.743 §432]
167.530 [Repealed by 1971 c.743 §432]
167.535 [Amended by 1959 c.530 §5; repealed by 1971
c.743 §432]
167.540 [Repealed by 1971 c.743 §432]
167.545 [Repealed by 1971 c.743 §432]
167.550 [Amended by 1959 c.426 §8; repealed by 1971
c.743 §432]
167.555 [Repealed by 1971 c.743 §432]
167.605 [Amended by 1963 c.201 §1; repealed by 1971
c.743 §432]
167.610 [Repealed by 1971 c.743 §432]
167.615 [Repealed by 1971 c.743 §432]
167.620 [Repealed by 1971 c.743 §432]
167.625 [Repealed by 1971 c.743 §432]
167.630 [Repealed by 1971 c.743 §432]
167.635 [Repealed by 1971 c.743 §432]
167.640 [Repealed by 1971 c.743 §432]
167.645 [Repealed by 1971 c.743 §432]
167.705 [Amended by 1959 c.503 §6; repealed by 1971
c.743 §432]
167.710 [Repealed by 1971 c.743 §432]
167.715 [Repealed by 1971 c.743 §432]
167.720 [Repealed by 1971 c.743 §432]
167.725 [Repealed by 1971 c.743 §432]
167.730 [Repealed by 1971 c.743 §432]
167.735 [Repealed by 1971 c.743 §432]
167.740 [Amended by 1965 c.370 §1; repealed by 1971
c.743 §432]
167.745 [1959 c.200 §1; repealed by 1971 c.743 §432]
MISCELLANEOUS
167.808
Unlawful possession of inhalants. (1) For the purposes of this section:
(a) Inhalant means any glue, cement or
other substance that is capable of causing intoxication and that contains one
or more of the following chemical compounds:
(A) Acetone;
(B) Amyl acetate;
(C) Benzol or benzene;
(D) Butane;
(E) Butyl acetate;
(F) Butyl alcohol;
(G) Carbon tetrachloride;
(H) Chloroform;
(I) Cyclohexanone;
(J) Difluoroethane;
(K) Ethanol or ethyl alcohol;
(L) Ethyl acetate;
(M) Hexane;
(N) Isopropanol or isopropyl alcohol;
(O) Isopropyl acetate;
(P) Methyl cellosolve acetate;
(Q) Methyl ethyl ketone;
(R) Methyl isobutyl ketone;
(S) Nitrous oxide;
(T) Toluol or toluene;
(U) Trichloroethylene;
(V) Tricresyl phosphate;
(W) Xylol or xylene; or
(X) Any other solvent, material,
substance, chemical or combination thereof having the property of releasing
toxic vapors or fumes.
(b) Intoxication means any mental or
physical impairment or incapacity.
(2) It is unlawful for a person to possess
any inhalant if the person intends to use the inhalant for the purpose of
inducing intoxication in the person who possesses the inhalant or for the
purpose of inducing intoxication in any other person.
(3) A person may not use any inhalant for
the purpose of inducing intoxication in the person using the inhalant or for
the purpose of inducing intoxication in any other person.
(4) The prohibitions of this section do
not apply to any substance that:
(a) Has been prescribed by a health
practitioner, as described in ORS 31.740, and that is used in the manner
prescribed by the health practitioner; or
(b) Is administered or used under the
supervision of a health practitioner, as described in ORS 31.740.
(5)(a) Any person who violates this
section commits a violation. Violation of this section is punishable by a fine
of not more than $300. In addition to or in lieu of a fine, a juvenile court
may require that a minor who engages in conduct prohibited by this section be
provided with treatment and counseling.
(b) Notwithstanding paragraph (a) of this
subsection, a second or subsequent violation of this section by a person is a
Class B misdemeanor. If a juvenile court finds that a minor has engaged in
conduct prohibited by this section on a second or subsequent occasion, the
court shall require that the minor receive treatment and counseling. [1999
c.229 §1; 1999 c.1051 §322f]
Note: 167.808 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 167 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
167.810
Creating a hazard. (1) A
person commits the crime of creating a hazard if:
(a) The person intentionally maintains or
leaves in a place accessible to children a container with a compartment of more
than one and one-half cubic feet capacity and a door or lid which locks or
fastens automatically when closed and which cannot easily be opened from the
inside; or
(b) Being the owner or otherwise having
possession of property upon which there is a well, cistern, cesspool,
excavation or other hole of a depth of four feet or more and a top width of 12
inches or more, the owner intentionally fails or refuses to cover or fence it
with a suitable protective construction.
(2) Creating a hazard is a Class B
misdemeanor. [1971 c.743 §284]
167.820
Concealing the birth of an infant. (1) A person commits the crime of concealing the birth of an infant if
the person conceals the corpse of a newborn child with intent to conceal the
fact of its birth or to prevent a determination of whether it was born dead or
alive.
(2) Concealing the birth of an infant is a
Class A misdemeanor. [1971 c.743 §286]
167.822
Improper repair of vehicle inflatable restraint system. (1) A person commits the crime of improper
repair of a vehicle inflatable restraint system if the person knowingly:
(a) Installs as part of a vehicle
inflatable restraint system an object that is not designed in accordance with
federal safety regulations for the make, model and year of the motor vehicle;
or
(b) If requested to repair or replace a
vehicle inflatable restraint system, fails to install an object that is
required to make a vehicle inflatable restraint system comply with federal
safety regulations for the make, model and year of the motor vehicle.
(2) Improper repair of a vehicle
inflatable restraint system is a Class A misdemeanor. [2001 c.439 §1]
Note: 167.822 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 167 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
167.824
Unlawful possession of undeployed air bags or air bag canisters. (1) A person may not possess more than two
undeployed air bags or air bag canisters containing sodium azide that have been
removed from a vehicle. This subsection does not apply to motor vehicle
dealers, automobile repair facilities or dismantlers certified under ORS
822.110.
(2) A violation of subsection (1) of this
section is a Class C misdemeanor. [2005 c.514 §2; 2005 c.654 §13b]
Note: 167.824 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 167 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
167.830
Employment of minors in place of public entertainment. Except as provided in ORS 167.840, any
person operating or conducting a place of public amusement or entertainment,
who employs or allows a child under the age of 18 years to conduct or assist in
conducting any public dance, including but not limited to dancing by the child
as a public performance, or to assist in or furnish music for public dancing,
commits a Class D violation. [1971 c.743 §292; 1987 c.905 §18; 1999 c.1051 §163]
167.840
Application of ORS 167.830 limited. (1) ORS 167.830 does not apply if:
(a) Alcoholic beverages are not permitted
to be dispensed or consumed in the place of public amusement or entertainment
open to the individuals attending the public dance;
(b) Alcoholic beverages are not permitted
to be dispensed or consumed in any place connected by an entrance to the place
of public amusement or entertainment;
(c) Applicable laws, regulations and
ordinances for the protection of children under the age of 18 years are
observed in the conduct of the dance; and
(d) At least one responsible adult is
present at all times during the public dance to see that applicable laws,
regulations and ordinances for the protection of children under 18 years of age
are observed.
(2) ORS 167.830 does not apply if the
child has the written permission of the judge of the juvenile court, for the
county in which the child resides, to conduct or assist in conducting the
public dance. The judge of the juvenile court shall grant such permission only
if:
(a) The parents or legal guardians of the
child have consented to the childs participation in such activity; and
(b) The judge has found that participation
in such activity will not be inconsistent with the health, safety and morals of
the child.
(3) This section is not intended to make
lawful any activity that is prohibited within a political subdivision of this
state by ordinance or other regulation of the political subdivision.
(4) The requirements of this section are
in addition to, and not in lieu of, the requirements of ORS 653.315. [1971
c.743 §293]
167.850 [1971 c.743 §226; repealed by 1985 c.662 §15]
167.860 [1971 c.596 §1; 1973 c.836 §345; 1985 c.662 §7;
renumbered 167.345]
167.862 [1983 c.648 §1; 1985 c.662 §9; renumbered
167.350]
167.865 [1977 c.539 §2; renumbered 167.355]
167.870 [1973 c.316 §1; repealed by 1999 c.729 §1]
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