There Is a Newer Version of the Oregon Revised Statutes
2011 Oregon Revised Statutes
ORS Volume 4, Chapters 131 - 170
ORS Chapter 163
- 163.005 Criminal homicide.
- 163.010 [Amended by 1963 c.625 4; repealed by 1971 c.743 432]
- 163.020 [Amended by 1963 c.625; 5; repealed by 1971 c.743 432]
- 163.030 [Repealed by 1963 c.431 1]
- 163.040 [Repealed by 1971 c.743 432]
- 163.050 [Repealed by 1971 c.743 432]
- 163.060 [Repealed by 1969 c.684 17]
- 163.070 [Repealed by 1971 c.743 432]
- 163.080 [Repealed by 1971 c.743 432]
- 163.090 [Amended by 1953 c.676 2; repealed by 1957 c.396 1 (163.091 enacted in lieu of 163.090)]
- 163.091 [1957 c.396 2 (enacted in lieu of 163.090); repealed by 1971 c.743 432]
- 163.095 Aggravated murder defined.
- 163.100 [Amended by 1967 c.372 12; repealed by 1971 c.743 432]
- 163.103 Pleading, proof and stipulation regarding previous conviction element in prosecution for aggravated murder.
- 163.105 Sentencing options for aggravated murder.
- 163.110 [Repealed by 1971 c.743 432]
- 163.115 Murder; affirmative defense to certain felony murders; sentence of life imprisonment required; minimum term.
- 163.116 [1979 c.2 3; repealed by 1981 c.873 9]
- 163.117 Causing or aiding suicide as defense to charge of murder.
- 163.118 Manslaughter in the first degree.
- 163.120 [Repealed by 1971 c.743 432]
- 163.125 Manslaughter in the second degree.
- 163.130 [Repealed by 1971 c.743 432]
- 163.135 Extreme emotional disturbance as affirmative defense to murder; notice of expert testimony; right of state to psychiatric or psychological examination.
- 163.140 [Repealed by 1971 c.743 432]
- 163.145 Criminally negligent homicide.
- 163.147 Crime category classification for manslaughter in the second degree and criminally negligent homicide.
- Note: 163.147 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 163.149 Aggravated vehicular homicide.
- Note: 163.149 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 163.150 Sentencing for aggravated murder; proceedings; issues for jury.
- 163.155 Sentencing for murder of pregnant victim; proceeding; issues for jury.
- Note: 163.155 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. ASSAULT AND RELATED OFFENSES
- 163.160 Assault in the fourth degree.
- 163.165 Assault in the third degree.
- 163.168 Crime category classification for assault in the third degree.
- Note: 163.168 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 163.175 Assault in the second degree.
- 163.185 Assault in the first degree.
- 163.187 Strangulation.
- Note: 163.187 was added to and made a part of 163.160 to 163.208 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
- 163.190 Menacing.
- 163.193 Assisting another person to commit suicide.
- Note: 163.193 was added to and made a part of 163.160 to 163.208 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
- 163.195 Recklessly endangering another person.
- 163.196 Aggravated driving while suspended or revoked.
- Note: 163.196 was added to and made a part of ORS chapter 163 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
- 163.197 Hazing.
- 163.200 Criminal mistreatment in the second degree.
- 163.205 Criminal mistreatment in the first degree.
- 163.206 Exceptions to criminal mistreatment.
- Note: 163.206 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 163.207 Female genital mutilation.
- Note: 163.207 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 163.208 Assaulting a public safety officer.
- 163.210 [Repealed by 1971 c.743 432]
- 163.211 Definitions for ORS 163.211 to 163.213.
- Note: 163.211 to 163.213 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 163.212 Unlawful use of an electrical stun gun, tear gas or mace in the second degree.
- Note: See note under 163.211.
- 163.213 Unlawful use of an electrical stun gun, tear gas or mace in the first degree.
- Note: See note under 163.211. KIDNAPPING AND RELATED OFFENSES
- 163.215 Definitions for ORS 163.215 to 163.257.
- 163.220 [Repealed by 1971 c.743 432]
- 163.225 Kidnapping in the second degree.
- 163.230 [Repealed by 1971 c.743 432]
- 163.235 Kidnapping in the first degree.
- 163.240 [Repealed by 1971 c.743 432]
- 163.245 Custodial interference in the second degree.
- 163.250 [Repealed by 1971 c.743 432]
- 163.255 [1955 c.530 1; repealed by 1971 c.743 432]
- 163.257 Custodial interference in the first degree.
- 163.260 [Amended by 1955 c.366 1; repealed by 1971 c.743 432]
- 163.261 Definitions for ORS 163.263 and 163.264.
- Note: 163.261 to 163.269 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 163.263 Subjecting another person to involuntary servitude in the second degree.
- Note: See note under 163.261.
- 163.264 Subjecting another person to involuntary servitude in the first degree.
- Note: See note under 163.261.
- 163.266 Trafficking in persons.
- Note: See note under 163.261.
- 163.269 Victim assertion of defense of duress.
- Note: See note under 163.261.
- 163.270 [Amended by 1955 c.371 1; 1957 c.640 1; repealed by 1971 c.743 432] COERCION
- 163.275 Coercion.
- 163.280 [Amended by 1957 c.640 2; repealed by 1971 c.743 432]
- 163.285 Defense to coercion.
- 163.290 [Repealed by 1971 c.743 432]
- 163.300 [Repealed by 1971 c.743 432] SEXUAL OFFENSES
- 163.305 Definitions.
- Note: Legislative Counsel has substituted chapter 743, Oregon Laws 1971, for the words this Act in section 104, chapter 743, Oregon Laws 1971, compiled as 163.305. Specific ORS references have not been substituted, pursuant to 173.160. These sections may be determined by referring to the 1971 Comparative Section Table located in Volume 20 of ORS.
- 163.310 [Renumbered 166.180]
- 163.315 Incapacity to consent; effect of lack of resistance.
- 163.320 [Renumbered 166.190]
- 163.325 Ignorance or mistake as a defense.
- 163.330 [Repealed by 1971 c.743 432]
- 163.335 [1971 c.743 107; repealed by 1977 c.844 2]
- 163.340 [Repealed by 1971 c.743 432]
- 163.345 Age as a defense in certain cases.
- 163.355 Rape in the third degree.
- 163.365 Rape in the second degree.
- 163.375 Rape in the first degree.
- 163.385 Sodomy in the third degree.
- 163.395 Sodomy in the second degree.
- 163.405 Sodomy in the first degree.
- 163.408 Unlawful sexual penetration in the second degree.
- 163.410 [Repealed by 1971 c.743 432]
- 163.411 Unlawful sexual penetration in the first degree.
- 163.412 Exceptions to unlawful sexual penetration prohibition.
- 163.415 Sexual abuse in the third degree.
- 163.420 [Repealed by 1971 c.743 432]
- 163.425 Sexual abuse in the second degree.
- 163.426 Crime category classification for sexual abuse in the second degree.
- Note: 163.426 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 163.427 Sexual abuse in the first degree.
- Note: 163.427 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 163.430 [Amended by 1967 c.359 683; repealed by 1971 c.743 432]
- 163.431 Definitions for ORS 163.431 to 163.434.
- Note: 163.431 to 163.434 were added to and made a part of ORS chapter 163 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
- 163.432 Online sexual corruption of a child in the second degree.
- Note: See note under 163.431.
- 163.433 Online sexual corruption of a child in the first degree.
- Note: See note under 163.431.
- 163.434 Provisions applicable to online sexual corruption of a child.
- Note: See note under 163.431.
- 163.435 Contributing to the sexual delinquency of a minor.
- 163.440 [Repealed by 1971 c.743 432]
- 163.445 Sexual misconduct.
- 163.448 Definitions for ORS 163.452 and 163.454.
- 163.450 [Repealed by 1971 c.743 432]
- 163.452 Custodial sexual misconduct in the first degree.
- 163.454 Custodial sexual misconduct in the second degree.
- 163.455 [1971 c.743 119; repealed by 1983 c.546 1]
- 163.460 [Repealed by 1971 c.743 432]
- 163.465 Public indecency.
- 163.466 Classification of felony public indecency.
- Note: 163.466 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 163.467 Private indecency.
- 163.470 [Repealed by 1971 c.743 432]
- 163.475 [1975 c.176 2; 1977 c.822 1; repealed by 1981 c.892 98]
- 163.476 Unlawfully being in a location where children regularly congregate.
- Note: 163.476 and 163.479 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 163.477 [1979 c.706 3; repealed by 1985 c.557 10]
- 163.479 Unlawful contact with a child.
- Note: See note under 163.476.
- 163.480 [Amended by 1963 c.406 1; repealed by 1971 c.743 432]
- 163.483 [1979 c.706 2; 1983 c.740 30; repealed by 1985 c.557 10]
- 163.485 [1979 c.706 4; repealed by 1985 c.557 10]
- 163.490 [Repealed by 1971 c.743 432]
- 163.495 [1979 c.706 5; 1987 c.158 25; 1987 c.864 14; renumbered 163.676 in 1987]
- 163.500 [Repealed by 1971 c.743 432] OFFENSES AGAINST FAMILY
- 163.505 Definitions for certain provisions of ORS 163.505 to 163.575.
- 163.515 Bigamy.
- 163.525 Incest.
- 163.535 Abandonment of a child.
- 163.537 Buying or selling a person under 18 years of age.
- 163.545 Child neglect in the second degree.
- 163.547 Child neglect in the first degree.
- Note: 163.547 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 163.555 Criminal nonsupport.
- 163.565 Evidence of paternity; confidentiality between husband and wife not applicable; spouses competent and compellable witnesses.
- 163.575 Endangering the welfare of a minor.
- 163.577 Failing to supervise a child.
- Note: 163.577 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 163.580 Display of sign concerning sale of smoking devices.
- Note: 163.580 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 163.605 [1971 c.743 287; repealed by 1985 c.366 1]
- 163.610 [Repealed by 1971 c.743 432]
- 163.620 [Repealed by 1971 c.743 432]
- 163.630 [Repealed by 1971 c.743 432]
- 163.635 [1955 c.308 1; repealed by 1971 c.743 432]
- 163.640 [Repealed by 1971 c.743 432]
- 163.650 [Repealed by 1971 c.743 432]
- 163.660 [Repealed by 1971 c.743 432] VISUAL RECORDING OF SEXUAL CONDUCT OF CHILDREN
- 163.665 Definitions.
- 163.670 Using child in display of sexually explicit conduct.
- 163.672 [1991 c.664 2; repealed by 1995 c.768 16]
- 163.673 [1987 c.864 4; 1991 c.664 6; repealed by 1995 c.768 16]
- 163.675 [1985 c.557 4; repealed by 1987 c.864 15]
- 163.676 Exemption from prosecution under ORS 163.684.
- 163.677 [1987 c.864 5; 1991 c.664 7; repealed by 1995 c.768 16]
- 163.680 [1985 c.557 5; 1987 c.158 26; 1987 c.864 9; 1991 c.664 8; repealed by 1995 c.768 16]
- 163.682 Exceptions to ORS 163.665 to 163.693.
- 163.683 [1987 c.864 11; repealed by 1991 c.664 12]
- 163.684 Encouraging child sexual abuse in the first degree.
- 163.685 [1985 c.557 6; 1987 c.864 12; repealed by 1991 c.664 12]
- 163.686 Encouraging child sexual abuse in the second degree.
- 163.687 Encouraging child sexual abuse in the third degree.
- 163.688 Possession of materials depicting sexually explicit conduct of a child in the first degree.
- 163.689 Possession of materials depicting sexually explicit conduct of a child in the second degree.
- 163.690 Lack of knowledge of age of child as affirmative defense.
- 163.693 Failure to report child pornography.
- 163.695 [1987 c.864 8; 1991 c.664 11; 1995 c.768 7; repealed by 2001 c.666 56]
- 163.696 [2001 c.666 49; repealed by 2005 c.830 48] INVASION OF PRIVACY
- 163.700 Invasion of personal privacy.
- Note: 163.700 and 163.702 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 163.702 Exceptions to ORS 163.700.
- Note: See note under 163.700. MISCELLANEOUS
- 163.705 Polygraph examination of victims in certain criminal cases prohibited.
- 163.707 Forfeiture of motor vehicle used in drive-by shooting.
- Note: 163.707 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 163.709 Unlawful directing of light from a laser pointer.
- Note: 163.709 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. STALKING
- 163.730 Definitions for ORS 30.866 and 163.730 to 163.750.
- Note: The amendments to 163.730 by section 73, chapter 644, Oregon Laws 2011, become operative July 1, 2015. See section 58, chapter 644, Oregon Laws 2011, as amended by section 77, chapter 644, Oregon Laws 2011. The text that is operative on and after July 1, 2015, is set forth for the user s convenience.
- 163.730. As used in ORS 30.866 and 163.730 to 163.750, unless the context requires otherwise: (1) Alarm means to cause apprehension or fear resulting from the perception of danger. (2) Coerce means to restrain, compel or dominate by force or threat. (3) Contact includes but is not limited to: (a) Coming into the visual or physical presence of the other person; (b) Following the other person; (c) Waiting outside the home, property, place of work or school of the other person or of a member of that person s family or household; (d) Sending or making written or electronic communications in any form to the other person; (e) Speaking with the other person by any means; (f) Communicating with the other person through a third person; (g) Committing a crime against the other person; (h) Communicating with a third person who has some relationship to the other person with the intent of affecting the third person s relationship with the other person; (i) Communicating with business entities with the intent of affecting some right or interest of the other person; (j) Damaging the other person s home, property, place of work or school; (k) Delivering directly or through a third person any object to the home, property, place of work or school of the other person; or (L) Service of process or other legal documents unless the other person is served as provided in ORCP 7 or 9. (4) Household member means any person residing in the same residence as the victim. (5) Immediate family means father, mother, child, sibling, spouse, grandparent, stepparent and stepchild. (6) Law enforcement officer means a person employed in this state as a police officer by: (a) A county sheriff, constable or marshal; (b) A police department established by a university under ORS 352.383; or (c) A municipal or state police agency. (7) Repeated means two or more times. (8) School means a public or private institution of learning or a child care facility.
- Note: 163.730 to 163.753 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 163.732 Stalking.
- Note: See second note under 163.730.
- 163.735 Citation; form.
- Note: See second note under 163.730.
- 163.738 Effect of citation; contents; hearing; court s order; use of statements made at hearing.
- Note: See second note under 163.730.
- 163.741 Service of stalking protective order; entry of order into law enforcement data systems.
- Note: See second note under 163.730.
- 163.744 Initiation of action seeking citation; complaint form.
- Note: See second note under 163.730.
- 163.747 [1993 c.626 7; repealed by 1995 c.353 10]
- 163.750 Violating a court s stalking protective order.
- Note: See second note under 163.730.
- 163.753 Immunity of officer acting in good faith.
- Note: See second note under 163.730.
- 163.755 Conduct for which stalking protective order may not be issued.
- Note: 163.755 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. _______________
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