Title 16, Crimes and Punishments

Notwithstanding ORS 163.107, when an element of a crime charged is that the victim of the crime is a police officer as defined in ORS 181A.355 and the crime was related to the officer’s performance of official duties, the state may alternatively prove that the victim of the crime…

(1) In a prosecution for murder in the first degree under ORS 163.107 (1)(c), the state shall plead the previous conviction, and shall prove the previous conviction unless the defendant stipulates to that fact prior to trial. If the defendant so stipulates and the trial is by jur…

(1) Except as provided in ORS 163.095, 163.118 and 163.125, criminal homicide constitutes murder in the second degree: (a) When it is committed intentionally, except that it is an affirmative defense that, at the time of the homicide, the defendant was under the influence of an e…

It is a defense to a charge of murder that the defendant’s conduct consisted of causing or aiding, without the use of duress or deception, another person to commit suicide. Nothing contained in this section shall constitute a defense to a prosecution for, or preclude a conviction…

(1) Criminal homicide constitutes manslaughter in the first degree when: (a) It is committed recklessly under circumstances manifesting extreme indifference to the value of human life; (b) It is committed intentionally by a defendant under the influence of extreme emotional distu…

(1) Criminal homicide constitutes manslaughter in the second degree when: (a) It is committed recklessly; (b) A person intentionally causes or aids another person to commit suicide; or (c) A person, with criminal negligence, causes the death of a child under 14 years of age or a …

(1) It is an affirmative defense to murder in the second degree for purposes of ORS 163.115 (1)(a) that the homicide was committed under the influence of extreme emotional disturbance if the disturbance is not the result of the person’s own intentional, knowing, reckless or crimi…

(1) A person commits the crime of criminally negligent homicide when, with criminal negligence, the person causes the death of another person. (2) Criminally negligent homicide is a Class B felony. [1971 c.743 §91; 2003 c.815 §2]

The Oregon Criminal Justice Commission shall classify manslaughter in the second degree as described in ORS 163.125 and criminally negligent homicide as described in ORS 163.145 as crime category 9 of the sentencing guidelines grid of the commission if: (1) The manslaughter or cr…

(1) Criminal homicide constitutes aggravated vehicular homicide when it is committed with criminal negligence, recklessly or recklessly under circumstances manifesting extreme indifference to the value of human life by a person operating a motor vehicle while under the influence …

(1)(a) Upon a finding that the defendant is guilty of aggravated murder, the court, except as otherwise provided in subsection (3) of this section, shall conduct a separate sentencing proceeding to determine whether the defendant shall be sentenced to life imprisonment, as descri…

(1) When a defendant, who was at least 15 years of age at the time of committing the murder, is convicted of murdering a pregnant victim under ORS 163.115 (1)(a) and the defendant knew that the victim was pregnant, the defendant shall be sentenced to life imprisonment without the…

(1) A person commits the crime of assault in the fourth degree if the person: (a) Intentionally, knowingly or recklessly causes physical injury to another; (b) With criminal negligence causes physical injury to another by means of a deadly weapon; or (c) With criminal negligence …

(1) A person commits the crime of assault in the third degree if the person: (a) Recklessly causes serious physical injury to another by means of a deadly or dangerous weapon; (b) Recklessly causes serious physical injury to another under circumstances manifesting extreme indiffe…

The Oregon Criminal Justice Commission shall classify assault in the third degree that is committed under the circumstances described in ORS 163.165 (2)(b) as crime category 8 of the sentencing guidelines grid of the commission. [2009 c.660 §40] Note: 163.168 was enacted into law…

(1) A person commits the crime of assault in the second degree if the person: (a) Intentionally or knowingly causes serious physical injury to another; (b) Intentionally or knowingly causes physical injury to another by means of a deadly or dangerous weapon; or (c) Recklessly cau…

(1) A person commits the crime of assault in the first degree if the person: (a) Intentionally causes serious physical injury to another by means of a deadly or dangerous weapon; (b) Intentionally or knowingly causes serious physical injury to a child under six years of age; (c) …

(1) A person commits the crime of strangulation if the person knowingly impedes the normal breathing or circulation of the blood of another person by: (a) Applying pressure on the throat, neck or chest of the other person; or (b) Blocking the nose or mouth of the other person. (2…

(1) A person commits the crime of menacing if by word or conduct the person intentionally attempts to place another person in fear of imminent serious physical injury. (2) Menacing is a Class A misdemeanor. (3) If a person is convicted of menacing constituting domestic violence a…

(1) A person commits the crime of intimidation by display of a noose if: (a) The person, with the intent to intimidate another person or place another person in fear of imminent bodily harm, knowingly places a noose: (A) On public property; or (B) On private property without the …

(1) A person commits the crime of endangering a person protected by a Family Abuse Prevention Act restraining order if the person: (a) Has been served with the order as provided in ORS 107.718, unless service was waived under ORS 107.720 because the person appeared before the cou…

(1) A person commits the crime of assisting another person to commit suicide if the person knowingly sells, or otherwise transfers for consideration, any substance or object, that is capable of causing death, to another person for the purpose of assisting the other person to comm…

(1) A person commits the crime of recklessly endangering another person if the person recklessly engages in conduct which creates a substantial risk of serious physical injury to another person. (2) Recklessly endangering another person is a Class A misdemeanor. [1971 c.743 §96]

(1) A person commits the crime of aggravated driving while suspended or revoked if the person operates a motor vehicle that causes serious physical injury to, or the death of, another person while knowingly violating ORS 811.175 or 811.182, if the suspension or revocation resulte…

(1) A student organization or a member of a student organization commits the offense of hazing if, as a condition or precondition of attaining membership in the organization or of attaining any office or status in the organization, the organization or member intentionally hazes a…

(1) A person commits the crime of criminal mistreatment in the second degree if, with criminal negligence and: (a) In violation of a legal duty to provide care for another person, the person withholds necessary and adequate food, physical care or medical attention from that perso…

(1) A person commits the crime of criminal mistreatment in the first degree if: (a) The person, in violation of a legal duty to provide care for another person, or having assumed the permanent or temporary care, custody or responsibility for the supervision of another person, int…

ORS 163.200 and 163.205 do not apply: (1) To a person acting pursuant to a court order, an advance directive or a form for appointing a health care representative pursuant to ORS 127.505 to 127.660 or a POLST, as defined in ORS 127.663; (2) To a person withholding or withdrawing …

(1) A person commits the crime of female genital mutilation if the person: (a) Knowingly circumcises, excises or infibulates the whole or any part of the labia majora, labia minora or clitoris of a child; or (b) Is the parent, guardian or other person legally responsible for the …

(1) A person commits the crime of assaulting a public safety officer if the person intentionally or knowingly causes physical injury to the other person, knowing the other person to be a peace officer, corrections officer, youth correction officer, parole and probation officer, a…

As used in ORS 163.211 to 163.213: (1) “Corrections officer” and “parole and probation officer” have the meanings given those terms in ORS 181A.355. (2) “Mace, tear gas, pepper mace or any similar deleterious agent” means a sternutator, lacrimator or any substance composed of a m…

(1) A person commits the crime of unlawful use of an electrical stun gun, tear gas or mace in the second degree if the person recklessly discharges an electrical stun gun, tear gas weapon, mace, tear gas, pepper mace or any similar deleterious agent against another person. (2) Un…

(1) A person commits the crime of unlawful use of an electrical stun gun, tear gas or mace in the first degree if the person knowingly discharges or causes to be discharged any electrical stun gun, tear gas weapon, mace, tear gas, pepper mace or any similar deleterious agent agai…

As used in ORS 163.215 to 163.257, unless the context requires otherwise: (1) “Without consent” means that the taking or confinement is accomplished by force, threat or deception, or, in the case of a person under 16 years of age or who is otherwise incapable of giving consent, t…

(1) A person commits the crime of kidnapping in the second degree if, with intent to interfere substantially with another’s personal liberty, and without consent or legal authority, the person: (a) Takes the person from one place to another; or (b) Secretly confines the person in…

(1) A person commits the crime of kidnapping in the first degree if the person violates ORS 163.225 with any of the following purposes: (a) To compel any person to pay or deliver money or property as ransom; (b) To hold the victim as a shield or hostage; (c) To cause physical inj…

(1) A person commits the crime of custodial interference in the second degree if, knowing or having reason to know that the person has no legal right to do so, the person takes, entices or keeps another person from the other person’s lawful custodian or in violation of a valid jo…

(1) A person commits the crime of custodial interference in the first degree if the person violates ORS 163.245 and: (a) Causes the person taken, enticed or kept from the lawful custodian or in violation of a valid joint custody order to be removed from the state; or (b) Exposes …

As used in this section and ORS 163.263 and 163.264: (1) “Controlled substance” has the meaning given that term in ORS 475.005. (2) “Debt bondage” means the inducement of another person to provide labor or services in payment toward or satisfaction of a real or purported debt if:…

(1) A person commits the crime of subjecting another person to involuntary servitude in the second degree if the person knowingly and without lawful authority forces or attempts to force the other person to engage in or continue to engage in services by: (a) Abusing or threatenin…

(1) A person commits the crime of subjecting another person to involuntary servitude in the first degree if the person knowingly and without lawful authority forces or attempts to force the other person to engage in or continue to engage in services by: (a) Causing or threatening…

(1) A person commits the crime of trafficking in persons if the person knowingly recruits, entices, harbors, transports, provides or obtains by any means, or attempts to recruit, entice, harbor, transport, provide or obtain by any means, another person and: (a) The person knows o…

(1) A person who is the victim of a crime described in ORS 163.263, 163.264 or 163.266 may assert the defense of duress, as described in ORS 161.270, if the person is prosecuted for conduct that constitutes services under ORS 163.261, that the person was caused to provide. (2) In…

(1) A person commits the crime of coercion when the person compels or induces another person to engage in conduct from which the other person has a legal right to abstain, or to abstain from engaging in conduct in which the other person has a legal right to engage, by means of in…

In any prosecution for coercion committed by instilling in the victim a fear that the victim or another person would be charged with a crime, it is a defense that the defendant reasonably believed the threatened charge to be true and that the sole purpose of the defendant was to …

As used in chapter 743, Oregon Laws 1971, unless the context requires otherwise: (1) “Forcible compulsion” means to compel by: (a) Physical force; or (b) A threat, express or implied, that places a person in fear of immediate or future death or physical injury to self or another …