Chapter 166 — Chapter 166
164 sections in this chapter.
ORS 166.005 Treason. (1) A person commits the crime of treason if the person levies war against the State of Oregon or adheres to its enemies, giving them aid and comfort
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(2) No person shall be convicted of treason unless upon the testimony of two witnesses to the same overt act or upon confession in open court. (3) A person convicted of treason shall be punished by imprisonment for life. [1971 c.743 §217]
ORS 166.010 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 166.015 Riot. (1) A person commits the crime of riot if while participating with five or more other persons the person engages in tumultuous and violent conduct and thereby intentionally or recklessly creates a grave risk of causing public alarm
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(2) Riot is a Class C felony. [1971 c.743 §218]
ORS 166.020 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 166.023 Disorderly conduct in the first degree. (1) A person commits the crime of disorderly conduct in the first degree if, with intent to cause public inconvenience, annoyance or alarm, or knowingly creating a risk thereof, the person initiates or circulates a report, knowing it to be false
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(a) Concerning an alleged hazardous substance or an alleged or impending fire, explosion, catastrophe or other emergency; and (b) Stating that the hazardous substance, fire, explosion, catastrophe or other emergency is located in or upon a court facility or a public building, as …
ORS 166.025 Disorderly conduct in the second degree. (1) A person commits the crime of disorderly conduct in the second degree if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, the person
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(a) Engages in fighting or in violent, tumultuous or threatening behavior; (b) Makes unreasonable noise; (c) Disturbs any lawful assembly of persons without lawful authority; (d) Obstructs vehicular or pedestrian traffic on a public way; (e) Initiates or circulates a report, know…
ORS 166.030 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 166.035 [1971 c.743 §221; repealed by 1975 c.715 §2]
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[Repealed or reserved.]
ORS 166.040 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 166.045 [1971 c.743 §222; repealed by 1983 c.546 §3]
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[Repealed or reserved.]
ORS 166.050 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 166.060 [Amended by 1959 c.436 §1; 1961 c.503 §1; repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 166.065 Harassment. (1) A person commits the crime of harassment if the person intentionally
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(a) Harasses or annoys another person by subjecting such other person to offensive physical contact; (b) Subjects another to alarm by conveying a false report, known by the conveyor to be false, concerning death or serious physical injury to a person, which report reasonably woul…
ORS 166.070 Aggravated harassment. (1) A person commits the crime of aggravated harassment if the person, knowing that the other person is a
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(a) Staff member, knowingly propels saliva, blood, urine, semen, feces or other dangerous substance at the staff member while the staff member is acting in the course of official duty or as a result of the staff member’s official duties; (b) Public safety officer, knowingly prope…
ORS 166.075 Abuse of venerated objects. (1) A person commits the crime of abuse of venerated objects if the person intentionally abuses a public monument or structure, a place of worship or the national or state flag
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(2) As used in this section and ORS 166.085, “abuse” means to deface, damage, defile or otherwise physically mistreat in a manner likely to outrage public sensibilities. (3) Abuse of venerated objects is a Class C misdemeanor. [1971 c.743 §224; 1995 c.261 §2]
ORS 166.076 Abuse of a memorial to the dead. (1) A person commits the crime of abuse of a memorial to the dead if the person
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(a) Intentionally destroys, mutilates, defaces, injures or removes any: (A) Tomb, monument, gravestone or other structure or thing placed as or designed for a memorial to the dead; or (B) Fence, railing, curb or other thing intended for the protection or for the ornamentation of …
ORS 166.085 Abuse of corpse in the second degree. (1) A person commits the crime of abuse of corpse in the second degree if, except as otherwise authorized by law, the person intentionally
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(a) Abuses a corpse; or (b) Disinters, removes or carries away a corpse. (2) Abuse of corpse in the second degree is a Class C felony. (3) As used in this section and ORS 166.087, “abuse of corpse” includes treatment of a corpse by any person in a manner not recognized by general…
ORS 166.087 Abuse of corpse in the first degree. (1) A person commits the crime of abuse of corpse in the first degree if the person
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(a) Engages in sexual activity with a corpse or involving a corpse; or (b) Dismembers, mutilates, cuts or strikes a corpse. (2) Abuse of corpse in the first degree is a Class B felony. [1993 c.294 §2] Note: 166.087 was enacted into law by the Legislative Assembly but was not adde…
ORS 166.090 Telephonic harassment. (1) A telephone caller commits the crime of telephonic harassment if the caller intentionally harasses or annoys another person
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(a) By causing the telephone of the other person to ring, such caller having no communicative purpose; (b) By causing such other person’s telephone to ring, knowing that the caller has been forbidden from so doing by a person exercising lawful authority over the receiving telepho…
ORS 166.095 Misconduct with emergency telephone calls. (1) A person commits the crime of misconduct with emergency telephone calls if the person
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(a) Intentionally refuses to relinquish immediately a party line or public pay telephone after being informed that it is needed for an emergency call; or (b) Requests another to relinquish a party line or public pay telephone to place an emergency call with knowledge that no such…
ORS 166.110 [Amended by 1961 c.503 §2; repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 166.115 [1981 c.783 §3; repealed by 2001 c.851 §2 (166.116 enacted in lieu of 166.115)]
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[Repealed or reserved.]
ORS 166.116 Interfering with public transportation. (1) A person commits the crime of interfering with public transportation if the person
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(a) Intentionally or knowingly enters or remains unlawfully in or on a public transit vehicle or public transit station; (b) Intentionally or knowingly interferes with the provision or use of public transportation services by, among other things, interfering with the movement of,…
ORS 166.119 Interfering with a health care facility. (1) A person commits the crime of interfering with a health care facility if the person intentionally, knowingly or recklessly interferes with access to or from a health care facility, or disrupts the normal functioning of a health care facility, by
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(a) Physically obstructing or impeding the free passage of a person seeking to enter or depart from the facility or from the common areas of the real property upon which the facility is located; (b) Making noise that unreasonably disturbs the peace within the facility; (c) Trespa…
ORS 166.120 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 166.122 Definitions for ORS 166.122 to 166.128. As used in ORS 166.122 to 166.128
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(1) “Critical infrastructure” means a gas, electric or water utility system, an electric substation, a pipeline or other conveyance for carrying gas, natural gas or fuel, a fiber optic cable network, a base transceiver station or other wireless communication infrastructure, a dat…
ORS 166.125 Domestic terrorism in the first degree. (1) A person commits the crime of domestic terrorism in the first degree if the person, with the intent to cause widespread sickness, contagion, serious physical injury, death or the disruption of services provided by critical infrastructure
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(a) Intentionally destroys or substantially damages critical infrastructure; or (b) Intentionally introduces, releases or disperses a toxic substance into widespread contact with human beings. (2) Domestic terrorism in the first degree is a Class B felony. (3) The Oregon Criminal…
ORS 166.128 Domestic terrorism in the second degree. (1) A person commits the crime of domestic terrorism in the second degree if the person, with the intent to cause widespread sickness, contagion, serious physical injury, death or the disruption of services provided by critical infrastructure
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(a) Intentionally possesses a toxic substance with the intent to introduce the substance into widespread contact with human beings; (b) Intentionally possesses a destructive device with the intent to destroy or substantially damage critical infrastructure; (c) Intentionally attem…
ORS 166.130 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 166.140 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 166.150 [Repealed by 1971 c.743 §432]
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BIAS CRIME
ORS 166.155 Bias crime in the second degree. (1) A person commits a bias crime in the second degree if the person
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(a) Tampers or interferes with property, having no right to do so nor reasonable ground to believe that the person has such right, with the intent to cause substantial inconvenience to another person because of the person’s perception of the other person’s race, color, religion, …
ORS 166.160 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 166.165 Bias crime in the first degree. (1) A person commits a bias crime in the first degree if the person
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(a) Intentionally, knowingly or recklessly causes physical injury to another person because of the person’s perception of the other person’s race, color, religion, gender identity, sexual orientation, disability or national origin; (b) With criminal negligence causes physical inj…
ORS 166.167 Community service as sentence for bias crime. If a court sentences a person to community service for a violation of ORS 166.155 or 166.165 and the conduct that was the subject of the violation occurred while on the waters of this state or on publicly owned land used for outdoor recreation, the community service may include
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(1) Habitat restoration or restoration or maintenance of outdoor recreation facilities under the supervision of the State Parks and Recreation Department, the State Department of Fish and Wildlife or the State Marine Board; and (2) Anti-bias training. [2021 c.393 §3] AUTHORITY TO…
ORS 166.170 State preemption. (1) Except as expressly authorized by state statute, the authority to regulate in any matter whatsoever the sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms or any element relating to firearms and components thereof, including ammunition, is vested solely in the Legislative Assembly
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(2) Except as expressly authorized by state statute, no county, city or other municipal corporation or district may enact civil or criminal ordinances, including but not limited to zoning ordinances, to regulate, restrict or prohibit the sale, acquisition, transfer, ownership, po…
ORS 166.171 Authority of county to regulate discharge of firearms. (1) A county may adopt ordinances to regulate, restrict or prohibit the discharge of firearms within their boundaries
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(2) Ordinances adopted under subsection (1) of this section may not apply to or affect: (a) A person discharging a firearm in the lawful defense of person or property. (b) A person discharging a firearm in the course of lawful hunting. (c) A landowner and guests of the landowner …
ORS 166.172 Authority of city to regulate discharge of firearms. (1) A city may adopt ordinances to regulate, restrict or prohibit the discharge of firearms within the city’s boundaries
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(2) Ordinances adopted under subsection (1) of this section may not apply to or affect: (a) A person discharging a firearm in the lawful defense of person or property. (b) A person discharging a firearm on a public or private shooting range, shooting gallery or other area designe…
ORS 166.173 Authority of city or county to regulate possession of loaded firearms in public places. (1) A city or county may adopt ordinances to regulate, restrict or prohibit the possession of loaded firearms in public places as defined in ORS 161.015
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(2) Ordinances adopted under subsection (1) of this section do not apply to or affect: (a) A law enforcement officer. (b) A member of the military in the performance of official duty. (c) A person licensed to carry a concealed handgun. (d) A person authorized to possess a loaded …
ORS 166.174 Authority of city, county, municipal corporation or district to regulate possession or sale of firearms. Notwithstanding any other provision of law, a city, county or other municipal corporation or district may not adopt ordinances that regulate, restrict or prohibit the possession or sale of firearms in a public building that is rented or leased to a person during the term of the lease. [1995 s.s. c.1 §5]
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[Repealed or reserved.]
ORS 166.175 Authority of city to regulate purchase of used firearms. (1) Notwithstanding any other provision of law, a city may continue to regulate the purchase of used firearms by pawnshops and secondhand stores
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(2) As used in this section, “secondhand store” means a store or business whose primary source of revenue is the sale of used merchandise. [1995 s.s. c.1 §6]
ORS 166.176 Exception to preemption for certain county ordinances. (1) Nothing in ORS 166.170 or 166.171 is intended to preempt, invalidate or in any way affect the operation of any provision of a county ordinance that was in effect on November 2, 1995, to the extent that the provision
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(a) Established a procedure for regulating, restricting or prohibiting the discharge of firearms; or (b) Regulated, restricted or prohibited the discharge of firearms. (2) Subsection (1) of this section does not apply to: (a) Ordinances regulating, restricting or prohibiting the …
ORS 166.180 Negligently wounding another. Any person who, as a result of failure to use ordinary care under the circumstances, wounds any other person with a bullet or shot from any firearm, or with an arrow from any bow, commits a Class B misdemeanor. In addition, any person so convicted shall forfeit any license to hunt, obtained under the laws of this state, and shall be ineligible to obtain a license to hunt for a period of 10 years following the date of conviction. [Formerly 163.310; 2011 c.597 §162]
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[Repealed or reserved.]
ORS 166.190 Pointing firearm at another; courts having jurisdiction over offense. Any person over the age of 12 years who, with or without malice, purposely points or aims any loaded or empty pistol, gun, revolver or other firearm, at or toward any other person within range of the firearm, except in self-defense, shall be fined upon conviction in any sum not less than $10 nor more than $500, or be imprisoned in the county jail not less than 10 days nor more than six months, or both. Justice courts have jurisdiction concurrent with the circuit court of the trial of violations of this section. When any person is charged before a justice court with violation of this section, the court shall, upon motion of the district attorney, at any time before trial, act as a committing magistrate, and if probable cause be established, hold such person to the grand jury. [Formerly 163.320]
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[Repealed or reserved.]
ORS 166.210 Definitions. As used in ORS 166.250 to 166.270, 166.291 to 166.295 and 166.410 to 166.470
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(1) “Antique firearm” means: (a) Any firearm, including any firearm with a matchlock, flintlock, percussion cap or similar type of ignition system, manufactured in or before 1898; and (b) Any replica of any firearm described in paragraph (a) of this subsection if the replica: (A)…
ORS 166.220 Unlawful use of weapon. (1) A person commits the crime of unlawful use of a weapon if the person
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(a) Attempts to use unlawfully against another, or carries or possesses with intent to use unlawfully against another, any dangerous or deadly weapon as defined in ORS 161.015; or (b) Intentionally discharges a firearm, blowgun, bow and arrow, crossbow or explosive device within …
ORS 166.230 [Repealed by 1979 c.779 §7]
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[Repealed or reserved.]
ORS 166.240 Carrying of concealed weapons. (1) Except as provided in subsection (2) of this section, any person who carries concealed upon the person any knife having a blade that projects or swings into position by force of a spring or by centrifugal force, any dirk, dagger, ice pick, slungshot, metal knuckles, or any similar instrument by the use of which injury could be inflicted upon the person or property of any other person, commits a Class B misdemeanor
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(2) Nothing in subsection (1) of this section applies to any peace officer as defined in ORS 133.005, whose duty it is to serve process or make arrests. Justice courts have concurrent jurisdiction to try any person charged with violating any of the provisions of subsection (1) of…
ORS 166.245 [1989 c.839 §38; repealed by 1995 s.s. c.1 §7]
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[Repealed or reserved.]
ORS 166.250 Unlawful possession of firearms. (1) Except as otherwise provided in this section or ORS 166.260, 166.270, 166.273, 166.274, 166.291, 166.292 or 166.410 to 166.470, a person commits the crime of unlawful possession of a firearm if the person knowingly
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(a) Carries any firearm concealed upon the person; (b) Possesses a handgun that is concealed and readily accessible to the person within any vehicle; (c) Possesses a firearm and: (A) Is under 18 years of age; (B)(i) While a minor, was found to be within the jurisdiction of the ju…