Chapter 167 — Chapter 167
223 sections in this chapter.
ORS 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
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(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…
ORS 167.135 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 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
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(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 …
ORS 167.140 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 167.145 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 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
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(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 mach…
ORS 167.150 [Repealed by 1961 c.579 §2]
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[Repealed or reserved.]
ORS 167.151 [1961 c.579 §1; 1963 c.480 §1; repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 167.152 [1955 c.494 §1; repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 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
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(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 OR…
ORS 167.155 [Repealed by 1961 c.503 §3]
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[Repealed or reserved.]
ORS 167.157 [1969 c.169 §1; repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 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
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(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]
ORS 167.160 [Repealed by 1961 c.503 §3]
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[Repealed or reserved.]
ORS 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 law enforcement agency that employs the officer, which shall hold it subject to the order of the court having jurisdiction
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(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 law enforcement agency holding the gambling device to destroy the device and to deliver any coins taken the…
ORS 167.164 Possession of a gray machine; disposition of machine; defense. (1) 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
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(2) Possession of a gray machine is a Class C felony. (3) If any device is seized by a law enforcement agency based on a contention that the device is a gray machine, and a motion for return or restoration of the device is filed under ORS 133.633, the burden of proof is on the st…
ORS 167.165 [Repealed by 1963 c.340 §1 (167.170 enacted in lieu of 167.165)]
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[Repealed or reserved.]
ORS 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 Oregon. [1991 c.962 §8]
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[Repealed or reserved.]
ORS 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
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(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 i…
ORS 167.170 [1963 c.340 §2 (enacted in lieu of 167.165); repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 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)]
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OFFENSES INVOLVING CONTROLLED SUBSTANCES
ORS 167.203 Definitions for ORS 167.212 to 167.252. As used in ORS 167.212 to 167.252, unless the context requires otherwise
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(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 t…
ORS 167.205 [Amended by 1961 c.333 §1; repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 167.207 [1971 c.743 §274; 1973 c.680 §1; 1974 c.67 §2; repealed by 1977 c.745 §54]
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[Repealed or reserved.]
ORS 167.210 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 167.212 Tampering with drug records. (1) A person commits the crime of tampering with drug records if the person knowingly
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(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 t…
ORS 167.215 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 167.217 [1971 c.743 §276; 1973 c.680 §2; 1974 c.67 §3; repealed by 1977 c.745 §54]
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[Repealed or reserved.]
ORS 167.220 [Amended by 1957 c.403 §8; 1961 c.261 §2; repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 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 475.752 to 475.980
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(2) Frequenting a place where controlled substances are used is a Class A misdemeanor. (3) 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 §…
ORS 167.225 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 167.227 [1969 c.655 §2; repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 167.228 [1971 c.743 §278; repealed by 1977 c.745 §54]
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[Repealed or reserved.]
ORS 167.230 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 167.232 [1971 c.743 §278a; repealed by 1977 c.745 §54]
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[Repealed or reserved.]
ORS 167.235 [Amended by 1967 c.527 §1; repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 167.237 [1967 c.527 §2; repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 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
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(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 475.752 to 475.980, is prima facie evidenc…
ORS 167.240 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 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)]
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[Repealed or reserved.]
ORS 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 475.752 to 475.980 shall be an affirmative defense. [1989 c.791 §16; 1995 c.440 §19; enacted in lieu of 167.242 in 1997]
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[Repealed or reserved.]
ORS 167.245 [Amended by 1955 c.504 §1; 1959 c.322 §1; repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 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)]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 167.250 [Amended by 1959 c.322 §2; repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 167.252 Preclusion of 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]
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[Repealed or reserved.]
ORS 167.255 [Repealed by 1959 c.322 §3]
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[Repealed or reserved.]
ORS 167.260 [Repealed by 1959 c.322 §3]
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[Repealed or reserved.]
ORS 167.262 Use of minor in controlled substance or marijuana item 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
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(a) To manufacture a controlled substance or a marijuana item as defined in ORS 475C.009; or (b) To transport, carry, sell, give away, prepare for sale or otherwise distribute a controlled substance or a marijuana item as defined in ORS 475C.009. (2)(a) Except as otherwise provid…