Title 16, Crimes and Punishments

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 enter…

(1) A person commits the crime of prostitution if the person engages in, or offers or agrees to engage in, sexual conduct or sexual contact in return for a fee. (2) Prostitution is a Class A misdemeanor. (3) It is an affirmative defense to prosecution under this section that the …

(1) A person commits the crime of commercial sexual solicitation if the person pays, or offers or agrees to pay, a fee to engage in sexual conduct or sexual contact. (2) Commercial sexual solicitation is a Class A misdemeanor. [2011 c.151 §3; 2013 c.720 §2; 2015 c.98 §1]

(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; (b) Induces or causes a person to engage in…

(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 attempted prostitution; (b) Induces or causes a person under 18 years of age to engage in prostitution; (c) Aids or fac…

(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, s…

As used in ORS 167.057: (1) “Furnishes” means to sell, give, rent, loan or otherwise provide. (2) “Minor” means a person under 18 years of age. (3) “Sexual conduct” means: (a) Human masturbation or sexual intercourse; (b) Genital-genital, oral-genital, anal-genital or oral-anal c…

(1) A person commits the crime of luring a minor if the person: (a) Furnishes to, or uses with, a minor, a police officer posing as a minor or an agent of a police officer posing as a minor, a visual representation or explicit verbal description or narrative account of sexual con…

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 e…

(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 li…

(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…

(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 mi…

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 …

(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 im…

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 dis…

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]

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) …

(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 e…

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 tra…

ORS 167.109 and 167.112 do not apply to activities licensed and regulated by the Oregon Racing Commission under ORS chapter 462. [2001 c.502 §5]

(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 provisio…

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 wh…

(1) When a charitable, fraternal or religious organization is licensed by the Department of Justice to conduct bingo, lotto or raffle games or Monte Carlo events, only the organization or an employee of the organization authorized by the department may receive money or property o…

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: 167.1…

(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 §…

(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]

(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 en…

(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 ent…

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 pl…

(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…

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 occurren…

(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 …

(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 juri…

(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 machi…

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]

(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 par…

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 …

(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 …

(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…

(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 dispe…

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]

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…

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]

(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 a marijuana item as defined in ORS 475C.009; or (b) To…

The Legislative Assembly finds and declares that: (1) Animals are sentient beings capable of experiencing pain, stress and fear; (2) Animals should be cared for in ways that minimize pain, stress, fear and suffering; (3) The suffering of animals can be mitigated by expediting the…

As used in ORS 167.310 to 167.351: As used in ORS 167.310 to 167.351: (1) “Adequate bedding” means bedding of sufficient quantity and quality to permit a domestic animal to remain dry and reasonably clean and maintain a normal body temperature. (2)(a) “Adequate shelter” includes …

(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 …

(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) …

(1) A person commits the crime of animal abuse in the first degree if, except as otherwise authorized by law, the person recklessly causes serious physical injury or death to an animal. (2) Any practice of good animal husbandry is not a violation of this section. (3) Animal abuse…

(1) A person commits the crime of aggravated animal abuse in the first degree if, except as otherwise authorized by law, the person intentionally or knowingly: (a) Tortures an animal; (b) Causes serious physical injury or death to an animal; or (c) Creates a visual recording of a…