Title 16, Crimes and Punishments

(1) A person commits the crime of tampering with a witness if: (a) The person knowingly induces or attempts to induce a witness or a person the person believes may be called as a witness in any official proceeding to offer false testimony or unlawfully withhold any testimony; or …

(1) A person commits the crime of tampering with physical evidence if, with intent that it be used, introduced, rejected or unavailable in an official proceeding which is then pending or to the knowledge of such person is about to be instituted, the person: (a) Destroys, mutilate…

(1) A person commits the crime of tampering with public records if, without lawful authority, the person knowingly destroys, mutilates, conceals, removes, makes a false entry in or falsely alters any public record, including records relating to the Oregon State Lottery. (2)(a) Ex…

(1) A person commits the crime of resisting arrest if the person intentionally resists a person known by the person to be a peace officer or parole and probation officer in making an arrest. (2) As used in this section: (a) “Arrest” has the meaning given that term in ORS 133.005 …

(1) A person commits the crime of hindering prosecution if, with intent to hinder the apprehension, prosecution, conviction or punishment of a person who has committed a crime punishable as a felony, or with the intent to assist a person who has committed a crime punishable as a …

(1) A person commits the crime of compounding if the person accepts or agrees to accept any pecuniary benefit as consideration for refraining from reporting to law enforcement authorities the commission or suspected commission of any felony or information relating to a felony. (2…

It is no defense to a prosecution for hindering prosecution or compounding that the principal offender is not apprehended, prosecuted, convicted or punished. [1971 c.743 §209]

(1) A person commits the crime of simulating legal process if, with the intent to harass, injure or defraud another person, the person knowingly issues or delivers to another person any document that in form and substance falsely simulates civil or criminal process. (2) As used i…

(1) A person commits the crime of criminal impersonation of a public servant if, with intent to obtain a benefit, to injure or defraud another or to facilitate an unlawful activity, the person does an act in the assumed character of a public servant. (2) It is no defense to a pro…

(1) A person commits the crime of criminal impersonation of a peace officer if the person, with the intent to obtain a benefit or to injure or defraud another person, uses false law enforcement identification or wears a law enforcement uniform to give the impression that the pers…

(1) A person commits the crime of possession of a false law enforcement identification card if the person possesses a false law enforcement identification card. (2) Possession of a false law enforcement identification card is a Class A misdemeanor. (3) As used in this section, “f…

(1) A person commits the crime of initiating a false report if the person knowingly initiates a false alarm or report that is transmitted to a fire department, law enforcement agency or other organization that deals with emergencies involving danger to life or property. (2) Initi…

(1) A person commits the crime of giving false information to a peace officer in connection with a citation or warrant if the person knowingly uses or gives a false or fictitious name, address or date of birth to any peace officer when: (a) The peace officer is issuing or serving…

(1) A public servant commits the crime of official misconduct in the second degree if the person knowingly violates any statute relating to the office of the person. (2) Official misconduct in the second degree is a Class C misdemeanor. [1971 c.743 §214]

(1) A public servant commits the crime of official misconduct in the first degree if: (a) With intent to obtain a benefit or to harm another: (A) The public servant knowingly fails to perform a duty imposed upon the public servant by law or one clearly inherent in the nature of o…

(1) A public servant commits the crime of misuse of confidential information if in contemplation of official action by the public servant or by a governmental unit with which the public servant is associated, or in reliance on information to which the public servant has access in…

Any person not a member of the Legislative Assembly who engages in conduct in or near the legislative chambers of either house or in or near any meeting of a joint, standing, interim or special committee of either house, wherever held, with the intention of interrupting, disrupti…

(1) A person commits the crime of unlawful legislative lobbying if, having an interest in the passage or defeat of a measure being considered by either house of the Legislative Assembly of this state, as either an agent or principal, the person knowingly attempts to influence a m…

(1) A person commits criminal homicide if, without justification or excuse, the person intentionally, knowingly, recklessly or with criminal negligence causes the death of another human being. (2) “Criminal homicide” is murder, manslaughter, criminally negligent homicide or aggra…

As used in ORS 163.105 and this section, “aggravated murder” means: (1) Criminal homicide of two or more persons that is premeditated and committed intentionally and with the intent to: (a) Intimidate, injure or coerce a civilian population; (b) Influence the policy of a governme…

Notwithstanding the provisions of ORS chapter 144 and ORS 421.450 to 421.490: (1)(a) Except as otherwise provided in ORS 137.707, when a defendant is convicted of aggravated murder as defined by ORS 163.095, the defendant shall be sentenced, pursuant to ORS 163.150, to death, lif…

(1) “Murder in the first degree” means murder in the second degree as defined in ORS 163.115 which is committed under, or accompanied by, any of the following circumstances: (a) The defendant committed the murder pursuant to an agreement that the defendant receive money or other …

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 …