Title 16, Crimes and Punishments

(1) A person commits the crime of unlawful contact with a child if the person: (a)(A) Has been designated a sexually violent dangerous offender under ORS 137.765; (B) Has been classified as a level three sex offender under ORS 163A.100 (3); (C) Has been sentenced as a dangerous o…

As used in ORS 163.505 to 163.575, unless the context requires otherwise: (1) “Controlled substance” has the meaning given that term in ORS 475.005. (2) “Descendant” includes persons related by descending lineal consanguinity, stepchildren and lawfully adopted children. (3) “Prec…

(1) A person commits the crime of bigamy if the person knowingly marries or purports to marry another person at a time when either is lawfully married. (2) Bigamy is a Class C felony. [1971 c.743 §171]

(1) A person commits the crime of incest if the person marries or engages in sexual intercourse or oral or anal sexual intercourse with a person whom the person knows to be related to the person, either legitimately or illegitimately, as an ancestor, descendant or brother or sist…

(1) A person commits the crime of abandonment of a child if, being a parent, lawful guardian or other person lawfully charged with the care or custody of a child under 15 years of age, the person deserts the child in any place with intent to abandon it. (2) Abandonment of a child…

(1) A person commits the crime of buying or selling a person under 18 years of age if the person buys, sells, barters, trades or offers to buy or sell the legal or physical custody of a person under 18 years of age. (2) Subsection (1) of this section does not: (a) Prohibit a pers…

(1) A person having custody or control of a child under 10 years of age commits the crime of child neglect in the second degree if, with criminal negligence, the person leaves the child unattended in or at any place for such period of time as may be likely to endanger the health …

(1)(a) A person having custody or control of a child under 16 years of age commits the crime of child neglect in the first degree if the person knowingly leaves the child, or allows the child to stay: (A) In a vehicle where controlled substances or cannabinoid extracts as defined…

(1) A person commits the crime of criminal nonsupport if, being the parent, lawful guardian or other person lawfully charged with the support of a child under 18 years of age, born in or out of wedlock, the person knowingly fails to provide support for such child. (2) It is no de…

(1) Proof that a child was born during the time a person lived and cohabited with the child’s mother, or held the child’s mother out as that person’s spouse in a marriage, is prima facie evidence that the person is the parent of the child. This subsection does not exclude any oth…

(1) A person commits the offense of endangering the welfare of a minor if the person knowingly: (a) Induces, causes or permits an unmarried person under 18 years of age to witness an act of sexual conduct or sadomasochistic abuse as defined in ORS 167.060; (b) Permits a person un…

(1) A person commits the offense of failing to supervise a child if the person is the parent, lawful guardian or other person lawfully charged with the care or custody of a child under 15 years of age and the child: (a) Commits an act that brings the child within the jurisdiction…

(1) A person who sells any of the smoking devices listed in ORS 163.575 (1)(d) shall display a sign clearly stating that the sale of such devices to persons under 18 years of age is prohibited by law. (2) A person who violates this section commits a Class B violation. [1981 c.838…

As used in ORS 163.665 to 163.693: (1) “Child” means a person who is less than 18 years of age, and any reference to a child in relation to a visual recording of the child is a reference to a person who was less than 18 years of age at the time the original image in the visual re…

(1) A person commits the crime of using a child in a display of sexually explicit conduct if the person: (a) Employs, authorizes, permits, compels or induces a child to participate or engage in sexually explicit conduct for any person to observe or to record in a visual recording…

(1) No employee is liable to prosecution under ORS 163.684 or under any city or home rule county ordinance for exhibiting or possessing with intent to exhibit any obscene matter or performance provided the employee is acting within the scope of regular employment at a showing ope…

The provisions of ORS 163.665 to 163.693 do not apply to: (1) Any legitimate medical procedure performed by or under the direction of a person licensed to provide medical services for the purpose of medical diagnosis or treatment, including the recording of medical procedures; (2…

(1) A person commits the crime of encouraging child sexual abuse in the first degree if the person: (a)(A) Knowingly develops, duplicates, publishes, prints, disseminates, exchanges, displays, finances, attempts to finance or sells a visual recording of sexually explicit conduct …

(1) A person commits the crime of encouraging child sexual abuse in the second degree if the person: (a)(A)(i) Knowingly possesses or controls, or knowingly accesses with the intent to view, a visual recording of sexually explicit conduct involving a child for the purpose of arou…

(1) A person commits the crime of encouraging child sexual abuse in the third degree if the person: (a)(A)(i) Knowingly possesses or controls, or knowingly accesses with the intent to view, a visual recording of sexually explicit conduct involving a child for the purpose of arous…

(1) A person commits the crime of possession of materials depicting sexually explicit conduct of a child in the first degree if the person: (a) Knowingly possesses, accesses or views a visual depiction of sexually explicit conduct involving a child or a visual depiction of sexual…

(1) A person commits the crime of possession of materials depicting sexually explicit conduct of a child in the second degree if the person: (a) Knowingly possesses, accesses or views a visual depiction of sexually explicit conduct involving a child or a visual depiction of sexua…

It is an affirmative defense to any prosecution under ORS 163.684, 163.686, 163.687 or 163.693 that the defendant, at the time of engaging in the conduct prohibited therein, did not know and did not have reason to know that the relevant sexually explicit conduct involved a child.…

(1) As used in this section: (a) “Computer technician” means a person who repairs, installs or otherwise services a computer, computer network or computer system for compensation. (b) “Processor of photographic images” means a person who develops, processes, reproduces, transfers…

(1) Except as provided in ORS 163.702, a person commits the crime of invasion of personal privacy in the second degree if: (a)(A) For the purpose of arousing or gratifying the sexual desire of the person, the person is in a location to observe another person in a state of nudity …

(1) Except as provided in ORS 163.702, a person commits the crime of invasion of personal privacy in the first degree if: (a)(A) The person knowingly makes or records a photograph, motion picture, videotape or other visual recording of another person in a state of nudity without …

(1) The provisions of ORS 163.700 and 163.701 do not apply to: (a) Any legitimate medical procedure performed by or under the direction of a person licensed to provide medical service for the purpose of medical diagnosis, treatment, education or research, including, but not limit…

No district attorney or other law enforcement officer or investigator involved in the investigation or prosecution of crimes, or any employee thereof, shall require any complaining witness in a case involving the use of force, violence, duress, menace or threat of physical injury…

(1) A motor vehicle used by the owner in a drive-by shooting is subject to civil in rem forfeiture. (2) Seizure and forfeiture proceedings under this section shall be conducted in accordance with ORS chapter 131A. (3) As used in this section, “drive-by shooting” means discharge o…

(1) A person commits the offense of unlawful directing of light from a laser pointer if the person knowingly directs light from a laser pointer at another person without the consent of the other person and the other person is: (a) A peace officer as defined in ORS 161.015 who is …

(1) A person commits the crime of unlawful use of a global positioning system device if the person knowingly affixes a global positioning system device to a motor vehicle without consent of the owner of the motor vehicle. (2)(a) Except as provided in paragraph (b) of this subsect…

(1) A person commits the crime of unlawful disclosure of private information if: (a) The person, with the intent to stalk or injure another person, or to cause damage to another person’s property, knowingly causes the other person’s personal information to be disclosed; (b) The p…

As used in ORS 30.866 and 163.730 to 163.750, unless the context requires otherwise: (1) “Alarm” means to cause apprehension or fear resulting from the perception of danger. (2) “Coerce” means to restrain, compel or dominate by force or threat. (3) “Contact” includes but is not l…

(1) A person commits the crime of stalking if: (a) The person knowingly alarms or coerces another person or a member of that person’s immediate family or household by engaging in repeated and unwanted contact with the other person; (b) It is objectively reasonable for a person in…

(1) Upon a complaint initiated as provided in ORS 163.744, a law enforcement officer shall issue a citation ordering the person to appear in court within three judicial days and show cause why the court should not enter a court’s stalking protective order when the officer has pro…

(1)(a) A citation shall notify the respondent of a circuit court hearing where the respondent shall appear at the place and time set forth in the citation. The citation shall contain: (A) The name of the court at which the respondent is to appear; (B) The name of the respondent; …

(1) Service of a stalking protective order shall be made by personal delivery of a copy of the order to the respondent. The respondent need not be served if an order of the court indicates that the respondent appeared in person before the court. (2) Whenever a stalking protective…

(1) A person may initiate an action seeking a citation under ORS 163.735 by presenting a complaint to a law enforcement officer or to any law enforcement agency. The complaint shall be a statement setting forth with particularity the conduct that is the basis for the complaint. T…

(1) A person commits the crime of violating a court’s stalking protective order if: (a) The person has been served with a court’s stalking protective order as provided in ORS 30.866 or 163.738, or service was waived under ORS 163.741 because the person appeared before the court; …

A law enforcement officer acting in good faith shall not be liable in any civil action for issuing or not issuing a citation under ORS 163.735. [1993 c.626 §11; 1995 c.353 §9] Note: See note under 163.730.

(1) Nothing in ORS 30.866 or 163.730 to 163.750 shall be construed to permit the issuance of a court’s stalking protective order under ORS 30.866 or 163.738, the issuance of a citation under ORS 163.735, a criminal prosecution under ORS 163.732 or a civil action under ORS 30.866:…

As used in ORS 163.760 to 163.777: (1) “Declaration under penalty of perjury,” “family or household members,” “interfere,” “intimidate,” “menace” and “molest” have the meanings given those terms in ORS 107.705. (2) “Sexual abuse” means sexual contact with: (a) A person who does n…

(1) A person who has been subjected to sexual abuse and who reasonably fears for the person’s physical safety may petition the circuit court for a restraining order if: (a) The person and the respondent are not family or household members; (b) The respondent is at least 18 years …

(1) When a petition is filed in accordance with ORS 163.763, the circuit court shall hold an ex parte hearing in person or by telephone on the day the petition is filed or on the following judicial day. Upon a finding that it is objectively reasonable for a person in the petition…

(1) If the respondent requests a hearing under ORS 163.765 (6), the circuit court shall hold the hearing within 21 days after the request. At the hearing, the circuit court may terminate or modify the restraining order issued under ORS 163.765. (2)(a) If service of a notice of he…

(1) A party may file a motion under ORS 45.400 requesting that the circuit court allow the appearance of the party or a witness by telephone or by other two-way electronic communication device in a proceeding under ORS 163.760 to 163.777. (2) In determining whether notice is give…

(1)(a) When a restraining order is issued in accordance with ORS 163.760 to 163.777 and the person to be restrained has actual notice of the restraining order, the clerk of the court or any other person serving the petition and the restraining order shall immediately deliver to a…

(1)(a) A circuit court may renew a restraining order entered under ORS 163.760 to 163.777 upon a finding that it is objectively reasonable for a person in the petitioner’s situation to fear for the person’s physical safety if the restraining order is not renewed. A finding that t…

(1)(a) A filing fee, service fee or hearing fee may not be charged for proceedings seeking only the relief provided under ORS 163.760 to 163.777. (b) An undertaking may not be required in any proceeding under ORS 163.760 to 163.777. (2) A proceeding under ORS 163.760 to 163.777 i…

As used in ORS 163A.005 to 163A.235: (1) “Another United States court” means a federal court, a military court, the tribal court of a federally recognized Indian tribe or a court of: (a) A state other than Oregon; (b) The District of Columbia; (c) The Commonwealth of Puerto Rico;…