Title 16, Crimes and Punishments

(1) Except as provided in ORS 166.220, any person is guilty of a violation who discharges or attempts to discharge any blowgun, bow and arrow, crossbow, air rifle or firearm: (a) Upon or across any highway, railroad right of way or other public road in this state, or upon or acro…

(1) A person shall not knowingly throw an object at, drop an object on, or discharge a bow and arrow, air rifle, rifle, gun, revolver or other firearm at a railroad train, a person on a railroad train or a commodity being transported on a railroad train. This subsection does not …

(1) Any person who knowingly or recklessly discharges any bow and arrow, gun, air gun or other firearm upon or across any airport operational surface commits a Class A misdemeanor. Any bow and arrow, gun, air gun or other firearm in the possession of the person that was used in c…

As used in this section and ORS 166.642 and 166.643: (1) “Body armor” means any clothing or equipment designed in whole or in part to minimize the risk of injury from a deadly weapon. (2) “Deadly weapon” has the meaning given that term in ORS 161.015. (3) “Misdemeanor involving v…

(1) A person commits the crime of felon in possession of body armor if the person: (a) Has been convicted of a felony or misdemeanor involving violence under the law of any state or the United States; and (b) Knowingly is in possession or control of body armor. (2) Felon in posse…

(1) A person commits the crime of unlawful possession of body armor if the person, while committing or attempting to commit a felony or misdemeanor involving violence, knowingly: (a) Wears body armor; and (b) Possesses a deadly weapon. (2) Unlawful possession of body armor is a C…

(1) Hunting in cemeteries is prohibited. (2) As used in subsection (1) of this section “hunting” has the meaning for that term provided in ORS 496.004. (3) Violation of subsection (1) of this section is a misdemeanor. [1973 c.468 §2; 1987 c.158 §30]

(1) A person commits the crime of throwing an object off an overpass in the second degree if the person: (a) With criminal negligence throws an object off an overpass; and (b) Knows, or reasonably should have known, that the object was of a type or size to cause damage to any per…

(1) A person commits the crime of throwing an object off an overpass in the first degree if the person: (a) Recklessly throws an object off an overpass; and (b) Knows, or reasonably should have known, that the object was of a type or size to cause damage to any person or vehicle …

(1) A person commits the crime of unlawful paramilitary activity if the person: (a) Exhibits, displays or demonstrates to another person the use, application or making of any firearm, explosive or incendiary device or any technique capable of causing injury or death to persons an…

(1) A person may not cast from a motor vehicle an artificial light while there is in the possession or in the immediate physical presence of the person a bow and arrow or a firearm. (2) Subsection (1) of this section does not apply to a person casting an artificial light: (a) Fro…

As used in ORS 166.715 to 166.735, unless the context requires otherwise: (1) “Documentary material” means any book, paper, document, writing, drawing, graph, chart, photograph, phonograph record, magnetic tape, computer printout, other data compilation from which information can…

(1) It is unlawful for any person who has knowingly received any proceeds derived, directly or indirectly, from a pattern of racketeering activity or through the collection of an unlawful debt to use or invest, whether directly or indirectly, any part of such proceeds, or the pro…

(1) Any circuit court may, after making due provision for the rights of innocent persons, enjoin violations of the provisions of ORS 166.720 (1) to (4) by issuing appropriate orders and judgments, including, but not limited to: (a) Ordering a divestiture by the defendant of any i…

(1) If, pursuant to the civil enforcement provisions of ORS 166.725, an investigative agency has reason to believe that a person or other enterprise has engaged in, or is engaging in, activity in violation of ORS 166.715 to 166.735, the investigative agency may administer oaths o…

(1) ORS 166.715 to 166.735 may be cited as the Oregon Racketeer Influenced and Corrupt Organization Act. (2) The provisions of ORS 166.715 to 166.735 shall be liberally construed to effectuate its remedial purposes. [1981 c.769 §§1,7; 1983 c.715 §4] _______________

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…