Oregon Statutes - Chapter 163 - Offenses Against Persons

• 163.005   Criminal homicide.
  (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...
• 163.010   [Amended by 1963 c.625 §4; repealed by 1971 c.743 §432]
• 163.020   [Amended by 1963 c.625; §5; repealed by 1971 c.743 §432]
• 163.030   [Repealed by 1963 c.431 §1]
• 163.040   [Repealed by 1971 c.743 §432]
• 163.050   [Repealed by 1971 c.743 §432]
• 163.060   [Repealed by 1969 c.684 §17]
• 163.070   [Repealed by 1971 c.743 §432]
• 163.080   [Repealed by 1971 c.743 §432]
• 163.090   [Amended by 1953 c.676 §2; repealed by 1957 c.396 §1 (163.091 enacted in lieu of 163.090)]
• 163.091   [1957 c.396 §2 (enacted in lieu of 163.090); repealed by 1971 c.743 §432]
• 163.095   “Aggravated murder” defined.
  As used in ORS 163.105 and this section, “aggravated murder” means murder as defined in ORS 163.115 which is committed under, or accompanied by, any...
• 163.100   [Amended by 1967 c.372 §12; repealed by 1971 c.743 §432]
• 163.103   Pleading, proof and stipulation regarding previous conviction element in aggravated murder case.
  (1) In a prosecution for aggravated murder under ORS 163.095 (1)(c), the state shall plead the previous conviction, and shall prove the previous conviction unless...
• 163.105   Sentencing options for aggravated murder.
  Notwithstanding the provisions of ORS chapter 144 and ORS 421.450 to 421.490: (1)(a) Except as otherwise provided in ORS 137.700, when a defendant is convicted...
• 163.110   [Repealed by 1971 c.743 §432]
• 163.115   Murder; affirmative defense to certain felony murders; sentence of life imprisonment required; minimum term.
  (1) Except as provided in ORS 163.118 and 163.125, criminal homicide constitutes murder: (a) When it is committed intentionally, except that it is an affirmative...
• 163.116   [1979 c.2 §3; repealed by 1981 c.873 §9]
• 163.117   Aiding commission of suicide not murder.
  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,...
• 163.118   Manslaughter in the first degree.
  (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...
• 163.120   [Repealed by 1971 c.743 §432]
• 163.125   Manslaughter in the second degree.
  (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...
• 163.130   [Repealed by 1971 c.743 §432]
• 163.135   Extreme emotional disturbance as affirmative defense to murder; notice of expert testimony; right of state to psychiatric or psychological examination.
  (1) It is an affirmative defense to murder for purposes of ORS 163.115 (1)(a) that the homicide was committed under the influence of extreme emotional...
• 163.140   [Repealed by 1971 c.743 §432]
• 163.145   Criminally negligent homicide.
  (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...
• 163.147   Crime category classification for manslaughter in second degree and criminally negligent homicide.
  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...
• 163.149   Aggravated vehicular homicide.
  (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...
• 163.150   Sentencing for aggravated murder; proceedings; issues for jury.
  (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...
• 163.160   Assault in the fourth degree.
  (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;...
• 163.165   Assault in the third degree.
  (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...
• 163.175   Assault in the second degree.
  (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;...
• 163.185   Assault in the first degree.
  (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...
• 163.187   Strangulation.
  (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:...
• 163.190   Menacing.
  (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...
• 163.195   Recklessly endangering another person.
  (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...
• 163.197   Hazing.
  (1) No fraternity, sorority or other student organization organized or operating on a college or university campus for purposes of participating in student activities of...
• 163.200   Criminal mistreatment in the second degree.
  (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...
• 163.205   Criminal mistreatment in the first degree.
  (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...
• 163.206   Application of ORS 163.200 and 163.205.
  ORS 163.200 and 163.205 do not apply: (1) To a person acting pursuant to a court order, an advance directive or a power of attorney...
• 163.207   Female genital mutilation.
  (1) A person commits the crime of female genital mutilation if the person: (a) Knowingly circumcises, excises or infibulates the whole or any part of...
• 163.208   Assaulting a public safety officer.
  (1) A person commits the crime of assaulting a public safety officer if the person intentionally or knowingly causes physical injury to the other person,...
• 163.210   [Repealed by 1971 c.743 §432]
• 163.211   Definitions for ORS 163.211 to 163.213.
  As used in ORS 163.211 to 163.213: (1) “Corrections officer” and “parole and probation officer” have the meanings given those terms in ORS 181.610. (2)...
• 163.212   Unlawful use of an electrical stun gun, tear gas or mace in the second degree.
  (1) A person commits the crime of unlawful use of an electrical stun gun, tear gas or mace in the second degree if the person...
• 163.213   Unlawful use of an electrical stun gun, tear gas or mace in the first degree.
  (1) A person commits the crime of unlawful use of an electrical stun gun, tear gas or mace in the first degree if the person...
• 163.215   Definitions for ORS 163.215 to 163.257.
  As used in ORS 163.215 to 163.257, unless the context requires otherwise: (1) “Without consent” means that the taking or confinement is accomplished by force,...
• 163.220   [Repealed by 1971 c.743 §432]
• 163.225   Kidnapping in the second degree.
  (1) A person commits the crime of kidnapping in the second degree if, with intent to interfere substantially with another’s personal liberty, and without consent...
• 163.230   [Repealed by 1971 c.743 §432]
• 163.235   Kidnapping in the first degree.
  (1) A person commits the crime of kidnapping in the first degree if the person violates ORS 163.225 with any of the following purposes: (a)...
• 163.240   [Repealed by 1971 c.743 §432]
• 163.245   Custodial interference in the second degree.
  (1) A person commits the crime of custodial interference in the second degree if, knowing or having reason to know that the person has no...
• 163.250   [Repealed by 1971 c.743 §432]
• 163.255   [1955 c.530 §1; repealed by 1971 c.743 §432]
• 163.257   Custodial interference in the first degree.
  (1) A person commits the crime of custodial interference in the first degree if the person violates ORS 163.245 and: (a) Causes the person taken,...
• 163.260   [Amended by 1955 c.366 §1; repealed by 1971 c.743 §432]
• 163.261   Definitions for ORS 163.263 and 163.264.
  As used in ORS 163.263 and 163.264, “services” means activities performed by one person under the supervision or for the benefit of another person. [2007...
• 163.263   Subjecting another person to involuntary servitude in the second degree.
  (1) A person commits the crime of subjecting another person to involuntary servitude in the second degree if the person knowingly and without lawful authority...
• 163.264   Subjecting another person to involuntary servitude in the first degree.
  (1) A person commits the crime of subjecting another person to involuntary servitude in the first degree if the person knowingly and without lawful authority...
• 163.266   Trafficking in persons.
  (1) A person commits the crime of trafficking in persons if the person knowingly: (a) Recruits, entices, harbors, transports, provides or obtains by any means,...
• 163.269   Victim assertion of defense of duress.
  A person who is the victim of a crime described in ORS 163.263, 163.264 or 163.266 may assert the defense of duress, as described in...
• 163.270   [Amended by 1955 c.371 §1; 1957 c.640 §1; repealed by 1971 c.743 §432]
• 163.275   Coercion.
  (1) A person commits the crime of coercion when the person compels or induces another person to engage in conduct from which the other person...
• 163.280   [Amended by 1957 c.640 §2; repealed by 1971 c.743 §432]
• 163.285   Defense to coercion.
  In any prosecution for coercion committed by instilling in the victim a fear that the victim or another person would be charged with a crime,...
• 163.290   [Repealed by 1971 c.743 §432]
• 163.300   [Repealed by 1971 c.743 §432]
• 163.305   Definitions.
  As used in chapter 743, Oregon Laws 1971, unless the context requires otherwise: (1) “Deviate sexual intercourse” means sexual conduct between persons consisting of contact...
• 163.310   [Renumbered 166.180]
• 163.315   Incapacity to consent; effect of lack of resistance.
  (1) A person is considered incapable of consenting to a sexual act if the person is: (a) Under 18 years of age; (b) Mentally defective;...
• 163.320   [Renumbered 166.190]
• 163.325   Ignorance or mistake as a defense.
  (1) In any prosecution under ORS 163.355 to 163.445 in which the criminality of conduct depends on a child’s being under the age of 16,...
• 163.330   [Repealed by 1971 c.743 §432]
• 163.335   [1971 c.743 §107; repealed by 1977 c.844 §2]
• 163.340   [Repealed by 1971 c.743 §432]
• 163.345   Age as a defense in certain cases.
  (1) In any prosecution under ORS 163.355, 163.365, 163.385, 163.395, 163.415, 163.425, 163.427 or 163.435 in which the victim’s lack of consent was due solely...
• 163.355   Rape in the third degree.
  (1) A person commits the crime of rape in the third degree if the person has sexual intercourse with another person under 16 years of...
• 163.365   Rape in the second degree.
  (1) A person who has sexual intercourse with another person commits the crime of rape in the second degree if the other person is under...
• 163.375   Rape in the first degree.
  (1) A person who has sexual intercourse with another person commits the crime of rape in the first degree if: (a) The victim is subjected...
• 163.385   Sodomy in the third degree.
  (1) A person commits the crime of sodomy in the third degree if the person engages in deviate sexual intercourse with another person under 16...
• 163.395   Sodomy in the second degree.
  (1) A person who engages in deviate sexual intercourse with another person or causes another to engage in deviate sexual intercourse commits the crime of...
• 163.405   Sodomy in the first degree.
  (1) A person who engages in deviate sexual intercourse with another person or causes another to engage in deviate sexual intercourse commits the crime of...
• 163.408   Unlawful sexual penetration in the second degree.
  (1) Except as permitted under ORS 163.412, a person commits the crime of unlawful sexual penetration in the second degree if the person penetrates the...
• 163.410   [Repealed by 1971 c.743 §432]
• 163.411   Unlawful sexual penetration in the first degree.
  (1) Except as permitted under ORS 163.412, a person commits the crime of unlawful sexual penetration in the first degree if the person penetrates the...
• 163.412   Exceptions to unlawful sexual penetration prohibition.
  Nothing in ORS 163.408, 163.411 or 163.452 prohibits a penetration described in those sections when: (1) The penetration is part of a medically recognized treatment...
• 163.415   Sexual abuse in the third degree.
  (1) A person commits the crime of sexual abuse in the third degree if the person subjects another person to sexual contact and: (a) The...
• 163.420   [Repealed by 1971 c.743 §432]
• 163.425   Sexual abuse in the second degree.
  (1) A person commits the crime of sexual abuse in the second degree when that person subjects another person to sexual intercourse, deviate sexual intercourse...
• 163.427   Sexual abuse in the first degree.
  (1) A person commits the crime of sexual abuse in the first degree when that person: (a) Subjects another person to sexual contact and: (A)...
• 163.430   [Amended by 1967 c.359 §683; repealed by 1971 c.743 §432]
• 163.431   Definitions for ORS 163.432 to 163.434.
  As used in ORS 163.432 to 163.434: (1) “Child” means a person who the defendant reasonably believes to be under 16 years of age. (2)...
• 163.432   Online sexual corruption of a child in the second degree.
  (1) A person commits the crime of online sexual corruption of a child in the second degree if the person is 18 years of age...
• 163.433   Online sexual corruption of a child in the first degree.
  (1) A person commits the crime of online sexual corruption of a child in the first degree if the person violates ORS 163.432 and intentionally...
• 163.434   Provisions applicable to online sexual corruption of a child.
  (1) It is an affirmative defense to a prosecution for online sexual corruption of a child in the first or second degree that the person...
• 163.435   Contributing to the sexual delinquency of a minor.
  (1) A person 18 years of age or older commits the crime of contributing to the sexual delinquency of a minor if: (a) Being a...
• 163.440   [Repealed by 1971 c.743 §432]
• 163.445   Sexual misconduct.
  (1) A person commits the crime of sexual misconduct if the person engages in sexual intercourse or deviate sexual intercourse with an unmarried person under...
• 163.448   Definitions for ORS 163.452 and 163.454.
  As used in ORS 163.452 and 163.454, “correctional facility” has the meaning given that term in ORS 162.135. [2005 c.488 §2]
• 163.450   [Repealed by 1971 c.743 §432]
• 163.452   Custodial sexual misconduct in the first degree.
  (1) A person commits the crime of custodial sexual misconduct in the first degree if the person: (a) Engages in sexual intercourse or deviate sexual...
• 163.454   Custodial sexual misconduct in the second degree.
  (1) A person commits the crime of custodial sexual misconduct in the second degree if the person: (a) Engages in sexual contact with another person...
• 163.455   [1971 c.743 §119; repealed by 1983 c.546 §1]
• 163.460   [Repealed by 1971 c.743 §432]
• 163.465   Public indecency.
  (1) A person commits the crime of public indecency if while in, or in view of, a public place the person performs: (a) An act...
• 163.466   Public indecency; felony; sentencing classification.
  The Oregon Criminal Justice Commission shall classify felony public indecency as a person felony and crime category 6 of the sentencing guidelines grid of the...
• 163.467   Private indecency.
  (1) A person commits the crime of private indecency if the person exposes the genitals of the person with the intent of arousing the sexual...
• 163.470   [Repealed by 1971 c.743 §432]
• 163.475   [1975 c.176 §2; 1977 c.822 §1; repealed by 1981 c.892 §98]
• 163.476   Unlawfully being in a location where children regularly congregate.
  (1) A person commits the crime of unlawfully being in a location where children regularly congregate if the person: (a)(A) Has been designated a sexually...
• 163.477   [1979 c.706 §3; repealed by 1985 c.557 §10]
• 163.479   Unlawful contact with a child.
  (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...
• 163.480   [Amended by 1963 c.406 §1; repealed by 1971 c.743 §432]
• 163.483   [1979 c.706 §2; 1983 c.740 §30; repealed by 1985 c.557 §10]
• 163.485   [1979 c.706 §4; repealed by 1985 c.557 §10]
• 163.490   [Repealed by 1971 c.743 §432]
• 163.495   [1979 c.706 §5; 1987 c.158 §25; 1987 c.864 §14; renumbered 163.676 in 1987]
• 163.500   [Repealed by 1971 c.743 §432]
• 163.505   Definitions for certain provisions of ORS 163.505 to 163.575.
  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)...
• 163.515   Bigamy.
  (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...
• 163.525   Incest.
  (1) A person commits the crime of incest if the person marries or engages in sexual intercourse or deviate sexual intercourse with a person whom...
• 163.535   Abandonment of a child.
  (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...
• 163.537   Buying or selling a person under 18 years of age.
  (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...
• 163.545   Child neglect in the second degree.
  (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...
• 163.547   Child neglect in the first degree.
  (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...
• 163.555   Criminal nonsupport.
  (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...
• 163.565   Evidence of paternity; confidentiality between husband and wife not applicable; spouses competent and compellable witnesses.
  (1) Proof that a child was born to a woman during the time a man lived and cohabited with her, or held her out as...
• 163.575   Endangering the welfare of a minor.
  (1) A person commits the crime of endangering the welfare of a minor if the person knowingly: (a) Induces, causes or permits an unmarried person...
• 163.577   Failing to supervise a child.
  (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...
• 163.580   Posting of signs concerning sale of smoking devices.
  (1) Any person who sells any of the smoking devices listed in ORS 163.575 (1)(e) shall display a sign clearly stating that the sale of...
• 163.605   [1971 c.743 §287; repealed by 1985 c.366 §1]
• 163.610   [Repealed by 1971 c.743 §432]
• 163.620   [Repealed by 1971 c.743 §432]
• 163.630   [Repealed by 1971 c.743 §432]
• 163.635   [1955 c.308 §1; repealed by 1971 c.743 §432]
• 163.640   [Repealed by 1971 c.743 §432]
• 163.650   [Repealed by 1971 c.743 §432]
• 163.660   [Repealed by 1971 c.743 §432]
• 163.665   Definitions for ORS 163.670 to 163.693.
  As used in ORS 163.670 to 163.693: (1) “Child” means a person who is less than 18 years of age, and any reference to a...
• 163.670   Using child in display of sexually explicit conduct.
  (1) A person commits the crime of using a child in a display of sexually explicit conduct if the person employs, authorizes, permits, compels or...
• 163.672   [1991 c.664 §2; repealed by 1995 c.768 §16]
• 163.673   [1987 c.864 §4; 1991 c.664 §6; repealed by 1995 c.768 §16]
• 163.675   [1985 c.557 §4; repealed by 1987 c.864 §15]
• 163.676   Exemption from prosecution under ORS 163.684.
  (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...
• 163.677   [1987 c.864 §5; 1991 c.664 §7; repealed by 1995 c.768 §16]
• 163.680   [1985 c.557 §5; 1987 c.158 §26; 1987 c.864 §9; 1991 c.664 §8; repealed by 1995 c.768 §16]
• 163.682   Exceptions to ORS 163.665 to 163.693.
  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...
• 163.683   [1987 c.864 §11; repealed by 1991 c.664 §12]
• 163.684   Encouraging child sexual abuse in the first degree.
  (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,...
• 163.685   [1985 c.557 §6; 1987 c.864 §12; repealed by 1991 c.664 §12]
• 163.686   Encouraging child sexual abuse in the second degree.
  (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 any photograph,...
• 163.687   Encouraging child sexual abuse in the third degree.
  (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 any photograph,...
• 163.688   Possession of materials depicting sexually explicit conduct of a child in the first degree.
  (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)...
• 163.689   Possession of materials depicting sexually explicit conduct of a child in the second degree.
  (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)...
• 163.690   Lack of knowledge of age of child as affirmative defense.
  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...
• 163.693   Failure to report child pornography.
  (1) A person commits the crime of failure to report child pornography if the person, in the course of processing or producing a photograph, motion...
• 163.695   [1987 c.864 §8; 1991 c.664 §11; 1995 c.768 §7; repealed by 2001 c.666 §56]
• 163.696   [2001 c.666 §49; repealed by 2005 c.830 §48]
• 163.700   Invasion of personal privacy.
  (1) Except as provided in ORS 163.702, a person commits the crime of invasion of personal privacy if: (a)(A) The person knowingly makes or records...
• 163.702   Exceptions to ORS 163.700.
  The provisions of ORS 163.700 do not apply to: (1) Any legitimate medical procedure performed by or under the direction of a person licensed to...
• 163.705   Polygraph examination of victims in certain criminal cases prohibited.
  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...
• 163.707   Forfeiture of motor vehicle used in drive-by shooting.
  (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...
• 163.709   Unlawful directing of light from a laser pointer.
  (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...
• 163.730   Definitions for ORS 30.866 and 163.730 to 163.750.
  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...
• 163.732   Stalking.
  (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...
• 163.735   Citation; form.
  (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...
• 163.738   Effect of citation; contents; hearing; court’s order; use of statements made at hearing.
  (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...
• 163.741   Service of order; entry of order into law enforcement data systems.
  (1) Whenever a stalking protective order, as authorized by ORS 163.735 or 163.738, is issued and the person to be restrained has actual notice thereof,...
• 163.744   Initiation of action to obtain a citation; complaint form.
  (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...
• 163.747   [1993 c.626 §7; repealed by 1995 c.353 §10]
• 163.750   Violating court’s stalking protective order.
  (1) A person commits the crime of violating a court’s stalking protective order when: (a) The person has been served with a court’s stalking protective...
• 163.753   Immunity of officer acting in good faith.
  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...
• 163.755   Activities for which stalking protective order may not be issued.
  (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...

Last modified: August 7, 2008