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 enterprise” means an arrangement whereby two or
more prostitutes are organized to conduct prostitution activities.
(4) “Sexual conduct” means sexual intercourse or deviate sexual
intercourse.
(5) “Sexual contact” means any touching of the sexual organs or
other intimate parts of a person not married to the actor for the purpose
of arousing or gratifying the sexual desire of either party. [1971 c.743
§249; 1973 c.699 §5]
(1) A person commits the crime of
prostitution if:
(a) The person engages in or offers or agrees to engage in sexual
conduct or sexual contact in return for a fee; or
(b) The person pays or offers or agrees to pay a fee to engage in
sexual conduct or sexual contact.
(2) Prostitution is a Class A misdemeanor. [1971 c.743 §250; 1973
c.52 §1; 1973 c.699 §6] (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; or
(b) Induces or causes a person to engage in prostitution or to
remain in a place of prostitution; or
(c) Receives or agrees to receive money or other property, other
than as a prostitute being compensated for personally rendered
prostitution services, pursuant to an agreement or understanding that the
money or other property is derived from a prostitution activity; or
(d) Engages in any conduct that institutes, aids or facilitates an
act or enterprise of prostitution.
(2) Promoting prostitution is a Class C felony. [1971 c.743 §251]
(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
(b) Induces or causes a person under 18 years of age to engage in
prostitution; or
(c) Induces or causes the spouse, child or stepchild of the person
to engage in prostitution.
(2) Compelling prostitution is a Class B felony. [1971 c.743 §252] (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, spouses are competent and compellable witnesses for
or against either party. [1971 c.743 §254]
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
entertainment.
(2) “Displays publicly” means the exposing, placing, posting,
exhibiting, or in any fashion displaying in any location, whether public
or private, an item in such a manner that it may be readily seen and its
content or character distinguished by normal unaided vision viewing it
from a public thoroughfare, depot or vehicle.
(3) “Furnishes” means to sell, give, rent, loan or otherwise
provide.
(4) “Minor” means an unmarried person under 18 years of age.
(5) “Nudity” means uncovered, or less than opaquely covered,
post-pubertal human genitals, pubic areas, the post-pubertal human female
breast below a point immediately above the top of the areola, or the
covered human male genitals in a discernibly turgid state. For purposes
of this definition, a female breast is considered uncovered if the nipple
only or the nipple and areola only are covered.
(6) “Obscene performance” means a play, motion picture, dance, show
or other presentation, whether pictured, animated or live, performed
before an audience and which in whole or in part depicts or reveals
nudity, sexual conduct, sexual excitement or sadomasochistic abuse, or
which includes obscenities or explicit verbal descriptions or narrative
accounts of sexual conduct.
(7) “Obscenities” means those slang words currently generally
rejected for regular use in mixed society, that are used to refer to
genitals, female breasts, sexual conduct or excretory functions or
products, either that have no other meaning or that in context are
clearly used for their bodily, sexual or excretory meaning.
(8) “Public thoroughfare, depot or vehicle” means any street,
highway, park, depot or transportation platform, or other place, whether
indoors or out, or any vehicle for public transportation, owned or
operated by government, either directly or through a public corporation
or authority, or owned or operated by any agency of public transportation
that is designed for the use, enjoyment or transportation of the general
public.
(9) “Sadomasochistic abuse” means flagellation or torture by or
upon a person who is nude or clad in undergarments or in revealing or
bizarre costume, or the condition of being fettered, bound or otherwise
physically restrained on the part of one so clothed.
(10) “Sexual conduct” means human masturbation, sexual intercourse,
or any touching of the genitals, pubic areas or buttocks of the human
male or female, or the breasts of the female, whether alone or between
members of the same or opposite sex or between humans and animals in an
act of apparent sexual stimulation or gratification.
(11) “Sexual excitement” means the condition of human male or
female genitals or the breasts of the female when in a state of sexual
stimulation, or the sensual experiences of humans engaging in or
witnessing sexual conduct or nudity. [1971 c.743 §255] (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 live public show in which the participants engage in
sadomasochistic abuse or sexual conduct.
(4) Violation of subsection (3) of this section is a Class C felony.
(5) As used in ORS 167.002, 167.007, 167.087 and this section
unless the context requires otherwise:
(a) “Live public show” means a public show in which human beings,
animals, or both appear bodily before spectators or customers.
(b) “Public show” means any entertainment or exhibition advertised
or in some other fashion held out to be accessible to the public or
member of a club, whether or not an admission or other charge is levied
or collected and whether or not minors are admitted or excluded. [1973
c.699 §§2,3] (1) A person
commits the crime of furnishing obscene materials to minors if, knowing
or having good reason to know the character of the material furnished,
the person furnishes to a minor:
(a) Any picture, photograph, drawing, sculpture, motion picture,
film or other visual representation or image of a person or portion of
the human body that depicts nudity, sadomasochistic abuse, sexual conduct
or sexual excitement; or
(b) Any book, magazine, paperback, pamphlet or other written or
printed matter, however reproduced, or any sound recording which contains
matter of the nature described in paragraph (a) of this subsection, or
obscenities, or explicit verbal descriptions or narrative accounts of
sexual conduct, sexual excitement or sadomasochistic abuse.
(2) Furnishing obscene materials to minors is a Class A
misdemeanor. Notwithstanding ORS 161.635 and 161.655, a person convicted
under this section may be sentenced to pay a fine, fixed by the court,
not exceeding $10,000. [1971 c.743 §256] (1) A person commits
the crime of sending obscene materials to minors if, within this state,
the person knowingly arranges for or dispatches for delivery to a minor,
whether the delivery is to be made within or outside this state, by mail,
delivery service or any other means, any of the materials enumerated in
ORS 167.065.
(2) Unless the defendant knows or has good reason to know that the
person to whom the materials are sent is a minor, it is a defense to a
prosecution under this section that the defendant caused to be printed on
the outer package, wrapper or cover of the materials to be delivered, in
words or substance, “This package (wrapper) (publication) contains
material that, by Oregon law, cannot be furnished to a minor.”
(3) Sending obscene materials to minors is a Class A misdemeanor.
Notwithstanding ORS 161.635 and 161.655, a person convicted under this
section may be sentenced to pay a fine, fixed by the court, not exceeding
$10,000. [1971 c.743 §257](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 obscene performance to the minor; or
(b) Sells an admission ticket or other means to gain entrance to an
obscene performance to the minor; or
(c) Permits the admission of the minor to premises whereon there is
exhibited an obscene performance.
(2) No employee is liable to prosecution under this section or
under any city or home-rule county ordinance for exhibiting or possessing
with intent to exhibit any obscene motion picture provided the employee
is acting within the scope of regular employment at a showing open to the
public.
(3) As used in this section, “employee” means any person regularly
employed by the owner or operator of a motion picture theater if the
person has no financial interest other than salary or wages in the
ownership or operation of the motion picture theater, no financial
interest in or control over the selection of the motion pictures shown in
the theater, and is working within the motion picture theater where the
person is regularly employed, but does not include a manager of the
motion picture theater.
(4) Exhibiting an obscene performance to a minor is a Class A
misdemeanor. Notwithstanding ORS 161.635 and 161.655, a person convicted
under this section may be sentenced to pay a fine, fixed by the court,
not exceeding $10,000. [1971 c.743 §258] (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 minor to enter or
remain on the premises, if in that part of the premises where the minor
is so permitted to be, there is visibly displayed:
(a) Any picture, photograph, drawing, sculpture or other visual
representation or image of a person or portion of the human body that
depicts nudity, sexual conduct, sexual excitement or sadomasochistic
abuse; or
(b) Any book, magazine, paperback, pamphlet or other written or
printed matter, however reproduced, that reveals a person or portion of
the human body that depicts nudity, sexual conduct, sexual excitement or
sadomasochistic abuse.
(2) Displaying obscene materials to minors is a Class A
misdemeanor. Notwithstanding ORS 161.635 and 161.655, a person convicted
under this section may be sentenced to pay a fine, fixed by the court,
not exceeding $10,000. [1971 c.743 §259] In
any prosecution under ORS 167.065 to 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 in the course of employment as an employee of such
organization or of a retail outlet affiliated with and serving the
educational purpose of such organization;
(3) That the defendant was charged with furnishing, showing,
exhibiting or displaying an item, those portions of which might otherwise
be contraband forming merely an incidental part of an otherwise
nonoffending whole, and serving some purpose therein other than
titillation; or
(4) That the defendant had reasonable cause to believe that the
person involved was not a minor. [1971 c.743 §260; 1993 c.18 §27; 2001
c.607 §1] (1) A person commits the
crime of disseminating obscene material if the persons knowingly makes,
exhibits, sells, delivers or provides, or offers or agrees to make,
exhibit, sell, deliver or provide, or has in possession with intent to
exhibit, sell, deliver or provide any obscene writing, picture, motion
picture, films, slides, drawings or other visual reproduction.
(2) As used in subsection (1) of this section, matter is obscene if:
(a) It depicts or describes in a patently offensive manner
sadomasochistic abuse or sexual conduct;
(b) The average person applying contemporary state standards would
find the work, taken as a whole, appeals to the prurient interest in sex;
and
(c) Taken as a whole, it lacks serious literary, artistic,
political or scientific value.
(3) In any prosecution for a violation of this section, it shall be
relevant on the issue of knowledge to prove the advertising, publicity,
promotion, method of handling or labeling of the matter, including any
statement on the cover or back of any book or magazine.
(4) No employee is liable to prosecution under this section or
under any city or home-rule county ordinance for exhibiting or possessing
with intent to exhibit any obscene motion picture provided the employee
is acting within the scope of regular employment at a showing open to the
public.
(5) As used in this section, “employee” means an employee as
defined in ORS 167.075 (3).
(6) Disseminating obscene material is a Class A misdemeanor. [1973
c.699 §4]No employee of
a bona fide school, museum or public library, acting within the scope of
regular employment, is liable to prosecution for violation of ORS 167.087
or any city or home-rule county ordinance for disseminating writings,
films, slides, drawings, or other visual reproductions which are claimed
to be obscene. [1975 c.272 §2]
(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 image of
a person or portion of the human body that depicts nudity,
sadomasochistic abuse, sexual conduct or sexual excitement, or any page,
poster or other written or printed matter bearing such representation or
a verbal description or narrative account of such items or activities, or
any obscenities; or
(b) Permits any display described in this section on premises
owned, rented or operated by the person.
(2) Publicly displaying nudity or sex for advertising purposes is a
Class A misdemeanor. [1971 c.743 §261] 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 display was of nudity, exhibited by a bona fide
art, antique or similar gallery or exhibition, and visible in a normal
display setting. [1971 c.743 §262]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]GAMBLING OFFENSES 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) “Financial institution” has the meaning given that term in ORS
706.008.
(4) “Money transmission” has the meaning given that term in ORS
717.200. [2001 c.502 §4] (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 extended through the use of a credit
card;
(b) An electronic funds transfer or funds transmitted by or through
a money transmission business, or the proceeds of an electronic funds
transfer or money transmission service, from or on behalf of the other
person;
(c) Any check, draft or similar instrument that is drawn by or on
behalf of the other person and is drawn on or payable at or through any
financial institution; or
(d) The proceeds of any other form of financial transaction that
involves a financial institution as a payor or financial intermediary on
behalf of or for the benefit of the other person.
(2) Violation of subsection (1) of this section is a Class C
felony. [2001 c.502 §2]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 transaction, electronic funds transfer or money transmission
service that is not liable under ORS 167.109:
(1) May collect on any debt arising out of activities that are
illegal under ORS 167.109;
(2) Shall not be deemed to be participating in any activities that
are illegal under ORS 167.109 by reason of their processing transactions
arising out of such activities or collecting debts arising out of such
activities; and
(3) Shall not be liable under any provision of ORS 166.715 to
166.735 or 646.605 to 646.652 by reason of their processing transactions
arising out of activities that are illegal under ORS 167.109 or
collecting debts arising out of such activities. [2001 c.502 §3] (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 provisions of 15 U.S.C. 1172. [1999 c.193 §2; 2001 c.502 §6]Note: 167.116 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 167 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.
(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 who is present during the game
and who first covers or uncovers the selected numbers in a designated
combination, sequence or pattern.
(2) “Bookmaker” means a person who unlawfully accepts a bet from a
member of the public upon the outcome of a future contingent event and
who charges or accepts a percentage, fee or vigorish on the wager.
(3) “Bookmaking” means promoting gambling by unlawfully accepting
bets from members of the public as a business, rather than in a casual or
personal fashion, upon the outcomes of future contingent events.
(4) “Casino game” means any of the traditional gambling-based games
commonly known as dice, faro, monte, roulette, fan-tan, twenty-one,
blackjack, Texas hold-’em, seven-and-a-half, big injun, klondike, craps,
poker, chuck-a-luck, Chinese chuck-a-luck (dai shu), wheel of fortune,
chemin de fer, baccarat, pai gow, beat the banker, panquinqui, red dog,
acey-deucey, or any other gambling-based game similar in form or content.
(5)(a) “Charitable, fraternal or religious organization” means any
person that is:
(A) Organized and existing for charitable, benevolent,
eleemosynary, humane, patriotic, religious, philanthropic, recreational,
social, educational, civic, fraternal or other nonprofit purposes; and
(B) Exempt from payment of federal income taxes because of its
charitable, fraternal or religious purposes.
(b) The fact that contributions to an organization profiting from a
contest of chance do not qualify for a charitable deduction for tax
purposes or that the organization is not otherwise exempt from payment of
federal income taxes pursuant to the Internal Revenue Code of 1986, as
amended, constitutes prima facie evidence that the organization is not a
bona fide charitable, fraternal or religious organization.
(6) “Contest of chance” means any contest, game, gaming scheme or
gaming device in which the outcome depends in a material degree upon an
element of chance, notwithstanding that skill of the contestants may also
be a factor therein.
(7) “Gambling” means that a person stakes or risks something of
value upon the outcome of a contest of chance or a future contingent
event not under the control or influence of the person, upon an agreement
or understanding that the person or someone else will receive something
of value in the event of a certain outcome. “Gambling” does not include:
(a) Bona fide business transactions valid under the law of
contracts for the purchase or sale at a future date of securities or
commodities, and agreements to compensate for loss caused by the
happening of chance, including but not limited to contracts of indemnity
or guaranty and life, health or accident insurance.
(b) Engaging in contests of chance under the following conditions:
(A) The contest is played for some token other than money;
(B) An individual contestant may not purchase more than $100 worth
of tokens for use in the contest during any 24-hour period;
(C) The tokens may be exchanged only for property other than money;
(D) Except when the tokens are exchanged for a beverage or
merchandise to be consumed on the premises, the tokens are not redeemable
on the premises where the contest is conducted or within 50 miles
thereof; and
(E) Except for charitable, fraternal or religious organizations, no
person who conducts the contest as owner, agent or employee profits in
any manner from operation of the contest.
(c) Social games.
(d) Bingo, lotto or raffle games or Monte Carlo events operated in
compliance with ORS 167.118, by a charitable, fraternal or religious
organization licensed pursuant to ORS 167.118, 464.250 to 464.380 and
464.420 to 464.530 to operate such games.
(8) “Gambling device” means any device, machine, paraphernalia or
equipment that is used or usable in the playing phases of unlawful
gambling, whether it consists of gambling between persons or gambling by
a person involving the playing of a machine. Lottery tickets, policy
slips and other items used in the playing phases of lottery and policy
schemes are not gambling devices within this definition. Amusement
devices other than gray machines, that do not return to the operator or
player thereof anything but free additional games or plays, shall not be
considered to be gambling devices.
(9)(a) “Gray machine” means any electrical or electromechanical
device, whether or not it is in working order or some act of
manipulation, repair, adjustment or modification is required to render it
operational, that:
(A) Awards credits or contains or is readily adaptable to contain,
a circuit, meter or switch capable of removing or recording the removal
of credits earned by a player, other than removal during the course of
continuous play; or
(B) Plays, emulates or simulates a casino game, bingo or keno.
(b) A device is no less a gray machine because, apart from its use
or adaptability as such, it may also sell or deliver something of value
on the basis other than chance.
(c) “Gray machine” does not include:
(A) Any device commonly known as a personal computer, including any
device designed and marketed solely for home entertainment, when used
privately and not for a fee and not used to facilitate any form of
gambling;
(B) Any device operated under the authority of the Oregon State
Lottery;
(C) Any device manufactured or serviced but not operated in Oregon
by a manufacturer who has been approved under rules adopted by the Oregon
State Lottery Commission;
(D) A slot machine;
(E) Any device authorized by the Oregon State Lottery Commission
for:
(i) Display and demonstration purposes only at trade shows; or
(ii) Training and testing purposes by the Department of State
Police; or
(F) Any device used to operate bingo in compliance with ORS 167.118
by a charitable, fraternal or religious organization licensed to operate
bingo pursuant to ORS 167.118, 464.250 to 464.380 and 464.420 to 464.530.
(10) “Handle” means the total amount of money and other things of
value bet on the bingo, lotto or raffle games, the value of raffle
chances sold or the total amount collected from the sale of imitation
money during Monte Carlo events.
(11) “Internet” means an interactive computer service or system or
an information service, system or access software provider that provides
or enables computer access by multiple users to a computer server and
includes, but is not limited to, an information service, system or access
software provider that provides access to a network system commonly known
as the Internet, or any comparable system or service and also includes,
but is not limited to a World Wide Web page, newsgroup, message board,
mailing list or chat area on any interactive computer service or system
or other online service.
(12) “Lottery” or “policy” means an unlawful gambling scheme in
which:
(a) The players pay or agree to pay something of value for chances,
represented and differentiated by numbers or by combinations of numbers
or by some other medium, one or more of which chances are to be
designated the winning ones;
(b) The winning chances are to be determined by a drawing or by
some other method; and
(c) The holders of the winning chances are to receive something of
value.
(13) “Monte Carlo event” means a gambling event at which wagers are
placed with imitation money upon contests of chance in which players
compete against other players or against the house. As used in this
subsection, “imitation money” includes imitation currency, chips or
tokens.
(14) “Numbers scheme or enterprise” means a form of lottery in
which the winning chances or plays are not determined upon the basis of a
drawing or other act on the part of persons conducting or connected with
the scheme, but upon the basis of the outcome of a future contingent
event otherwise unrelated to the particular scheme.
(15) “Operating expenses” means those expenses incurred in the
operation of a bingo, lotto or raffle game, including only the following:
(a) Salaries, employee benefits, workers’ compensation coverage and
state and federal employee taxes;
(b) Security services;
(c) Legal and accounting services;
(d) Supplies and inventory;
(e) Rent, repairs, utilities, water, sewer and garbage;
(f) Insurance;
(g) Equipment;
(h) Printing and promotions;
(i) Postage and shipping;
(j) Janitorial services and supplies; and
(k) Leasehold improvements.
(16) “Player” means a person who engages in any form of gambling
solely as a contestant or bettor, without receiving or becoming entitled
to receive any profit therefrom other than personal gambling winnings,
and without otherwise rendering any material assistance to the
establishment, conduct or operation of the particular gambling activity.
A person who gambles at a social game of chance on equal terms with the
other participants therein is a person who does not otherwise render
material assistance to the establishment, conduct or operation thereof by
performing, without fee or remuneration, acts directed toward the
arrangement or facilitation of the game, such as inviting persons to
play, permitting the use of premises therefor and supplying cards or
other equipment used therein. A person who engages in bookmaking is not a
player.
(17) “Profits from unlawful gambling” means that a person, acting
other than solely as a player, accepts or receives money or other
property pursuant to an agreement or understanding with another person
whereby the person participates or is to participate in the proceeds of
unlawful gambling.
(18) “Promotes unlawful gambling” means that a person, acting other
than solely as a player, engages in conduct that materially aids any form
of unlawful gambling. Conduct of this nature includes, but is not limited
to, conduct directed toward the creation or establishment of the
particular game, contest, scheme, device or activity involved, toward the
acquisition or maintenance of premises, paraphernalia, equipment or
apparatus therefor, toward the solicitation or inducement of persons to
participate therein, toward the conduct of the playing phases thereof,
toward the arrangement of any of its financial or recording phases or
toward any other phase of its operation. A person promotes unlawful
gambling if, having control or right of control over premises being used
with the knowledge of the person for purposes of unlawful gambling, the
person permits the unlawful gambling to occur or continue or makes no
effort to prevent its occurrence or continuation.
(19) “Raffle” means a lottery operated by a charitable, fraternal
or religious organization wherein the players pay something of value for
chances, represented by numbers or combinations thereof or by some other
medium, one or more of which chances are to be designated the winning
ones or determined by a drawing and the player holding the winning chance
is to receive something of value.
(20)(a) “Slot machine” means a gambling device that as a result of
the insertion of a coin or other object operates, either completely
automatically, or with the aid of some physical act by the player, in
such a manner that, depending upon elements of chance, it may eject
something of value or otherwise entitle the player to something of value.
A device so constructed or readily adaptable or convertible to such use
is no less a slot machine because it is not in working order or because
some mechanical act of manipulation or repair is required to accomplish
its adaptation, conversion or workability. Nor is it any less a slot
machine because apart from its use or adaptability as such it may also
sell or deliver something of value on the basis other than chance.
(b) “Slot machine” does not include any device authorized by the
Oregon State Lottery Commission for:
(A) Display and demonstration purposes only at trade shows; or
(B) Training and testing purposes by the Department of State Police.
(21) “Social game” means:
(a) A game, other than a lottery, between players in a private home
where no house player, house bank or house odds exist and there is no
house income from the operation of the social game; and
(b) If authorized pursuant to ORS 167.121, a game, other than a
lottery, between players in a private business, private club or place of
public accommodation where no house player, house bank or house odds
exist and there is no house income from the operation of the social game.
(22) “Something of value” means any money or property, any token,
object or article exchangeable for money or property, or any form of
credit or promise directly or indirectly contemplating transfer of money
or property or of any interest therein.
(23) “Trade show” means an exhibit of products and services that is:
(a) Not open to the public; and
(b) Of limited duration.
(24) “Unlawful” means not specifically authorized by law. [1971
c.669 §3a; 1971 c.743 §263; 1973 c.788 §1; 1974 c.7 §1; 1975 c.421 §1;
1977 c.850 §1; 1983 c.813 §1; 1987 c.914 §1; 1991 c.962 §7; 1995 c.577
§2; 1997 c.867 §1; 1999 c.193 §1; 2001 c.228 §1; 2001 c.502 §7; 2005 c.57
§1; 2005 c.355 §2](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 itself or an employee thereof
authorized by the department shall receive money or property or otherwise
directly profit from the operation of the games, except that:
(a) The organization operating the games may present a prize of
money or other property to any player not involved in the administration
or management of the games.
(b) An organization licensed to conduct Monte Carlo events may
contract with a licensed supplier of Monte Carlo event equipment to
operate the event, including the provision of equipment, supplies and
personnel, provided that the licensed supplier is paid a fixed fee to
conduct the event and the imitation money is sold to players by employees
or volunteers of the licensed charitable, fraternal or religious
organization.
(c) A person may sell, rent or lease equipment, including
electronic equipment, proprietary computer software and real property to
a licensed charitable, fraternal or religious organization. Rent or lease
payments must be made in compliance with the provisions of ORS 464.510.
(d) An organization licensed by the department may act as an escrow
agent to receive money or property to be awarded as prizes.
(2) A charitable, fraternal or religious organization may not
operate bingo, lotto or raffle games or Monte Carlo events except at such
locations and upon such days and for such periods of time as the
department authorizes pursuant to this section and ORS 464.250 to
464.380, 464.420 and 464.450 to 464.530.
(3)(a) An organization licensed by the department to operate bingo
or lotto games may not award a prize exceeding $2,500 in value in any one
game. An organization licensed by the department to operate a Monte Carlo
event may not present any prize of money, or a cash equivalent, to any
player.
(b) Notwithstanding any provision of this chapter to the contrary,
a bingo licensee may operate two games per year with a prize not to
exceed $10,000 per game and, if approved by the department, may also
participate in a linked progressive game involving only Oregon licensees,
without regard to the number of games or the size of the prize awarded.
(4) Each charitable, fraternal or religious organization that
maintains, conducts or operates any bingo, lotto or raffle game or Monte
Carlo event under license of the department must operate such games in
accordance with rules adopted by the department.
(5) It is unlawful for a licensee to permit the operating expenses
of the games to exceed 18 percent of the annual handle of its bingo,
lotto and raffle operation.
(6) It is unlawful for a charitable, fraternal or religious
organization licensed by the department to operate bingo, lotto or raffle
games if:
(a) The handle of the games and events exceeds $250,000 in a year;
and
(b) The games and events do not generate for the organization’s
purposes, after the cost of prizes and operating expenses are deducted
from the handle, an amount that equals or exceeds five percent of the
handle. [1987 c.914 §3; 1991 c.274 §2; 1995 c.331 §1; 1997 c.867 §2; 1999
c.218 §1; 2001 c.228 §2; 2003 c.417 §1] 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: 167.121 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 167 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation. (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 §264; 1997 c.867 §21] (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 enterprise; or
(b) Of a kind commonly used in the operation, promotion or playing
of a lottery or numbers scheme or enterprise.
(2) Possession of gambling records in the second degree is a Class
A misdemeanor. [1971 c.743 §266] (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 enterprise, and constituting, reflecting or
representing more than five bets totaling more than $500; or
(b) Of a kind commonly used in the operation, promotion or playing
of a lottery or numbers scheme or enterprise, and constituting,
reflecting or representing more than 500 plays or chances therein.
(2) Possession of gambling records in the first degree is a Class C
felony. [1971 c.743 §267] 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 playing of a
lottery or numbers scheme or enterprise. [1971 c.743 §268] (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) A slot machine; or
(b) Any other gambling device, believing that the device is to be
used in promoting unlawful gambling activity.
(2) Possession of a gambling device is a Class A misdemeanor.
(3) It is a defense to a charge of possession of a gambling device
if the slot machine or gambling device that caused the charge to be
brought was manufactured:
(a) Prior to 1900 and is not operated for purposes of unlawful
gambling; or
(b) More than 25 years before the date on which the charge was
brought and:
(A) Is located in a private residence;
(B) Is not operated for the purposes of unlawful gambling; and
(C) Has permanently affixed to it by the manufacturer, the
manufacturer’s name and either the date of manufacture or the serial
number. [1971 c.743 §269; 1977 c.264 §1; 1983 c.403 §1; 1993 c.781 §1;
1995 c.577 §1]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 occurrence in a daily newspaper,
magazine or other periodically printed publication of general
circulation; or
(2) Evidence that a description of some aspect of the event was
written, printed or otherwise noted at the place in which a violation of
ORS 167.117 and 167.122 to 167.147 is alleged to have been committed.
[1971 c.743 §270](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 is found, and may be sued for and recovered by a civil
action.
(2) Nothing contained in ORS 105.550 to 105.600 shall interfere
with the duty of officers to take possession of property as provided by
subsection (1) of this section. [1971 c.743 §271; 1977 c.850 §3; 1989
c.846 §14](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 sheriff, who shall hold it
subject to the order of the court having jurisdiction.
(2) Whenever it appears to the court that the gambling device has
been possessed in violation of ORS 167.147, the court shall adjudge
forfeiture thereof and shall order the sheriff to destroy the device and
to deliver any coins taken therefrom to the county treasurer, who shall
deposit them to the general fund of the county. However, when the defense
provided by ORS 167.147 (3) is raised by the defendant, the gambling
device or slot machine shall not be forfeited or destroyed until after a
final judicial determination that the defense is not applicable. If the
defense is applicable, the gambling device or slot machine shall be
returned to its owner.
(3) The seizure of the gambling device or operating part thereof
constitutes sufficient notice to the owner or person in possession
thereof. The sheriff shall make return to the court showing that the
sheriff has complied with the order.
(4) Whenever, in any proceeding in court for the forfeiture of any
gambling device except a slot machine seized for a violation of ORS
167.147, a judgment for forfeiture is entered, the court shall have
exclusive jurisdiction to remit or mitigate the forfeiture.
(5) In any such proceeding the court shall not allow the claim of
any claimant for remission or mitigation unless and until the claimant
proves that the claimant:
(a) Has an interest in the gambling device, as owner or otherwise,
that the claimant acquired in good faith.
(b) At no time had any knowledge or reason to believe that it was
being or would be used in violation of law relating to gambling.
(6) In any proceeding in court for the forfeiture of any gambling
device except a slot machine seized for a violation of law relating to
gambling, the court may in its discretion order delivery thereof to any
claimant who shall establish the right to the immediate possession
thereof, and shall execute, with one or more sureties, or by a surety
company, approved by the court, and deliver to the court, a bond in such
sum as the court shall determine, running to the State of Oregon, and
conditioned to return such gambling device at the time of trial, and
conditioned further that, if the gambling device be not returned at the
time of trial, the bond may in the discretion of the court stand in lieu
of and be forfeited in the same manner as such gambling device. [1971
c.743 §272; 1977 c.264 §2; 1999 c.59 §32; 2003 c.576 §391; 2005 c.22 §117] (1) On and
after December 1, 1991, 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 machine.
(2) Possession of a gray machine is a Class C felony.
(3) Violation of, solicitation to violate, attempt to violate or
conspiracy to violate subsection (1) of this section constitutes
prohibited conduct for purposes of ORS chapter 475A, and shall give rise
to civil in rem forfeiture as provided in ORS chapter 475A. A judgment
providing for forfeiture may direct that the machine be destroyed.
(4) It is a defense to a charge of possession of a gray machine if
the machine that caused the charge to be brought was manufactured prior
to 1958 and was not operated for purposes of unlawful gambling. [1991
c.962 §5; 1999 c.59 §33] 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]Note: 167.166 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 167 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation. (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 participant or any operator;
(b) Engages in any act, practice or course of operation that
operates or would operate as a fraud or deceit upon any other participant
or any operator;
(c) Engages in any act, practice or course of operation with the
intent of cheating any other participant or the operator to gain an
advantage in the game over the other participant or operator; or
(d) Causes, aids, abets or conspires with another person to cause
any other person to violate paragraphs (a) to (c) of this subsection.
(2) As used in this section, “deceit,” “defraud” and “fraud” are
not limited to common law deceit or fraud.
(3) Cheating is a Class C felony. [1997 c.867 §20]OFFENSES INVOLVING CONTROLLED SUBSTANCES 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 a
licensed pharmacist.
(2) “Controlled substance” and “manufacture” have the meaning given
those terms by ORS 475.005.
(3) “Official written order” means an order written on a form
provided for that purpose by the United States Commissioner of Internal
Revenue, under any laws of the United States making provision therefor,
if such order form is not provided, then on an official form provided for
that purpose by the State Board of Pharmacy.
(4) “Practitioner” has the meaning given that term by ORS 475.005.
(5) “Wholesaler” means a person who supplies controlled substances
that the wholesaler has not produced or prepared, on official written
orders, but not on prescriptions.
(6) “Unlawfully” means in violation of any provision of ORS 475.005
to 475.285 and 475.840 to 475.980. [1977 c.745 §33 (enacted in lieu of
167.202); 1979 c.777 §44; 1995 c.440 §14] (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 a label for the
purpose of filling prescriptions;
(b) Affixes a false or forged label to a package or receptacle
containing controlled substances;
(c) Makes or utters a false or forged prescription or false or
forged official written order for controlled substances; or
(d) Makes a false statement in any controlled substance
prescription, order, report or record required by ORS 475.005 to 475.285
and 475.840 to 475.980.
(2) Tampering with drug records is a Class C felony. [1971 c.743
§275; 1977 c.745 §34; 1995 c.440 §15]
(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
475.005 to 475.285 and 475.840 to 475.980.
(2) Frequenting a place where controlled substances are used is a
Class A misdemeanor.
(3) Notwithstanding subsection (2) of this section, if the
conviction is for knowingly maintaining, frequenting or remaining at a
place where less than one avoirdupois ounce of the dried leaves, stems,
and flowers of the plant Cannabis family Moraceae is found at the time of
the offense under this section, frequenting a place where controlled
substances are used is a Class D violation.
(4) As used in this section, “frequents” means repeatedly or
habitually visits, goes to or resorts to. [1971 c.743 §277; 1974 c.43 §1;
1977 c.745 §35; 1979 c.641 §1; 1991 c.67 §41; 1993 c.469 §3; 1995 c.440
§16; 1999 c.1051 §160](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 dispensed, when a
prescription or order of a practitioner is required under the provisions
of ORS 475.005 to 475.285 and 475.840 to 475.980, is prima facie evidence
that the possession is unlawful unless the possessor also has in
possession a label prepared by the pharmacist for the drug dispensed or
the possessor is authorized by ORS 475.005 to 475.285 and 475.840 to
475.980 to possess the controlled substance. [1971 c.743 §279; 1977 c.745
§36; 1995 c.440 §17]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 475.840 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 without warrant and without an affidavit
being filed. If controlled substances are found in or upon such
conveyance, the district attorney or peace officer may seize them, arrest
any person in charge of the conveyance and as soon as possible take the
arrested person and the seized controlled substances before any court in
the county in which the seizure is made. The district attorney or peace
officer shall also, without delay, make and file a complaint for any
crime justified by the evidence obtained. [1989 c.791 §17; enacted in
lieu of 167.247 in 1997]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
(b) To transport, carry, sell, give away, prepare for sale or
otherwise distribute a controlled substance.
(2)(a) Except as otherwise provided in paragraph (b) of this
subsection, violation of this section is a Class A felony.
(b) Violation of this section is a Class A misdemeanor if the
violation involves delivery for no consideration of less than five grams
of marijuana. [1991 c.834 §1]Note: 167.262 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 167 by legislative action.
See Preface to Oregon Revised Statutes for further explanation.OFFENSES AGAINST ANIMALS As used in ORS
167.310 to 167.351:
(1) “Animal” means any nonhuman mammal, bird, reptile, amphibian or
fish.
(2) “Domestic animal” means an animal, other than livestock, that
is owned or possessed by a person.
(3) “Good animal husbandry” includes, but is not limited to, the
dehorning of cattle, the docking of horses, sheep or swine, and the
castration or neutering of livestock, according to accepted practices of
veterinary medicine or animal husbandry.
(4) “Law enforcement animal” means a dog or horse used in law
enforcement work under the control of a corrections officer, parole and
probation officer, police officer or youth correction officer, as those
terms are defined in ORS 181.610, who has successfully completed at least
360 hours of training in the care and use of a law enforcement animal, or
who has passed the demonstration of minimum standards established by the
Oregon Police Canine Association or other accredited and recognized
animal handling organization.
(5) “Livestock” has the meaning provided in ORS 609.125.
(6) “Minimum care” means care sufficient to preserve the health and
well-being of an animal and, except for emergencies or circumstances
beyond the reasonable control of the owner, includes, but is not limited
to, the following requirements:
(a) Food of sufficient quantity and quality to allow for normal
growth or maintenance of body weight.
(b) Open or adequate access to potable water in sufficient quantity
to satisfy the animal’s needs. Access to snow or ice is not adequate
access to potable water.
(c) For a domestic animal other than a dog engaged in herding or
protecting livestock, access to a barn, dog house or other enclosed
structure sufficient to protect the animal from wind, rain, snow or sun
and that has adequate bedding to protect against cold and dampness.
(d) Veterinary care deemed necessary by a reasonably prudent person
to relieve distress from injury, neglect or disease.
(e) For a domestic animal, continuous access to an area:
(A) With adequate space for exercise necessary for the health of
the animal;
(B) With air temperature suitable for the animal; and
(C) Kept reasonably clean and free from excess waste or other
contaminants that could affect the animal’s health.
(f) For a livestock animal that cannot walk or stand without
assistance:
(A) Humane euthanasia; or
(B) The provision of immediate and ongoing care to restore the
animal to an ambulatory state.
(7) “Physical injury” means physical trauma, impairment of physical
condition or substantial pain.
(8) “Physical trauma” means fractures, cuts, punctures, bruises,
burns or other wounds.
(9) “Possess” has the meaning provided in ORS 161.015.
(10) “Serious physical injury” means physical injury that creates a
substantial risk of death or that causes protracted disfigurement,
protracted impairment of health or protracted loss or impairment of the
function of a limb or bodily organ. [1985 c.662 §1; 1995 c.663 §3; 1999
c.756 §13; 2001 c.926 §7; 2003 c.543 §6; 2003 c.549 §1; 2005 c.264 §18] (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 with research, damages, vandalizes
or steals any property in or on an animal research facility.
(c) With the intent to interfere with research, obtains access to
an animal research facility to perform acts not authorized by that
facility.
(d) Obtains or exerts unauthorized control over records, data,
materials, equipment or animals of any animal research facility with the
intent to interfere with research by concealing, abandoning or destroying
such records, data, materials, equipment or animals.
(e) With the intent to interfere with research, possesses or uses
equipment or animals that the person reasonably believes have been
obtained by theft or deception from an animal research facility or
without the authorization of an animal research facility.
(2) For the purposes of this section, “animal research facility”
means any facility engaging in legal scientific research or teaching
involving the use of animals.
(3) Research and animal interference is a:
(a) Class C felony if damage to the animal research facility is
$2,500 or more; or
(b) Class A misdemeanor if there is no damage to the facility or if
damage to the animal research facility is less than $2,500.
(4) Determination of damages to an animal research facility shall
be made by the court. In making its determination, the court shall
consider the reasonable costs of:
(a) Replacing lost, injured or destroyed animals;
(b) Restoring the animal research facility to the approximate
condition of the facility before the damage occurred; and
(c) Replacing damaged or missing records, data, material or
equipment.
(5) In addition to any other penalty imposed for violation of this
section, a person convicted of such violation is liable:
(a) To the owner of the animal for damages, including the costs of
restoring the animal to confinement and to its health condition prior to
commission of the acts constituting the violation;
(b) For damages to real and personal property caused by acts
constituting the violation; and
(c) For the costs of repeating an experiment, including the
replacement of the animals, labor and materials, if acts constituting the
violation cause the failure of an experiment. [1991 c.843 §2; 2001 c.147
§2; 2001 c.554 §1] (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) Animal abuse in the second degree is a Class B misdemeanor.
[1985 c.662 §2] (1) A person commits the
crime of animal abuse in the first degree if, except as otherwise
authorized by law, the person intentionally, knowingly or recklessly:
(a) Causes serious physical injury to an animal; or
(b) Cruelly causes the death of an animal.
(2) Any practice of good animal husbandry is not a violation of
this section.
(3) Animal abuse in the first degree is a Class A misdemeanor.
(4) Notwithstanding subsection (3) of this section, animal abuse in
the first degree is a Class C felony if:
(a) The person committing the animal abuse has previously been
convicted of two or more of the following offenses:
(A) Any offense under ORS 163.160, 163.165, 163.175, 163.185 or
163.187 or the equivalent laws of another jurisdiction, if the offense
involved domestic violence as defined in ORS 135.230 or the offense was
committed against a minor child; or
(B) Any offense under this section or ORS 167.322, or the
equivalent laws of another jurisdiction; or
(b) The person knowingly commits the animal abuse in the immediate
presence of a minor child. For purposes of this paragraph, a minor child
is in the immediate presence of animal abuse if the abuse is seen or
directly perceived in any other manner by the minor child. [1985 c.662
§3; 2001 c.926 §8; 2003 c.577 §8] (1) A person
commits the crime of aggravated animal abuse in the first degree if the
person:
(a) Maliciously kills an animal; or
(b) Intentionally or knowingly tortures an animal.
(2) Aggravated animal abuse in the first degree is a Class C felony.
(3) As used in this section:
(a) “Maliciously” means intentionally acting with a depravity of
mind and reckless and wanton disregard of life.
(b) “Torture” means an action taken for the primary purpose of
inflicting pain. [1995 c.663 §2; 2001 c.926 §9] (1) A person commits
the crime of animal neglect in the second degree if, except as otherwise
authorized by law, the person intentionally, knowingly, recklessly or
with criminal negligence fails to provide minimum care for an animal in
such person’s custody or control.
(2) Animal neglect in the second degree is a Class B misdemeanor.
[1985 c.662 §4] (1) A person commits
the crime of animal neglect in the first degree if, except as otherwise
authorized by law, the person intentionally, knowingly, recklessly or
with criminal negligence fails to provide minimum care for an animal in
the person’s custody or control and the failure to provide care results
in serious physical injury or death to the animal.
(2) Animal neglect in the first degree is a Class A misdemeanor.
[1985 c.662 §5; 2001 c.926 §10] (1) In
addition to any other penalty imposed by law, a person convicted of
violating ORS 167.315, 167.325, 167.330 or 167.340 or of a misdemeanor
under ORS 167.320, may not possess a domestic animal for a period of five
years following entry of the conviction. An offense under this subsection
is an unclassified misdemeanor punishable by a fine not exceeding $1,000
and forfeiture of the animal as provided in ORS 167.350.
(2) In addition to any other penalty imposed by law, a person
convicted of violating ORS 167.322 or of a felony under ORS 167.320, may
not possess a domestic animal for a period of 15 years following entry of
the conviction. An offense under this subsection is an unclassified
misdemeanor punishable by a fine not exceeding $5,000 and forfeiture of
the animal as provided under ORS 167.350. [2001 c.926 §3] (1) A person commits the crime of
sexual assault of an animal if the person:
(a) Touches or contacts, or causes an object or another person to
touch or contact, the mouth, anus or sex organs of an animal or animal
carcass for the purpose of arousing or gratifying the sexual desire of a
person; or
(b) Causes an animal or animal carcass to touch or contact the
mouth, anus or sex organs of a person for the purpose of arousing or
gratifying the sexual desire of a person.
(2) Subsection (1) of this section does not apply to the use of
products derived from animals.
(3) Sexual assault of an animal is a Class A misdemeanor. [2001
c.926 §5b; 2003 c.428 §1]
Upon the conviction of a defendant for violation of ORS 167.333, the
court may order a psychiatric or psychological evaluation of the
defendant for inclusion in the presentence report as described in ORS
137.077. [2001 c.926 §5c]Note: 167.334 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 167 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation. Unless gross
negligence can be shown, the provisions of ORS 167.315 to 167.333 do not
apply to:
(1) The treatment of livestock being transported by owner or common
carrier;
(2) Animals involved in rodeos or similar exhibitions;
(3) Commercially grown poultry;
(4) Animals subject to good animal husbandry practices;
(5) The killing of livestock according to the provisions of ORS
603.065;
(6) Animals subject to good veterinary practices as described in
ORS 686.030;
(7) Lawful fishing, hunting and trapping activities;
(8) Wildlife management practices under color of law;
(9) Lawful scientific or agricultural research or teaching that
involves the use of animals;
(10) Reasonable activities undertaken in connection with the
control of vermin or pests; and
(11) Reasonable handling and training techniques. [1985 c.662 §6;
1995 c.663 §4; 2001 c.926 §10a] (1) A person
commits the crime of interfering with a law enforcement animal if the
person intentionally or knowingly injures or attempts to injure an animal
the person knows or reasonably should know is a law enforcement animal
while the law enforcement animal is being used in the lawful discharge of
its duty.
(2) Interfering with a law enforcement animal is a Class A
misdemeanor. [Formerly 164.369] (1) A person commits the
crime of assaulting a law enforcement animal if:
(a) The person knowingly causes serious physical injury to or the
death of a law enforcement animal, knowing that the animal is a law
enforcement animal; and
(b) The injury or death occurs while the law enforcement animal is
being used in the lawful discharge of the animal’s duties.
(2) Assaulting a law enforcement animal is a Class C felony. [2003
c.543 §3] (1) A person commits the crime of
animal abandonment if the person intentionally, knowingly, recklessly or
with criminal negligence leaves a domestic animal at a location without
providing for the animal’s continued care.
(2) It is no defense to the crime defined in subsection (1) of this
section that the defendant abandoned the animal at or near an animal
shelter, veterinary clinic or other place of shelter if the defendant did
not make reasonable arrangements for the care of the animal.
(3) Animal abandonment is a Class B misdemeanor. [1985 c.662 §8;
2001 c.926 §11](1) As used in this
section, “peace officer” has the meaning given that term in ORS 161.015.
(2) If there is probable cause to believe that any animal is being
subjected to treatment in violation of ORS 167.315 to 167.333 or 167.340,
a peace officer, after obtaining a search warrant or in any other manner
authorized by law, may enter the premises where the animal is located to
provide the animal with food, water and emergency medical treatment and
may impound the animal. If after reasonable effort the owner or person
having custody of the animal cannot be found and notified of the
impoundment, the notice shall be conspicuously posted on the premises and
within 72 hours after the impoundment the notice shall be sent by
certified mail to the address, if any, where the animal was impounded.
(3) A peace officer is not liable for any damages for an entry
under subsection (2) of this section, unless the damages were caused by
the unnecessary actions of the peace officer that were intentional or
reckless.
(4) A court may order an animal impounded under subsection (2) of
this section to be held at any animal care facility in the state. A
facility receiving the animal shall provide adequate food and water and
may provide veterinary care. [Formerly 167.860; 1993 c.519 §1; 1995 c.663
§5; 2001 c.926 §12](1) If any animal is impounded pursuant
to ORS 167.345 and is being held by a county animal shelter or other
animal care agency pending outcome of criminal action charging a
violation of ORS 167.315 to 167.333 or 167.340, prior to final
disposition of the criminal charge, the county or other animal care
agency may file a petition in the criminal action requesting that the
court issue an order forfeiting the animal to the county or other animal
care agency prior to final disposition of the criminal charge. The
petitioner shall serve a true copy of the petition upon the defendant and
the district attorney.
(2) Upon receipt of a petition pursuant to subsection (1) of this
section, the court shall set a hearing on the petition. The hearing shall
be conducted within 14 days after the filing of the petition, or as soon
as practicable.
(3)(a) At a hearing conducted pursuant to subsection (2) of this
section, the petitioner shall have the burden of establishing probable
cause to believe that the animal was subjected to a violation of ORS
167.315 to 167.333 or 167.340. If the court finds that probable cause
exists, the court shall order immediate forfeiture of the animal to the
petitioner, unless the defendant, within 72 hours of the hearing, posts a
security deposit or bond with the court clerk in an amount determined by
the court to be sufficient to repay all reasonable costs incurred, and
anticipated to be incurred, by the petitioner in caring for the animal
from the date of initial impoundment to the date of trial.
(b) Notwithstanding paragraph (a) of this subsection, a court may
waive for good cause shown the requirement that the defendant post a
security deposit or bond.
(4) If a security deposit or bond has been posted in accordance
with subsection (3) of this section, and the trial in the action is
continued at a later date, any order of continuance shall require the
defendant to post an additional security deposit or bond in an amount
determined by the court that shall be sufficient to repay all additional
reasonable costs anticipated to be incurred by the petitioner in caring
for the animal until the new date of trial.
(5) If a security deposit or bond has been posted in accordance
with subsection (4) of this section, the petitioner may draw from that
security deposit or bond the actual reasonable costs incurred by the
petitioner in caring for the impounded animal from the date of initial
impoundment to the date of final disposition of the animal in the
criminal action.
(6) The provisions of this section are in addition to, and not in
lieu of, the provisions of ORS 167.350. [1995 c.369 §2; 2001 c.926 §13] If an animal is
forfeited according to the provisions of ORS 167.347 or 167.350, in
placing the animal with a new owner, the agency to which the animal was
forfeited shall give placement preference to any person or persons who
had prior contact with the animal, including but not limited to family
members and friends of the former owner whom the agency determines are
capable of providing necessary, adequate and appropriate levels of care
for the animal. [1995 c.369 §3](1) In addition to and not in lieu of any other
sentence it may impose, a court may require a defendant convicted under
ORS 167.315 to 167.333 or 167.340 to forfeit any rights of the defendant
in the animal subjected to the violation, and to repay the reasonable
costs incurred by any person or agency prior to judgment in caring for
each animal subjected to the violation.
(2) When the court orders the defendant’s rights in the animal to
be forfeited, the court may further order that those rights be given over
to an appropriate person or agency demonstrating a willingness to accept
and care for the animal or to the county or an appropriate animal care
agency for further disposition in accordance with accepted practices for
humane treatment of animals. This subsection does not limit the right of
the person or agency to whom rights are granted to resell or otherwise
make disposition of the animal. A transfer of rights under this
subsection constitutes a transfer of ownership.
(3) In addition to and not in lieu of any other sentence it may
impose, a court may order the owner or person having custody of an animal
to repay the reasonable costs incurred by any person or agency in
providing minimum care to the animal.
(4) A court may order a person convicted under ORS 167.315 to
167.333 or 167.340 to participate in available animal cruelty prevention
programs or education programs, or both, or to obtain psychological
counseling for treatment of mental health disorders that, in the court’s
judgment, contributed to the commission of the crime. The person shall
bear any costs incurred by the person for participation in counseling or
treatment programs under this subsection.
(5) ORS 131.550 to 131.600 do not apply to the forfeiture of an
animal subjected to a violation of ORS 167.315 to 167.333 or 167.340. Any
such animal is subject to forfeiture as provided in subsections (1) to
(3) of this section. [Formerly 167.862; 1993 c.519 §2; 1995 c.663 §6;
2001 c.666 §29; 2001 c.926 §§14a,14b; 2005 c.830 §28] (1) As used in this
section:
(a) “Nonambulatory” means unable to stand or walk unassisted.
(b) “Livestock auction market” has the meaning given that term in
ORS 599.205.
(2) A person commits the crime of trading in nonambulatory
livestock if the person knowingly delivers or accepts delivery of a
nonambulatory livestock animal at a livestock auction market. This
subsection does not apply to the delivery to, or acceptance by, a
licensed veterinarian at a livestock auction market for the purpose of
humanely euthanizing or providing appropriate medical care to the animal.
(3) The crime of trading in nonambulatory livestock is a Class A
misdemeanor. [2003 c.287 §2](1) A person commits the crime of interfering with an assistance,
a search and rescue or a therapy animal if the person intentionally or
knowingly:
(a) Injures or attempts to injure an animal the person knows or
reasonably should know is an assistance animal, a search and rescue
animal or a therapy animal;
(b) Interferes with an assistance animal while the assistance
animal is being used to provide assistance to a physically impaired
person; or
(c) Interferes with a search and rescue animal or a therapy animal
while the animal is being used for search and rescue or therapy purposes.
(2) As used in this section, “assistance animal” and “physically
impaired person” have the meanings given those terms in ORS 346.680.
(3) As used in this section and ORS 30.822:
(a) “Search and rescue animal” means that the animal has been
professionally trained for, and is actively used for, search and rescue
purposes.
(b) “Therapy animal” means that the animal has been professionally
trained for, and is actively used for, therapy purposes.
(4) Interfering with an assistance, a search and rescue or a
therapy animal is a Class A misdemeanor. [1993 c.312 §3]Note: 167.352 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 167 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation. (1) A person commits the
crime of involvement in animal fighting if the person:
(a) Owns or trains an animal with the intention that the animal
engage in an exhibition of fighting;
(b) Promotes, conducts, participates in or is present as a
spectator at an exhibition of fighting or preparations thereto;
(c) Keeps or uses, or in any way is connected with or interested in
the management of, or receives money for the admission of any person to
any place kept or used for the purpose of an exhibition of fighting; or
(d) Knowingly suffers or permits any place over which the person
has possession or control to be occupied, kept or used for the purpose of
an exhibition of fighting.
(2) For purposes of this section:
(a) “Animal” means any bird, reptile, amphibian, fish or nonhuman
mammal, other than a dog or a fighting bird as defined in ORS 167.426.
(b) “Exhibition of fighting” means a public or private display of
combat between two or more animals in which the fighting, killing,
maiming or injuring of animals is a significant feature. “Exhibition of
fighting” does not include demonstrations of the hunting or tracking
skills of an animal or the lawful use of animals for hunting, tracking or
self-protection.
(3) Involvement in animal fighting is a Class A misdemeanor.
[Formerly 167.865; 1987 c.249 §6; 2003 c.484 §9] As used in ORS
167.360 to 167.375:
(1) “Breaking stick” means a device designed for insertion behind
the molars of a dog for the purpose of breaking the dog’s grip on another
animal or object.
(2) “Cat mill” means a device that rotates around a central support
with one arm designed to secure a dog and one arm designed to secure a
cat, rabbit or other small animal beyond the grasp of the dog.
(3) “Dogfight” means a fight, arranged by any person, between two
or more dogs the purpose or probable result of which fight is the
infliction of injury by one dog upon another.
(4) “Dogfighting paraphernalia” means a breaking stick, cat mill,
springpole, weighted or unweighted chain collar weighing 10 pounds or
more, leather or mesh collar with a strap more than two inches in width,
fighting pit or unprescribed veterinary medicine that is a prescription
drug as defined in ORS 689.005.
(5) “Fighting dog” means a dog that is intentionally bred or
trained to be used in, or that is actually used in, a dogfight. A dog
does not constitute a fighting dog solely on account of its breed.
(6) “Fighting pit” means a walled area designed to contain a
dogfight.
(7) “Springpole” means a biting surface attached to a stretchable
device, suspended at a height sufficient to prevent a dog from reaching
the biting surface while touching the ground. [1987 c.249 §1; 2005 c.467
§1]Note: 167.360 to 167.375 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 167 or any
series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation. (1) A person commits the crime of dogfighting
if the person knowingly does any of the following:
(a) Owns, possesses, keeps, breeds, trains, buys, sells or offers
to sell a fighting dog, including but not limited to any advertisement by
the person to sell such a dog.
(b) Promotes, conducts or participates in, or performs any service
in the furtherance of, an exhibition of dogfighting, including but not
limited to refereeing of a dogfight, handling of dogs at a dogfight,
transportation of spectators to a dogfight, organizing a dogfight,
advertising a dogfight, providing or serving as a stakes holder for any
money wagered on a fight.
(c) Keeps, uses or manages, or accepts payment of admission to, any
place kept or used for the purpose of dogfighting.
(d) Suffers or permits any place over which the person has
possession or control to be occupied, kept or used for the purpose of an
exhibition of dogfighting.
(2) Dogfighting is a Class C felony. [1987 c.249 §2]Note: See note under 167.360. (1) A person commits the
crime of participation in dogfighting if the person knowingly:
(a) Attends or has paid admission at any place for the purpose of
viewing or betting upon a dogfight.
(b) Advertises or otherwise offers to sell equipment for the
training and handling of a fighting dog.
(2) Participation in dogfighting is a Class A misdemeanor. [1987
c.249 §3]Note: See note under 167.360. (1) A person commits
the crime of possessing dogfighting paraphernalia if the person owns or
possesses dogfighting paraphernalia with the intent that the
paraphernalia be used to train a dog as a fighting dog or be used in the
furtherance of a dogfight.
(2) Possessing dogfighting paraphernalia is a Class A misdemeanor.
[2005 c.467 §3]Note: See note under 167.360. (1) Pursuant to ORS
133.525 to 133.703, a judge may order the seizure of alleged fighting
dogs owned, possessed or kept by any person.
(2) The judge issuing an order for the seizure of a dog as provided
in subsection (1) of this section may require the dog to be impounded at
an animal shelter if the judge believes it to be in the best interest of
the animal and the public to so order. The governmental unit, the agency
of which executes the seizure of the dog, shall be responsible for the
costs of impoundment at the animal shelter, but the governmental unit is
entitled to receive reimbursement of those costs from the owner,
possessor or keeper of the impounded dog. If the owner, possessor or
keeper of the dog is subsequently convicted of dogfighting under ORS
167.365, the court may order the defendant to pay the costs of animal
shelter as restitution in the case.
(3) In lieu of ordering such dogs seized under subsection (1) of
this section to be impounded at an animal shelter, the court may order
the dogs impounded on the property of their owner, possessor or keeper.
If dogs are ordered impounded on the property of their owner, possessor
or keeper, the court shall order such person to provide all necessary
care for the dogs and to allow regular and continuing inspection of the
dogs by any persons designated by the court, or the agents of such
persons. The court shall further order the person not to sell or
otherwise dispose of any of the dogs unless the court authorizes such
sale or disposition, or until the seized dogs are released as evidence by
the law enforcement agency that seized them, or restored to the person by
the court pursuant to an order under ORS 133.643. [1987 c.249 §4]Note: See note under 167.360. (1) A person commits
the crime of unauthorized use of a livestock animal when the person
knowingly:
(a) Takes, appropriates, obtains or withholds a livestock animal
from the owner thereof or derives benefit from a livestock animal without
the consent of the owner of the animal; or
(b) Takes or holds a livestock animal and thereby obtains the use
of the animal to breed, bear or raise offspring without the consent of
the owner of the animal.
(2) Except as otherwise provided by law, offspring born to a female
livestock animal or hatched from the egg of a female livestock animal
belong to the owner of the female livestock animal until the owner
transfers ownership of the offspring.
(3) As used in this section, “livestock animal” has the same
meaning given that term in ORS 164.055.
(4) Unauthorized use of a livestock animal is a Class A misdemeanor.
(5) In addition to any criminal sanctions, if a defendant is
convicted of the crime of unauthorized use of a livestock animal under
this section, the court shall order the defendant to pay restitution to
the owner of the animal. [1993 c.252 §1]Note: 167.385 to 167.388 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 167 or any
series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation. As used in this
section and ORS 167.388:
(1) “Livestock” has the meaning given in ORS 609.125.
(2) “Livestock production facility” means:
(a) Any facility or organization engaged in animal breeding,
production or processing; or
(b) Any facility or institution whose primary purpose is to impound
estray animals, as that term is defined in ORS 607.007. [1993 c.252 §4;
1999 c.756 §14]Note: See note under 167.385. (1) A person
commits the crime of interference with livestock production when the
person, with the intent to interfere with livestock production:
(a) Takes, appropriates, obtains or withholds livestock from the
owner thereof, or causes the loss, death or injury of any livestock
maintained at a livestock production facility;
(b) Damages, vandalizes or steals any property located on a
livestock production facility; or
(c) Obtains access to a livestock production facility to perform
any act contained in this subsection or any other act not authorized by
the livestock production facility.
(2) The crime of interference with livestock production is:
(a) A Class C felony if damage to the livestock production facility
is $2,500 or more; or
(b) A Class A misdemeanor if there is no damage to the livestock
production facility or if damage to the facility is less than $2,500.
(3) Determination of damages to a livestock production facility
shall be made by the court. In making its determination, the court shall
consider the reasonable costs of:
(a) Replacing lost, injured or destroyed livestock;
(b) Restoring the livestock production facility to the approximate
condition of the facility before the damage occurred; and
(c) Replacing damaged or missing records, data, material, equipment
or substances used in the breeding and production of livestock.
(4) In addition to any criminal sanctions, if a defendant is
convicted of the crime of interference with livestock production under
subsection (1) of this section, the court shall order the defendant to
pay restitution to the owner of the animal or the owner of the livestock
production facility. [1993 c.252 §§2,3; 2001 c.554 §2]Note: See note under 167.385.(1) A person may not take, buy, sell, barter or otherwise
exchange for commerce in fur purposes the raw fur or products that
include the fur of a domestic cat or dog if the fur is obtained through a
process that kills or maims the cat or dog. As used in this section,
“domestic cat or dog” does not include coyote, fox, lynx, bobcat or any
other wild or commercially raised wild feline or wild canine species or a
hybrid thereof that is not recognized as an endangered species by the
United States Fish and Wildlife Service.
(2) Violation of subsection (1) of this section, or any rule
promulgated pursuant thereto, is a Class A misdemeanor when the offense
is committed with a culpable mental state as defined in ORS 161.085.
[1999 c.995 §§1,2]Note: 167.390 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 167 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.OFFENSES INVOLVING TOBACCO (1) It is unlawful
for any person under 18 years of age to possess tobacco products, as
defined in ORS 431.840.
(2) Any person who violates subsection (1) of this section commits
a Class D violation. [1991 c.970 §1; 1999 c.1051 §161]Note: 167.400, 167.402 and 167.404 were enacted into law by the
Legislative Assembly but were not added to or made a part of ORS chapter
167 by legislative action. See Preface to Oregon Revised Statutes for
further explanation. (1)
Except as provided in subsection (4) of this section, no person under 18
years of age shall purchase, attempt to purchase or acquire tobacco
products as defined in ORS 431.840. Except when such minor is in a
private residence accompanied by the parent or guardian of the minor and
with the consent of such parent or guardian, no person under 18 years of
age shall have personal possession of tobacco products.
(2) Any person who violates subsection (1) of this section commits
a violation.
(3)(a) In lieu of any other penalty established by law, a person
who is convicted for the first time of a violation of subsection (1) of
this section may be ordered to participate in a tobacco education program
or a tobacco use cessation program or to perform community service
related to diseases associated with consumption of tobacco products. A
person may be ordered to participate in such a program only once.
(b) In addition to and not in lieu of any other penalty established
by law, a person who is convicted of a second violation of subsection (1)
of this section through misrepresentation of age may be required to
participate in a tobacco education or a tobacco use cessation program or
to perform community service related to diseases associated with the
consumption of tobacco products, and the court shall order that the
person’s driving privileges and right to apply for driving privileges be
suspended for a period not to exceed one year. If a court has issued an
order denying driving privileges under this subsection, the court, upon
petition of the person, may withdraw the order at any time the court
deems appropriate. The court notification to the Department of
Transportation under this subsection may include a recommendation that
the person be granted a hardship permit under ORS 807.240 if the person
is otherwise eligible for the permit.
(4) A minor acting under the supervision of an adult may purchase,
attempt to purchase or acquire tobacco products for the purpose of
testing compliance with a federal law, state statute, local law or
retailer management policy limiting or regulating the delivery of tobacco
products to minors. [1999 c.1077 §8]Note: 167.401 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 167 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.(1) No person having authority over such placement shall
locate a vending machine from which tobacco products, as defined in ORS
431.840, in any form are dispensed in any place legally accessible to
persons under 18 years of age except taverns and cocktail lounges,
industrial plants, as defined in ORS 308.408, hotels and motels.
(2) Violation of subsection (1) of this section is a Class B
violation. Each day of violation constitutes a separate offense. [1991
c.970 §2; 1999 c.1051 §162]Note: See note under 167.400.Cities and counties by ordinance or resolution shall
not regulate vending machines that dispense tobacco products, as defined
in ORS 431.840, in any form and that are in any manner accessible to
minors. [1991 c.970 §3]Note: See note under 167.400.(1) A person having authority over the
location of cigarettes and other tobacco products in a retail store may
not locate cigarettes or other tobacco products in a location in the
store where the cigarettes or other tobacco products are accessible by
store customers without assistance by a store employee.
(2) Violation of subsection (1) of this section is a Class B
violation. Each day of violation constitutes a separate offense.
(3) Subsections (1) and (2) of this section do not apply if the
location at which the cigarettes or tobacco products are sold is a store
or other establishment at which persons under 18 years of age are
prohibited. [2003 c.804 §84]Note: 167.407 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 167 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.OFFENSES INVOLVING FIGHTING BIRDS As used in ORS
167.426 to 167.439:
(1) “Cockfight” means a fight between two or more birds that is
arranged by a person and that has the purpose or probable result of one
bird inflicting injury to another bird.
(2) “Constructive possession” means an exercise of dominion and
control over the location and treatment of property without taking
physical possession of the property.
(3) “Fighting bird” means a bird that is intentionally reared or
trained for use in, or that actually is used in, a cockfight.
(4) “Gaff” means an artificial steel spur designed for attachment
to the leg of a fighting bird in replacement of the bird’s natural spurs.
(5) “Slasher” means a steel weapon resembling a curved knife blade
designed for attachment to the foot of a fighting bird. [2003 c.484 §1]Note: 167.426 to 167.439 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 167 or any
series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation. (1) A person commits the crime of
cockfighting if the person knowingly:
(a) Owns, possesses, keeps, rears, trains, buys, sells or
advertises or otherwise offers to sell a fighting bird.
(b) Promotes or participates in, or performs services in
furtherance of, the conducting of a cockfight. As used in this paragraph,
“services in furtherance” includes, but is not limited to, transporting
spectators to a cockfight, handling fighting birds, organizing,
advertising or refereeing a cockfight and providing, or acting as
stakeholder for, money wagered on a cockfight.
(c) Keeps, uses or manages, or accepts payment of admission to, a
place for the conducting of a cockfight.
(d) Suffers or permits a place in the possession or control of the
person to be occupied, kept or used for the conducting of a cockfight.
(e) Manufactures, buys, sells, barters, exchanges, possesses,
advertises or otherwise offers to sell a gaff, slasher or other sharp
implement designed for attachment to a fighting bird with the intent that
the gaff, slasher or other sharp implement be used in cockfighting.
(2) Subsection (1)(a) of this section does not apply to the owning,
possessing, keeping, rearing, buying, selling, advertising or otherwise
offering for sale of a bird for purposes other than training the bird as
a fighting bird, using or intending to use the bird in cockfighting or
supplying the bird knowing that the bird is intended to be used in
cockfighting.
(3) Cockfighting is a Class C felony. [2003 c.484 §2]Note: See note under 167.426. (1) A person commits the
crime of participation in cockfighting if the person knowingly:
(a) Attends a cockfight or pays admission at any location to view
or bet on a cockfight; or
(b) Manufactures, buys, sells, barters, exchanges, possesses,
advertises or otherwise offers to sell equipment with the intent that the
equipment be used in training or handling a fighting bird or for
enhancing the fighting ability of a fighting bird. This paragraph does
not apply to a gaff, slasher or other sharp implement designed for
attachment to a fighting bird.
(2) Participation in cockfighting is a Class A misdemeanor. [2003
c.484 §3]Note: See note under 167.426. (1) Pursuant to ORS
133.525 to 133.703, a judge may order the seizure of an alleged fighting
bird owned, possessed or kept by any person.
(2) A judge ordering the seizure of an alleged fighting bird under
subsection (1) of this section may order that the bird be impounded on
the property of the owner, possessor or keeper of the bird. If a judge
orders an alleged fighting bird impounded on the property of the owner,
possessor or keeper of the bird, the court shall order the owner,
possessor or keeper to provide all necessary care for the bird and to
allow regular and continuing inspection of the bird by a person
designated by the court, or the agent of a person designated by the
court. The owner, possessor or keeper shall pay the costs of conducting
the inspections. The court shall further order the owner, possessor or
keeper not to sell or otherwise dispose of the bird unless the court
authorizes the sale or disposition, or until the seized bird is forfeited
pursuant to an order under ORS 167.435 or restored to the person pursuant
to an order under ORS 133.643. [2003 c.484 §4]Note: See note under 167.426. (1) In
addition to and not in lieu of any other penalty the court may impose
upon a person convicted of cockfighting under ORS 167.428 or
participation in cockfighting under ORS 167.431, the court shall include
in the judgment an order for forfeiture to the city or county where the
crime occurred of the person’s rights in any property proved to have been
used by the person as an instrumentality in the commission of the crime,
including any fighting bird. This subsection does not limit the ability
of the court to dispose of a fighting bird as provided under subsection
(2) of this section.
(2) A fighting bird is a public nuisance, regardless of whether a
person has been convicted of cockfighting or participation in
cockfighting. If a bird is ordered forfeited under subsection (1) of this
section or is proved by a preponderance of the evidence in a forfeiture
proceeding to be a fighting bird, the court shall order that the bird be
destroyed or be otherwise disposed of. Upon the conviction of the person
charged, the court shall adjudge all of the seized property of the person
to be forfeited and shall order that the property be destroyed or
otherwise disposed of. [2003 c.484 §5]Note: See note under 167.426. (1) A
peace officer having jurisdiction may, upon probable cause to believe
that a bird is a fighting bird, take constructive possession of the bird
on behalf of the law enforcement agency employing the officer.
(2) A peace officer who takes constructive possession of an alleged
fighting bird pursuant to this section must do the following:
(a) Place a tag or other device approved by the law enforcement
agency on the cage or other enclosure where the fighting bird is located.
The tag or other device must clearly state that it is unlawful to
conceal, remove or release the bird for purposes of interfering with law
enforcement agency control over the bird.
(b) Notify the owner, possessor or keeper of the bird that the bird
has been seized by the law enforcement agency and may not be concealed,
removed or released until authorized by a court or as provided in this
section.
(c) Promptly apply to an appropriate court for an order described
in ORS 167.433.
(3) If a law enforcement agency takes constructive possession of a
fighting bird under this section, the owner, possessor or keeper of the
bird shall provide all necessary care for the bird.
(4) Constructive possession of an alleged fighting bird pursuant to
this section terminates when a court order described in ORS 167.433 is
served on the owner, possessor or keeper of the bird, or after 24 hours,
whichever occurs first. [2003 c.484 §6]Note: See note under 167.426. (1) A person commits
the crime of forcible recovery of a fighting bird if the person knowingly
dispossesses, or knowingly attempts to dispossess, a law enforcement
agency of constructive possession of a fighting bird.
(2) Forcible recovery of a fighting bird is a Class C felony. [2003
c.484 §7]Note: See note under 167.426.OFFENSES INVOLVING UNUSED PROPERTY MARKETS As used
in ORS 167.502, 167.506 and 167.508:
(1) “Baby food” or “infant formula” means food manufactured,
packaged and labeled specifically for sale for consumption by a child
under the age of two years.
(2) “Medical device” means an object or substance that is:
(a) Required under federal law to bear the label “Caution: Federal
law requires dispensing by or on the order of a physician”; or
(b) Defined by federal law as a medical device and is intended:
(A) For use in the diagnosis of disease or other conditions in
humans or animals;
(B) For use in the cure, mitigation, treatment or prevention of
disease in humans or animals; or
(C) To affect the structure or a function of the bodies of humans
or animals without achieving any of its principal intended purposes
through metabolism or through chemical action within or on the bodies of
humans or animals.
(3) “New and unused property” means tangible personal property:
(a) That was acquired by a person directly from a producer,
manufacturer, wholesaler or retailer in the ordinary course of business
and has not been used since its production or manufacture; or
(b) That was packaged when it was originally produced or
manufactured and the property is in its original and unopened package.
(4)(a) “Nonprescription drugs” means drugs that may be sold without
a prescription and that, in accordance with the requirements of the
statutes and regulations of this state and the federal government, are:
(A) Prepackaged for use by a consumer;
(B) Prepared by a manufacturer or producer for use by a consumer;
and
(C) Labeled and unadulterated.
(b) “Nonprescription drugs” does not include herbal products,
dietary supplements, botanical extracts or vitamins.
(5) “Prior conviction” means a conviction that was entered prior to
imposing sentence on the current crime, provided that the prior
conviction is based on a crime committed in a separate criminal episode.
(6) “Unused property market” means an event:
(a) Where at least two persons offer new and unused property for
sale or exchange and the person organizing or conducting the event
charges a fee upon the sale or exchange of the new and unused property;
(b) Where at least two persons offer new and unused property for
sale or exchange and a prospective buyer must pay a fee for admission to
an area where new and unused property is offered for sale or exchange; or
(c) Where new and unused property is offered for sale or exchange
for more than 12 days in one 12-month period. [2003 c.338 §1]Note: 167.500, 167.502, 167.506 and 167.508 were enacted into law
by the Legislative Assembly but were not added to or made a part of ORS
chapter 167 or any series therein by legislative action. See Preface to
Oregon Revised Statutes for further explanation.(1) Except as provided in subsection (2) of this section, a
person may not offer for sale or exchange or knowingly permit the sale or
exchange of baby food, infant formula, cosmetics, personal care products,
nonprescription drugs or medical devices at an unused property market.
(2) A person may sell or exchange the items listed in subsection
(1) of this section if the person:
(a) Has a written authorization that identifies the person as an
authorized representative of the manufacturer or distributor of those
items; and
(b) Makes the written authorization available for public inspection.
(3)(a) A person who violates this section commits a Class C
misdemeanor.
(b) A person who violates this section and who has one prior
conviction under this section that was entered within the last 10 years
commits a Class B misdemeanor.
(c) A person who violates this section and who has two or more
prior convictions under this section that were entered within the last 10
years commits a Class A misdemeanor. [2003 c.338 §2]Note: See note under 167.500. (1) When a person purchases
more than 10 items of new and unused property for resale at an unused
property market, the person shall maintain a record for two years after
the date of purchase.
(2) The record required in subsection (1) of this section must
contain:
(a) The date of the purchase of the new and unused property;
(b) The name and address of the person from which the new and
unused property was purchased;
(c) A description and identification of the new and unused
property; and
(d) The price paid for the new and unused property.
(3) A person shall, upon request, provide the record described in
subsection (2) of this section for the purpose of inspection within a
reasonable time.
(4)(a) A person who violates this section commits a Class C
misdemeanor.
(b) A person who violates this section and who has one prior
conviction under this section that was entered within the last 10 years
commits a Class B misdemeanor.
(c) A person who violates this section and who has two or more
prior convictions under this section that were entered within the last 10
years commits a Class A misdemeanor. [2003 c.338 §3]Note: See note under 167.500.
(a) Sells or exchanges new and unused property that was not
produced or manufactured within the last five years as indicated by the
style of the packaging or of the material itself;
(b) Sells by sample, catalog or brochure for future delivery; or
(c) Makes a sales presentation to a consumer who received an
individualized invitation to attend the sales presentation prior to the
sales presentation from an owner or legal occupant of the premises where
the sales presentation takes place.
(2) The recordkeeping requirements in ORS 167.506 do not apply to:
(a) A person who sells or exchanges new and unused property at an
event that is organized and operated:
(A) For the exclusive benefit of a community chest, a fund, a
foundation, an association or a corporation; and
(B) For religious, educational or charitable purposes.
(b) A person who sells or exchanges motor vehicles or trailers that
are subject to state vehicle registration requirements.
(c) A person who sells or exchanges new and unused property at a
gun show as defined in ORS 166.432.
(d) A person who sells or exchanges new and unused property at a
livestock auction market as defined in ORS 599.205. [2003 c.338 §4]Note: See note under 167.500.MISCELLANEOUS (1) For the purposes of
this section:
(a) “Inhalant” means any glue, cement or other substance that is
capable of causing intoxication and that contains one or more of the
following chemical compounds:
(A) Acetone;
(B) Amyl acetate;
(C) Benzol or benzene;
(D) Butane;
(E) Butyl acetate;
(F) Butyl alcohol;
(G) Carbon tetrachloride;
(H) Chloroform;
(I) Cyclohexanone;
(J) Difluoroethane;
(K) Ethanol or ethyl alcohol;
(L) Ethyl acetate;
(M) Hexane;
(N) Isopropanol or isopropyl alcohol;
(O) Isopropyl acetate;
(P) Methyl cellosolve acetate;
(Q) Methyl ethyl ketone;
(R) Methyl isobutyl ketone;
(S) Nitrous oxide;
(T) Toluol or toluene;
(U) Trichloroethylene;
(V) Tricresyl phosphate;
(W) Xylol or xylene; or
(X) Any other solvent, material, substance, chemical or combination
thereof having the property of releasing toxic vapors or fumes.
(b) “Intoxication” means any mental or physical impairment or
incapacity.
(2) It is unlawful for a person to possess any inhalant if the
person intends to use the inhalant for the purpose of inducing
intoxication in the person who possesses the inhalant or for the purpose
of inducing intoxication in any other person.
(3) A person may not use any inhalant for the purpose of inducing
intoxication in the person using the inhalant or for the purpose of
inducing intoxication in any other person.
(4) The prohibitions of this section do not apply to any substance
that:
(a) Has been prescribed by a health practitioner, as described in
ORS 31.740, and that is used in the manner prescribed by the health
practitioner; or
(b) Is administered or used under the supervision of a health
practitioner, as described in ORS 31.740.
(5)(a) Any person who violates this section commits a violation.
Violation of this section is punishable by a fine of not more than $300.
In addition to or in lieu of a fine, a juvenile court may require that a
minor who engages in conduct prohibited by this section be provided with
treatment and counseling.
(b) Notwithstanding paragraph (a) of this subsection, a second or
subsequent violation of this section by a person is a Class B
misdemeanor. If a juvenile court finds that a minor has engaged in
conduct prohibited by this section on a second or subsequent occasion,
the court shall require that the minor receive treatment and counseling.
[1999 c.229 §1; 1999 c.1051 §322f]Note: 167.808 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 167 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation. (1) A person commits the crime of
creating a hazard if:
(a) The person intentionally maintains or leaves in a place
accessible to children a container with a compartment of more than one
and one-half cubic feet capacity and a door or lid which locks or fastens
automatically when closed and which cannot easily be opened from the
inside; or
(b) Being the owner or otherwise having possession of property upon
which there is a well, cistern, cesspool, excavation or other hole of a
depth of four feet or more and a top width of 12 inches or more, the
owner intentionally fails or refuses to cover or fence it with a suitable
protective construction.
(2) Creating a hazard is a Class B misdemeanor. [1971 c.743 §284] (1) A person commits the
crime of concealing the birth of an infant if the person conceals the
corpse of a newborn child with intent to conceal the fact of its birth or
to prevent a determination of whether it was born dead or alive.
(2) Concealing the birth of an infant is a Class A misdemeanor.
[1971 c.743 §286] (1)
A person commits the crime of improper repair of a vehicle inflatable
restraint system if the person knowingly:
(a) Installs as part of a vehicle inflatable restraint system an
object that is not designed in accordance with federal safety regulations
for the make, model and year of the motor vehicle; or
(b) If requested to repair or replace a vehicle inflatable
restraint system, fails to install an object that is required to make a
vehicle inflatable restraint system comply with federal safety
regulations for the make, model and year of the motor vehicle.
(2) Improper repair of a vehicle inflatable restraint system is a
Class A misdemeanor. [2001 c.439 §1]Note: 167.822 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 167 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.(1) A person may not possess more than two undeployed air bags
or air bag canisters containing sodium azide that have been removed from
a vehicle. This subsection does not apply to motor vehicle dealers,
automobile repair facilities or dismantlers certified under ORS 822.110.
(2) A violation of subsection (1) of this section is a Class C
misdemeanor. [2005 c.514 §2; 2005 c.654 §13b]Note: 167.824 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 167 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.
Except as provided in ORS 167.840, any person operating or conducting a
place of public amusement or entertainment, who employs or allows a child
under the age of 18 years to conduct or assist in conducting any public
dance, including but not limited to dancing by the child as a public
performance, or to assist in or furnish music for public dancing, commits
a Class D violation. [1971 c.743 §292; 1987 c.905 §18; 1999 c.1051 §163]
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