Title 163 · ORS Chapter 163

163.160, 163.165, 163.175, 163.185 or 163.190 or for committing an equivalent crime in another jurisdiction, in any combination; or �� (g) The person commits the strangulation knowing that the vic

Citation: ORS 163.160

Section: 163.160

163.160, 163.165, 163.175, 163.185 or 163.190 or for committing an equivalent crime in another jurisdiction, in any combination; or

�� (g) The person commits the strangulation knowing that the victim is pregnant.

�� (5) For purposes of subsection (4)(a) of this section, a strangulation is witnessed if the strangulation is seen or directly perceived in any other manner by the child.

�� (6) The Oregon Criminal Justice Commission shall classify strangulation committed under the circumstances described in subsection (4)(c) of this section as crime category 5 of the sentencing guidelines grid of the commission. [2003 c.577 �2, 2011 c.666 �1; 2012 c.82 �1; 2015 c.639 �1; 2018 c.84 �1]

Note: 163.187 was added to and made a part of 163.160 to 163.208 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 163.190 Menacing. (1) A person commits the crime of menacing if by word or conduct the person intentionally attempts to place another person in fear of imminent serious physical injury.

�� (2) Menacing is a Class A misdemeanor.

�� (3) If a person is convicted of menacing constituting domestic violence as an element of the crime as described ORS 132.586, the court shall ensure that the judgment document reflects that the conviction constitutes domestic violence. [1971 c.743 �95; 2021 c.581 �2]

�� 163.191 Intimidation by display of a noose. (1) A person commits the crime of intimidation by display of a noose if:

�� (a) The person, with the intent to intimidate another person or place another person in fear of imminent bodily harm, knowingly places a noose:

�� (A) On public property; or

�� (B) On private property without the written consent of the property owner;

�� (b) The other person is intimidated or placed in fear of imminent bodily harm by the display; and

�� (c) A reasonable person would be intimidated or placed in fear of imminent bodily harm by the display.

�� (2) Intimidation by display of a noose is a Class A misdemeanor.

�� (3) As used in this section:

�� (a) �Intimidate� means to threaten another person in a manner that compels or deters the other person�s conduct.

�� (b) �Noose� means a tied loop in the end of a length of rope or cord. [2021 c.276 �1]

�� Note: 163.191 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 163.192 Endangering a person protected by a Family Abuse Prevention Act restraining order. (1) A person commits the crime of endangering a person protected by a Family Abuse Prevention Act restraining order if the person:

�� (a) Has been served with the order as provided in ORS 107.718, unless service was waived under ORS 107.720 because the person appeared before the court;

�� (b) Intentionally engaged in conduct prohibited by the order while the order was in effect; and

�� (c) By engaging in the prohibited conduct, recklessly created a substantial risk of physical injury to a person protected by the order, or intentionally attempted to place a person protected by the order in fear of imminent physical injury.

�� (2) Endangering a person protected by a Family Abuse Prevention Act restraining order is a Class C felony. [2015 c.527 �2]

�� Note: 163.192 was added to and made a part of 163.160 to 163.208 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 163.193 Assisting another person to commit suicide. (1) A person commits the crime of assisting another person to commit suicide if the person knowingly sells, or otherwise transfers for consideration, any substance or object, that is capable of causing death, to another person for the purpose of assisting the other person to commit suicide.

�� (2) This section does not apply to a person:

�� (a) Acting pursuant to a court order, an advance directive or a form for appointing a health care representative pursuant to ORS 127.505 to 127.660 or a POLST, as defined in ORS 127.663;

�� (b) Withholding or withdrawing life-sustaining procedures or artificially administered nutrition and hydration pursuant to ORS 127.505 to 127.660; or

�� (c) Acting in accordance with the provisions of ORS 127.800 to 127.897.

�� (3) Assisting another person to commit suicide is a Class B felony. [2011 c.552 �2; 2013 c.1 �10; 2018 c.36 �27]

�� Note: 163.193 was added to and made a part of 163.160 to 163.208 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 163.195 Recklessly endangering another person. (1) A person commits the crime of recklessly endangering another person if the person recklessly engages in conduct which creates a substantial risk of serious physical injury to another person.

�� (2) Recklessly endangering another person is a Class A misdemeanor. [1971 c.743 �96]

�� 163.196 Aggravated driving while suspended or revoked. (1) A person commits the crime of aggravated driving while suspended or revoked if the person operates a motor vehicle that causes serious physical injury to, or the death of, another person while knowingly violating ORS 811.175 or 811.182, if the suspension or revocation resulted from, or if the hardship permit violated is based upon a suspension or revocation that resulted from, a conviction for a criminal offense involving the use of a motor vehicle.

�� (2) Aggravated driving while suspended or revoked is a Class C felony.

�� (3) The Oregon Criminal Justice Commission shall classify aggravated driving while suspended or revoked as crime category 7 of the sentencing guidelines grid of the commission. [2009 c.783 �5; 2018 c.76 �3]

�� Note: 163.196 was added to and made a part of ORS chapter 163 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 163.197 Hazing. (1) A student organization or a member of a student organization commits the offense of hazing if, as a condition or precondition of attaining membership in the organization or of attaining any office or status in the organization, the organization or member intentionally hazes any member, potential member or person pledged to be a member of the organization.

�� (2)(a) A student organization that violates subsection (1) of this section commits a Class A violation.

�� (b) A member of a student organization who personally violates subsection (1) of this section commits a Class B violation.

�� (3) Consent of the person who is hazed is not a defense in a prosecution under this section.

�� (4) As used in this section:

�� (a) �Haze� means:

�� (A) To subject an individual to whipping, beating, striking, branding or electronic shocking, to place a harmful substance on an individual�s body or to subject an individual to other similar forms of physical brutality;

�� (B) To subject an individual to sleep deprivation, exposure to the elements, confinement in a small space or other similar activity that subjects the individual to an unreasonable risk of harm or adversely affects the physical health or safety of the individual;

�� (C) To compel an individual to consume food, liquid, alcohol, cannabis, controlled substances or other substances that subject the individual to an unreasonable risk of harm or adversely affect the physical health or safety of the individual; or

�� (D) To induce, cause or require an individual to perform a duty or task that involves the commission of a crime or an act of hazing.

�� (b) �Member� includes volunteers, coaches and faculty advisers of a student organization.

�� (c) �Student organization� means a fraternity, sorority, athletic team or other organization that is organized or operating on a college, university or elementary or secondary school campus for the purpose of providing members an opportunity to participate in student activities of the college, university or elementary or secondary school. [1983 c.202 �2; 1999 c.1051 �152; 2009 c.493 �1; 2017 c.21 �42]

�� 163.200 Criminal mistreatment in the second degree. (1) A person commits the crime of criminal mistreatment in the second degree if, with criminal negligence and:

�� (a) In violation of a legal duty to provide care for another person, the person withholds necessary and adequate food, physical care or medical attention from that person; or

�� (b) Having assumed the permanent or temporary care, custody or responsibility for the supervision of another person, the person withholds necessary and adequate food, physical care or medical attention from that person.

�� (2) Criminal mistreatment in the second degree is a Class A misdemeanor.

�� (3) As used in this section, �legal duty� includes but is not limited to a duty created by familial relationship, court order, contractual agreement or statutory or case law. [1973 c.627 �2; 1993 c.364 �1]

�� 163.205 Criminal mistreatment in the first degree. (1) A person commits the crime of criminal mistreatment in the first degree if:

�� (a) The person, in violation of a legal duty to provide care for another person, or having assumed the permanent or temporary care, custody or responsibility for the supervision of another person, intentionally or knowingly withholds necessary and adequate food, physical care or medical attention from that other person; or

�� (b) The person, in violation of a legal duty to provide care for a dependent person or elderly person, or having assumed the permanent or temporary care, custody or responsibility for the supervision of a dependent person or elderly person, intentionally or knowingly:

�� (A) Causes physical injury or injuries to the dependent person or elderly person;

�� (B) Deserts the dependent person or elderly person in a place with the intent to abandon that person;

�� (C) Leaves the dependent person or elderly person unattended at a place for such a period of time as may be likely to endanger the health or welfare of that person;

�� (D) Hides the dependent person�s or elderly person�s money or property or takes the money or property for, or appropriates the money or property to, any use or purpose not in the due and lawful execution of the person�s responsibility;

�� (E) Takes charge of a dependent or elderly person for the purpose of fraud;

�� (F) Leaves the dependent person or elderly person, or causes the dependent person or elderly person to enter or remain, in or upon premises:

�� (i) Where a cannabinoid extract as defined in ORS 475C.009 is being processed; and

�� (ii) That have not been licensed under ORS 475C.085; or

�� (G) Leaves the dependent person or elderly person, or causes the dependent person or elderly person to enter or remain, in or upon premises where a chemical reaction involving one or more precursor substances:

�� (i) Is occurring as part of unlawfully manufacturing a controlled substance or grinding, soaking or otherwise breaking down a precursor substance for the unlawful manufacture of a controlled substance; or

�� (ii) Has occurred as part of unlawfully manufacturing a controlled substance or grinding, soaking or otherwise breaking down a precursor substance for the unlawful manufacture of a controlled substance and the premises have not been certified as fit for use under ORS 453.885.

�� (2) As used in this section:

�� (a) �Controlled substance� has the meaning given that term in ORS 475.005.

�� (b) �Dependent person� means a person who because of either age or a physical or mental disability is dependent upon another to provide for the person�s physical needs.

�� (c) �Elderly person� means a person 65 years of age or older.

�� (d) �Legal duty� includes but is not limited to a duty created by familial relationship, court order, contractual agreement or statutory or case law.

�� (e) �Precursor substance� has the meaning given that term in ORS 475.940.

�� (3) Criminal mistreatment in the first degree is a Class C felony. [1973 c.627 �3; 1981 c.486 �1; 1993 c.364 �2; 2005 c.708 �1; 2017 c.21 �43]

�� 163.206 Exceptions to criminal mistreatment. ORS 163.200 and 163.205 do not apply:

�� (1) To a person acting pursuant to a court order, an advance directive or a form for appointing a health care representative pursuant to ORS 127.505 to 127.660 or a POLST, as defined in ORS 127.663;

�� (2) To a person withholding or withdrawing life-sustaining procedures or artificially administered nutrition and hydration pursuant to ORS 127.505 to 127.660;

�� (3) When a competent person refuses food, physical care or medical care;

�� (4) To a person who provides an elderly person or a dependent person who is at least 18 years of age with spiritual treatment through prayer from a duly accredited practitioner of spiritual treatment as provided in ORS 124.095, in lieu of medical treatment, in accordance with the tenets and practices of a recognized church or religious denomination of which the elderly or dependent person is a member or an adherent; or

�� (5) To a duly accredited practitioner of spiritual treatment as provided in ORS 124.095. [1993 c.364 �3; 1995 c.79 �51; 1999 c.954 �5; 2009 c.595 �1190; 2011 c.291 �4; 2018 c.36 �28]

�� Note: 163.206 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 163.207 Female genital mutilation. (1) A person commits the crime of female genital mutilation if the person:

�� (a) Knowingly circumcises, excises or infibulates the whole or any part of the labia majora, labia minora or clitoris of a child; or

�� (b) Is the parent, guardian or other person legally responsible for the care or custody of a child and knowingly allows the circumcision, excision or infibulation of the whole or any part of the child�s labia majora, labia minora or clitoris.

�� (2) Female genital mutilation is a Class B felony.

�� (3)(a) A person who circumcises, excises or infibulates the whole or any part of a child�s labia majora, labia minora or clitoris does not violate subsection (1) of this section if:

�� (A) The person is a physician, licensed to practice in this state; and

�� (B) The surgery is medically necessary for the physical well-being of the child.

�� (b) In determining medical necessity for purposes of paragraph (a)(B) of this subsection, a person may not consider the effect on the child of the child�s belief that the surgery is required as a matter of custom or ritual. [1999 c.737 �1]

�� Note: 163.207 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 163.208 Assaulting a public safety officer. (1) A person commits the crime of assaulting a public safety officer if the person intentionally or knowingly causes physical injury to the other person, knowing the other person to be a peace officer, corrections officer, youth correction officer, parole and probation officer, animal control officer, firefighter or staff member, and while the other person is acting in the course of official duty.

�� (2) Assaulting a public safety officer is a Class C felony.

�� (3)(a) Except as otherwise provided in paragraph (b) of this subsection, a person convicted under this section shall be sentenced to not less than seven days of imprisonment and shall not be granted bench parole or suspension of sentence nor released on a sentence of probation before serving at least seven days of the sentence of confinement.

�� (b) A person convicted under this section shall be sentenced to not less than 14 days of imprisonment and shall not be granted bench parole or suspension of sentence nor released on a sentence of probation before serving at least 14 days of the sentence of confinement if the victim is a peace officer.

�� (4) As used in this section:

�� (a) �Animal control officer� has the meaning given that term in ORS 609.500; and

�� (b) �Staff member� means:

�� (A) A corrections officer as defined in ORS 181A.355, a youth correction officer, a Department of Corrections or Oregon Youth Authority staff member or a person employed pursuant to a contract with the department or youth authority to work with, or in the vicinity of, adults in custody or adjudicated youths; and

�� (B) A volunteer authorized by the department, youth authority or other entity in charge of a corrections facility to work with, or in the vicinity of, adults in custody or adjudicated youths. [1981 c.783 �2; 1993 c.14 �21; 1993 c.358 �1; 1995 c.651 �4; 1999 c.1040 �14; 2001 c.104 �51; 2001 c.828 �1; 2003 c.327 �1; 2019 c.213 �120; 2021 c.489 �12]

�� 163.210 [Repealed by 1971 c.743 �432]

�� 163.211 Definitions for ORS 163.211 to 163.213. As used in ORS 163.211 to 163.213:

�� (1) �Corrections officer� and �parole and probation officer� have the meanings given those terms in ORS 181A.355.

�� (2) �Mace, tear gas, pepper mace or any similar deleterious agent� means a sternutator, lacrimator or any substance composed of a mixture of a sternutator or lacrimator including, but not limited to, chloroacetophenone, alpha-chloroacetophenone, phenylchloromethylketone, orthochlorobenzalmalononitrile, oleoresin capsicum or a chemically similar sternutator or lacrimator by whatever name known, or phosgene or other gas or substance capable of generating offensive, noxious or suffocating fumes, gases or vapor or capable of immobilizing a person.

�� (3) �Tear gas weapon� includes:

�� (a) Any shell, cartridge or bomb capable of being discharged or exploded, when the discharge or explosion will cause or permit the release or emission of tear gas or oleoresin capsicum.

�� (b) Any revolver, pistol, fountain pen gun, billy or other form of device, portable or fixed, intended for the projection or release of tear gas or oleoresin capsicum. [1995 c.651 �1]

�� Note: 163.211 to 163.213 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 163.212 Unlawful use of an electrical stun gun, tear gas or mace in the second degree. (1) A person commits the crime of unlawful use of an electrical stun gun, tear gas or mace in the second degree if the person recklessly discharges an electrical stun gun, tear gas weapon, mace, tear gas, pepper mace or any similar deleterious agent against another person.

�� (2) Unlawful use of an electrical stun gun, tear gas or mace in the second degree is a Class A misdemeanor. [1995 c.651 �2]

�� Note: See note under 163.211.

�� 163.213 Unlawful use of an electrical stun gun, tear gas or mace in the first degree. (1) A person commits the crime of unlawful use of an electrical stun gun, tear gas or mace in the first degree if the person knowingly discharges or causes to be discharged any electrical stun gun, tear gas weapon, mace, tear gas, pepper mace or any similar deleterious agent against another person, knowing the other person to be a peace officer, corrections officer, parole and probation officer, firefighter or emergency medical services provider and while the other person is acting in the course of official duty.

�� (2) Unlawful use of an electrical stun gun, tear gas or mace in the first degree is a Class C felony. [1995 c.651 �3; 2011 c.703 �50]

�� Note: See note under 163.211.

KIDNAPPING AND RELATED OFFENSES

�� 163.215 Definitions for ORS 163.215 to 163.257. As used in ORS 163.215 to 163.257, unless the context requires otherwise:

�� (1) �Without consent� means that the taking or confinement is accomplished by force, threat or deception, or, in the case of a person under 16 years of age or who is otherwise incapable of giving consent, that the taking or confinement is accomplished without the consent of the lawful custodian of the person.

�� (2) �Lawful custodian� means a parent, guardian or other person responsible by authority of law for the care, custody or control of another.

�� (3) �Relative� means a parent, ancestor, brother, sister, uncle or aunt. [1971 c.743 �97]

�� 163.220 [Repealed by 1971 c.743 �432]

�� 163.225 Kidnapping in the second degree. (1) A person commits the crime of kidnapping in the second degree if, with intent to interfere substantially with another�s personal liberty, and without consent or legal authority, the person:

�� (a) Takes the person from one place to another; or

�� (b) Secretly confines the person in a place where the person is not likely to be found.

�� (2) It is a defense to a prosecution under subsection (1) of this section if:

�� (a) The person taken or confined is under 16 years of age;

�� (b) The defendant is a relative of that person; and

�� (c) The sole purpose of the person is to assume control of that person.

�� (3) Kidnapping in the second degree is a Class B felony. [1971 c.743 �98; 2005 c.22 �111]

�� 163.230 [Repealed by 1971 c.743 �432]

�� 163.235 Kidnapping in the first degree. (1) A person commits the crime of kidnapping in the first degree if the person violates ORS 163.225 with any of the following purposes:

�� (a) To compel any person to pay or deliver money or property as ransom;

�� (b) To hold the victim as a shield or hostage;

�� (c) To cause physical injury to the victim;

�� (d) To terrorize the victim or another person; or

�� (e) To further the commission or attempted commission of any of the following crimes against the victim:

�� (A) Rape in the first degree, as defined in ORS 163.375 (1)(b);

�� (B) Sodomy in the first degree, as defined in ORS 163.405 (1)(b); or

�� (C) Unlawful sexual penetration in the first degree, as defined in ORS 163.411 (1)(b).

�� (2) Kidnapping in the first degree is a Class A felony. [1971 c.743 �99; 2005 c.22 �112; 2009 c.660 �43]

�� 163.240 [Repealed by 1971 c.743 �432]

�� 163.245 Custodial interference in the second degree. (1) A person commits the crime of custodial interference in the second degree if, knowing or having reason to know that the person has no legal right to do so, the person takes, entices or keeps another person from the other person�s lawful custodian or in violation of a valid joint custody order with intent to hold the other person permanently or for a protracted period.

�� (2) Expenses incurred by a lawful custodial parent or a parent enforcing a valid joint custody order in locating and regaining physical custody of the person taken, enticed or kept in violation of this section are �economic damages� for purposes of restitution under ORS 137.103 to 137.109.

�� (3) Custodial interference in the second degree is a Class C felony. [1971 c.743 �100; 1981 c.774 �1; 1987 c.795 �7; 2005 c.564 �6]

�� 163.250 [Repealed by 1971 c.743 �432]

�� 163.255 [1955 c.530 �1; repealed by 1971 c.743 �432]

�� 163.257 Custodial interference in the first degree. (1) A person commits the crime of custodial interference in the first degree if the person violates ORS 163.245 and:

�� (a) Causes the person taken, enticed or kept from the lawful custodian or in violation of a valid joint custody order to be removed from the state; or

�� (b) Exposes that person to a substantial risk of illness or physical injury.

�� (3) Custodial interference in the first degree is a Class B felony. [1971 c.743 �101; 1981 c.774 �2; 1987 c.795 �8; 2005 c.564 �7]

�� 163.260 [Amended by 1955 c.366 �1; repealed by 1971 c.743 �432]

�� 163.261 Definitions for ORS 163.261, 163.263 and 163.264. As used in this section and ORS