Title 163 · ORS Chapter 163

prohibits a penetration described in those sections when:

Citation: ORS 163.452

Section: 163.452

163.452 prohibits a penetration described in those sections when:

�� (1) The penetration is part of a medically recognized treatment or diagnostic procedure and is for a legitimate medical purpose; or

�� (2) The penetration is accomplished by a peace officer or a corrections officer acting in official capacity, or by medical personnel at the request of such an officer, in order to search for weapons, contraband or evidence of crime. [1981 c.549 �4; 2005 c.488 �5; 2023 c.200 �3a]

�� 163.413 Purchasing sex with a minor. (1) A person commits the crime of purchasing sex with a minor if the person pays, or offers or agrees to pay, a fee to engage in sexual intercourse or sexual contact with a minor, a police officer posing as a minor or an agent of a police officer posing as a minor.

�� (2)(a) If the person does not have a prior conviction under this section at the time of the offense, purchasing sex with a minor is a Class C felony and the person may use a defense described in ORS 163.325 only if the minor or, in the case of a police officer or agent of a police officer posing as a minor, the age of the purported minor as reported to the defendant was at least 16 years of age.

�� (b) If the person has one or more prior convictions under this section at the time of the offense, purchasing sex with a minor is a Class B felony, the state need not prove that the person knew the minor or, in the case of a police officer or agent of a police officer posing as a minor, the purported minor was under 18 years of age and the person may not use a defense described in ORS 163.325.

�� (3)(a) When a person is convicted under this section, in addition to any other sentence that may be imposed, the court shall impose and may not suspend the sentence described in paragraph (b) of this subsection.

�� (b) The mandatory minimum sentences that apply to paragraph (a) of this subsection are as follows:

�� (A) For a person�s first conviction, a fine in the amount of $10,000, a term of incarceration of at least 30 days and completion of a john school program.

�� (B) For a person�s second or subsequent conviction, a fine in the amount of $20,000 and the court shall designate the offense as a sex crime under ORS 163A.005.

�� (c) Notwithstanding paragraphs (a) and (b) of this subsection, if the court determines that the person is unable to pay the full amount of the mandatory minimum fine, the court shall impose and may not suspend a fine in an amount the court determines the person is able to pay.

�� (d) For a person�s first conviction under this section, the court may designate the offense as a sex crime under ORS 163A.005 if the court finds that the circumstances of the offense and the age of the minor or, in the case of a police officer or agent of a police officer posing as a minor, the purported minor as reported to the defendant require the defendant to register and report as a sex offender for the safety of the community.

�� (4) As used in this section:

�� (a) �John school� means any course, class or program intended to educate and prevent recidivism of persons who have been arrested for, charged with or convicted of commercial sexual solicitation or purchasing sex with a minor or attempting to engage in commercial sexual solicitation or purchase sex with a minor.

�� (b) �Minor� means a person under 18 years of age.

�� (c) �Police officer� has the meaning given that term in ORS 181A.355. [2013 c.720 �4; 2015 c.98 �6; 2015 c.101 �2]

�� 163.415 Sexual abuse in the third degree. (1) A person commits the crime of sexual abuse in the third degree if:

�� (a) The person subjects another person to sexual contact and:

�� (A) The victim does not consent to the sexual contact; or

�� (B) The victim is incapable of consent by reason of being under 18 years of age; or

�� (b) For the purpose of arousing or gratifying the sexual desire of the person or another person, the person intentionally propels any dangerous substance at a victim without the consent of the victim.

�� (2) Sexual abuse in the third degree is a Class A misdemeanor.

�� (3) As used in this section, �dangerous substance� means blood, urine, semen or feces. [1971 c.743 �115; 1979 c.489 �1; 1991 c.830 �1; 1995 c.657 �11; 1995 c.671 �9; 2009 c.616 �1]

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

�� 163.425 Sexual abuse in the second degree. (1) A person commits the crime of sexual abuse in the second degree when:

�� (a) The person subjects another person to sexual intercourse, oral or anal sexual intercourse or, except as provided in ORS 163.412, penetration of the vagina, anus or penis with any object other than the penis or mouth of the actor and the victim does not consent thereto; or

�� (b)(A) The person violates ORS 163.415 (1)(a)(B);

�� (B) The person is 21 years of age or older; and

�� (C) At any time before the commission of the offense, the person was the victim�s coach or teacher, as those terms are defined in ORS 163.426.

�� (2) Sexual abuse in the second degree is a Class C felony. [1971 c.743 �116; 1983 c.564 �1; 1991 c.386 �14; 1991 c.830 �2; 2009 c.876 �2; 2017 c.318 �6; 2021 c.403 �1]

�� 163.426 Crime category classification for sexual abuse in the second degree. (1) As used in this section:

�� (a) �Coach� means a person who instructs or trains an individual or members of a team in a sport.

�� (b) �Teacher� means an employee of a school or school district who has direct responsibility for the instruction of students.

�� (2) The Oregon Criminal Justice Commission shall classify sexual abuse in the second degree as described in ORS 163.425 (1)(a) as a crime category 8 of the sentencing guidelines grid of the commission if:

�� (a) The victim is incapable of consent by reason of being under 18 years of age;

�� (b) The offender is 21 years of age or older; and

�� (c) At any time before the commission of the offense, the offender was the victim�s coach or teacher. [2009 c.876 �1; 2021 c.403 �2]

�� Note: 163.426 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.

�� 163.427 Sexual abuse in the first degree. (1) A person commits the crime of sexual abuse in the first degree when that person:

�� (a) Subjects another person to sexual contact and:

�� (A) The victim is less than 14 years of age;

�� (B) The victim is subjected to forcible compulsion by the actor; or

�� (C) The victim is incapable of consent by reason of being mentally incapacitated, physically helpless or incapable of appraising the nature of the victim�s conduct; or

�� (b) Intentionally causes a person under 18 years of age to touch or contact the mouth, anus or sex organs of an animal for the purpose of arousing or gratifying the sexual desire of a person.

�� (2) Sexual abuse in the first degree is a Class B felony. [1991 c.830 �3; 1995 c.657 �12; 1995 c.671 �10; 2021 c.82 �7]

�� Note: 163.427 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.

�� 163.429 Sexual abuse by fraudulent representation. (1) A person commits the crime of sexual abuse by fraudulent representation if the person is a licensee and knowingly:

�� (a) Subjects another person to sexual contact; and

�� (b) Falsely or fraudulently represents to the other person that the sexual contact serves a legitimate medical purpose.

�� (2) Sexual abuse by fraudulent representation is a Class B felony.

�� (3) The Oregon Criminal Justice Commission shall classify sexual abuse by fraudulent representation as a crime category 8 of the sentencing guidelines grid of the commission.

�� (4) As used in this section:

�� (a) �Licensee� has the meaning given that term in ORS 676.150.

�� (b) �Sexual contact� has the meaning given that term in ORS 163.305. [2023 c.200 �1]

�� Note: 163.429 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.

�� 163.430 [Amended by 1967 c.359 �683; repealed by 1971 c.743 �432]

�� 163.431 Definitions for ORS 163.431 to 163.434. As used in ORS 163.431 to 163.434:

�� (1) �Child� means a person who the defendant reasonably believes to be under 16 years of age.

�� (2) �Online communication� means communication that occurs via telephone text messaging, electronic mail, personal or instant messaging, chat rooms, bulletin boards or any other transmission of information by wire, radio, optical cable, cellular system, electromagnetic system or other similar means.

�� (3) �Sexual contact� has the meaning given that term in ORS 163.305.

�� (4) �Sexually explicit conduct� has the meaning given that term in ORS 163.665.

�� (5) �Solicit� means to invite, request, seduce, lure, entice, persuade, prevail upon, coax, coerce or attempt to do so. [2007 c.876 �1; 2009 c.517 �1]

�� Note: 163.431 to 163.434 were added to and made a part of ORS chapter 163 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 163.432 Online sexual corruption of a child in the second degree. (1) A person commits the crime of online sexual corruption of a child in the second degree if the person is 18 years of age or older and:

�� (a) For the purpose of arousing or gratifying the sexual desire of the person or another person, knowingly uses an online communication to solicit a child to engage in sexual contact or sexually explicit conduct; and

�� (b) Offers or agrees to physically meet with the child.

�� (2) Online sexual corruption of a child in the second degree is a Class C felony. [2007 c.876 �2]

�� Note: See note under 163.431.

�� 163.433 Online sexual corruption of a child in the first degree. (1) A person commits the crime of online sexual corruption of a child in the first degree if the person violates ORS 163.432 and intentionally takes a substantial step toward physically meeting with or encountering the child.

�� (2) Online sexual corruption of a child in the first degree is a Class B felony. [2007 c.876 �3]

�� Note: See note under 163.431.

�� 163.434 Provisions applicable to online sexual corruption of a child. (1) It is an affirmative defense to a prosecution for online sexual corruption of a child in the first or second degree that the person was not more than three years older than the person reasonably believed the child to be.

�� (2) It is not a defense to a prosecution for online sexual corruption of a child in the first or second degree that the person was in fact communicating with a law enforcement officer, as defined in ORS 163.730, or a person working under the direction of a law enforcement officer, who is 16 years of age or older.

�� (3) Online sexual corruption of a child in the first or second degree is committed in either the county in which the communication originated or the county in which the communication was received. [2007 c.876 �4]

�� Note: See note under 163.431.

�� 163.435 Contributing to the sexual delinquency of a minor. (1) A person 18 years of age or older commits the crime of contributing to the sexual delinquency of a minor if:

�� (a) Being a male, he engages in sexual intercourse with a female under 18 years of age; or

�� (b) Being a female, she engages in sexual intercourse with a male under 18 years of age; or

�� (c) The person engages in oral or anal sexual intercourse with another person under 18 years of age or causes that person to engage in oral or anal sexual intercourse.

�� (2) Contributing to the sexual delinquency of a minor is a Class A misdemeanor. [1971 c.743 �117; 2017 c.318 �7]

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

�� 163.445 Sexual misconduct. (1) A person commits the crime of sexual misconduct if the person engages in sexual intercourse or oral or anal sexual intercourse with an unmarried person under 18 years of age.

�� (2) Sexual misconduct is a Class C misdemeanor. [1971 c.743 �118; 2017 c.318 �8]

�� 163.448 Definitions for ORS 163.452 and 163.454. As used in ORS 163.452 and 163.454, �correctional facility� has the meaning given that term in ORS 162.135. [2005 c.488 �2]

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

�� 163.452 Custodial sexual misconduct in the first degree. (1) A person commits the crime of custodial sexual misconduct in the first degree if the person:

�� (a) Engages in sexual intercourse or oral or anal sexual intercourse with another person or penetrates the vagina, anus or penis of another person with any object other than the penis or mouth of the actor knowing that the other person is:

�� (A) In the custody of a law enforcement agency following arrest;

�� (B) Confined or detained in a correctional facility;

�� (C) Participating in an adult in custody or offender work crew or work release program; or

�� (D) On probation, parole, post-prison supervision or other form of conditional or supervised release; and

�� (b) Is employed by or under contract with the state or local agency that:

�� (A) Employs the officer who arrested the other person;

�� (B) Operates the correctional facility in which the other person is confined or detained;

�� (C) Is responsible for supervising the other person in a work crew or work release program or on probation, parole, post-prison supervision or other form of conditional or supervised release; or

�� (D) Engages the other person in work or on-the-job training pursuant to ORS 421.354 (1).

�� (2) Consent of the other person to sexual intercourse, oral or anal sexual intercourse or the sexual penetration is not a defense to a prosecution under this section.

�� (3) Lack of supervisory authority over the other person is an affirmative defense to a prosecution under this section when the other person is on probation, parole, post-prison supervision or other form of conditional or supervised release.

�� (4) Custodial sexual misconduct in the first degree is a Class C felony. [2005 c.488 �3; 2017 c.318 �9; 2019 c.213 �41]

�� 163.454 Custodial sexual misconduct in the second degree. (1) A person commits the crime of custodial sexual misconduct in the second degree if the person:

�� (a) Engages in sexual contact with another person knowing that the other person is:

�� (A) In the custody of a law enforcement agency following arrest;

�� (B) Confined or detained in a correctional facility;

�� (C) Participating in an adult in custody or offender work crew or work release program; or

�� (D) On probation, parole, post-prison supervision or other form of conditional or supervised release; and

�� (b) Is employed by or under contract with the state or local agency that:

�� (A) Employs the officer who arrested the other person;

�� (B) Operates the correctional facility in which the other person is confined or detained;

�� (D) Engages the other person in work or on-the-job training pursuant to ORS 421.354 (1).

�� (2) Consent of the other person to sexual contact is not a defense to a prosecution under this section.

�� (4) Custodial sexual misconduct in the second degree is a Class A misdemeanor. [2005 c.488 �4; 2019 c.213 �42]

�� 163.455 [1971 c.743 �119; repealed by 1983 c.546 �1]

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

�� 163.465 Public indecency. (1) A person commits the crime of public indecency if while in, or in view of, a public place the person performs:

�� (a) An act of sexual intercourse;

�� (b) An act of oral or anal sexual intercourse;

�� (c) Masturbation; or

�� (d) An act of exposing the genitals of the person with the intent of arousing the sexual desire of the person or another person.

�� (2)(a) Public indecency is a Class A misdemeanor.

�� (b) Notwithstanding paragraph (a) of this subsection, public indecency is a Class C felony if the person has a prior conviction for public indecency or a crime described in ORS 163.355 to 163.445 or 163.665 to 163.693 or for a crime in another jurisdiction that, if committed in this state, would constitute public indecency or a crime described in ORS 163.355 to 163.445 or 163.665 to 163.693. [1971 c.743 �120; 1999 c.962 �1; 2005 c.434 �1; 2017 c.318 �10; 2019 c.65 �1; 2023 c.198 �1]

�� 163.466 Classification of felony public indecency. The Oregon Criminal Justice Commission shall classify felony public indecency as a person felony and crime category 6 of the sentencing guidelines grid of the commission. [1999 c.962 �3]

�� Note: 163.466 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.

�� 163.467 Private indecency. (1) A person commits the crime of private indecency if the person exposes the genitals of the person with the intent of arousing the sexual desire of the person or another person and:

�� (a) The person is in a place where another person has a reasonable expectation of privacy;

�� (b) The person is in view of the other person;

�� (c) The exposure reasonably would be expected to alarm or annoy the other person; and

�� (d) The person knows that the other person did not consent to the exposure.

�� (2) Private indecency is a Class A misdemeanor.

�� (3) Subsection (1) of this section does not apply to a person who commits the act described in subsection (1) of this section if the person cohabits with and is involved in a sexually intimate relationship with the other person.

�� (4) For purposes of this section, �place where another person has a reasonable expectation of privacy� includes, but is not limited to, residences, yards of residences, working areas and offices. [1999 c.869 �2]

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

�� 163.472 Unlawful dissemination of an intimate image. (1) A person commits the crime of unlawful dissemination of an intimate image if:

�� (a) The person, with the intent to harass, humiliate or injure another person, knowingly causes to be disclosed an image of the other person whose intimate parts are visible or who is engaged in sexual conduct;

�� (b) The person knows or reasonably should have known that the other person does not consent to the disclosure;

�� (c) The other person is harassed, humiliated or injured by the disclosure; and

�� (d) A reasonable person would be harassed, humiliated or injured by the disclosure.

�� (2)(a) Except as provided in paragraph (b) of this subsection, unlawful dissemination of an intimate image is a Class A misdemeanor.

�� (b) Unlawful dissemination of an intimate image is a Class C felony if the person has a prior conviction under this section at the time of the offense.

�� (3) As used in this section:

�� (a) �Disclose� includes, but is not limited to, transfer, publish, distribute, exhibit, advertise and offer.

�� (b) �Image� includes, but is not limited to, the following, regardless of the manner in which the image is stored:

�� (A) A photograph, film, videotape, recording, digital picture or other visual reproduction.

�� (B) A digitally created, manipulated or altered depiction that is reasonably realistic.

�� (c) �Information content provider� has the meaning given that term in 47 U.S.C. 230(f).

�� (d) �Interactive computer service� has the meaning given that term in 47 U.S.C. 230(f).

�� (e) �Intimate parts� means uncovered human genitals, pubic areas or female nipples.

�� (f) �Sexual conduct� means sexual intercourse or oral or anal sexual intercourse, as those terms are defined in ORS 163.305, or masturbation.

�� (4) This section does not apply to:

�� (a) Activity by law enforcement agencies investigating and prosecuting criminal offenses;

�� (b) Legitimate medical, scientific or educational activities;

�� (c) Legal proceedings, when disclosure is consistent with common practice in civil proceedings or necessary for the proper functioning of the criminal justice system;

�� (d) The reporting of unlawful conduct to a law enforcement agency;

�� (e) Disclosures that serve a lawful public interest;

�� (f) Disclosures of images:

�� (A) Depicting the other person voluntarily displaying, in a public area, the other person�s intimate parts or engaging in sexual conduct; or

�� (B) Originally created for a commercial purpose with the consent of the other person; or

�� (g) The provider of an interactive computer service for an image of intimate parts provided by an information content provider. [2015 c.379 �1; 2017 c.318 �11; 2019 c.304 �1; 2024 c.42 �4; 2025 c.116 �1]

�� Note: 163.472 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.

�� 163.475 [1975 c.176 �2; 1977 c.822 �1; repealed by 1981 c.892 �98]

�� 163.476 Unlawfully being in a location where children regularly congregate. (1) A person commits the crime of unlawfully being in a location where children regularly congregate if the person:

�� (a)(A) Has been designated a sexually violent dangerous offender under ORS 137.765;

�� (B) Has been classified as a level three sex offender under ORS 163A.100 (3), and does not have written approval from the State Board of Parole and Post-Prison Supervision or the person�s supervisory authority or supervising officer to be in or upon the specific premises;

�� (C) Has been sentenced as a dangerous offender under ORS 161.725 upon conviction of a sex crime; or

�� (D) Has been given a similar designation or been sentenced under a similar law of another jurisdiction; and

�� (b) Knowingly enters or remains in or upon premises where persons under 18 years of age regularly congregate.

�� (2) As used in this section:

�� (a) �Premises where persons under 18 years of age regularly congregate� means schools, child care centers, playgrounds, other places intended for use primarily by persons under 18 years of age and places where persons under 18 years of age gather for regularly scheduled educational and recreational programs.

�� (b) �Sex crime� has the meaning given that term in ORS 163A.005.

�� (3) Unlawfully being in a location where children regularly congregate is a Class A misdemeanor. [2005 c.811 �1; 2013 c.708 �12; 2015 c.820 ��17,24; 2017 c.442 �34; 2019 c.430 ��5,9]

�� Note: 163.476 and 163.479 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.

�� 163.477 [1979 c.706 �3; repealed by 1985 c.557 �10]

�� 163.479 Unlawful contact with a child. (1) A person commits the crime of unlawful contact with a child if the person:

�� (a)(A) Has been designated a sexually violent dangerous offender under ORS 137.765;

�� (B) Has been classified as a level three sex offender under ORS 163A.100 (3);

�� (C) Has been sentenced as a dangerous offender under ORS 161.725 upon conviction of a sex crime; or

�� (D) Has been given a similar designation or been sentenced under a similar law of another jurisdiction; and

�� (b) Knowingly contacts a child with the intent to commit a crime or for the purpose of arousing or satisfying the sexual desires of the person or another person.

�� (2) As used in this section:

�� (a) �Child� means a person under 18 years of age.

�� (b) �Contact� means to communicate in any manner.

�� (c) �Sex crime� has the meaning given that term in ORS 163A.005.

�� (3) Unlawful contact with a child is a Class C felony. [2005 c.811 �2; 2013 c.708 �13; 2015 c.820 ��18,25; 2017 c.442 �35; 2019 c.430 ��6,10]

�� Note: See note under 163.476.

�� 163.480 [Amended by 1963 c.406 �1; repealed by 1971 c.743 �432]

�� 163.483 [1979 c.706 �2; 1983 c.740 �30; repealed by 1985 c.557 �10]

�� 163.485 [1979 c.706 �4; repealed by 1985 c.557 �10]

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

�� 163.495 [1979 c.706 �5; 1987 c.158 �25; 1987 c.864 �14; renumbered 163.676 in 1987]

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

OFFENSES AGAINST FAMILY

�� 163.505 Definitions for certain provisions of ORS 163.505 to 163.575. As used in ORS 163.505 to 163.575, unless the context requires otherwise:

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

�� (2) �Descendant� includes persons related by descending lineal consanguinity, stepchildren and lawfully adopted children.

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

�� (4) �Support� includes, but is not limited to, necessary and proper shelter, food, clothing, medical attention and education. [1971 c.743 �170; 2005 c.708 �3]

�� 163.515 Bigamy. (1) A person commits the crime of bigamy if the person knowingly marries or purports to marry another person at a time when either is lawfully married.

�� (2) Bigamy is a Class C felony. [1971 c.743 �171]

�� 163.525 Incest. (1) A person commits the crime of incest if the person marries or engages in sexual intercourse or oral or anal sexual intercourse with a person whom the person knows to be related to the person, either legitimately or illegitimately, as an ancestor, descendant or brother or sister of either the whole or half blood.

�� (2) Incest is a Class C felony. [1971 c.743 �172; 2017 c.318 �12]

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

�� (2) Abandonment of a child is a Class C felony.

�� (3) It is an affirmative defense to a charge of violating subsection (1) of this section that the child was left in accordance with ORS 418.017. [1971 c.743 �173; 2001 c.597 �2]

�� 163.537 Buying or selling a person under 18 years of age. (1) A person commits the crime of buying or selling a person under 18 years of age if the person buys, sells, barters, trades or offers to buy or sell the legal or physical custody of a person under 18 years of age.

�� (2) Subsection (1) of this section does not:

�� (a) Prohibit a person in the process of adopting a child from paying the fees, costs and expenses related to the adoption as allowed in ORS 109.281.

�� (b) Prohibit a negotiated satisfaction of child support arrearages or other settlement in favor of a parent of a child in exchange for consent of the parent to the adoption of the child by the current spouse of the child�s other parent.

�� (c) Apply to fees for services charged by the Department of Human Services or adoption agencies licensed under ORS chapter 418.

�� (d) Apply to fees for services in an adoption pursuant to a surrogacy agreement.

�� (e) Apply to fees for services pursuant to a gestational surrogacy agreement.

�� (f) Prohibit discussion or settlement of disputed issues between parties in a domestic relations proceeding.

�� (3) Buying or selling a person under 18 years of age is a Class B felony. [1997 c.561 �2; 2025 c.592 �78]

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

�� (2) Child neglect in the second degree is a Class A misdemeanor. [1971 c.743 �174; 1991 c.832 �2]

�� 163.547 Child neglect in the first degree. (1)(a) A person having custody or control of a child under 16 years of age commits the crime of child neglect in the first degree if the person knowingly leaves the child, or allows the child to stay:

�� (A) In a vehicle where controlled substances or cannabinoid extracts as defined in ORS 475C.009 are being criminally delivered or manufactured;

�� (B) In or upon premises, or in the immediate proximity of premises, where a cannabinoid extract as defined in ORS 475C.009 is being processed, if the premises have not been licensed under ORS 475C.085;

�� (C) In or upon premises and in the immediate proximity where controlled substances are criminally delivered or manufactured for consideration or profit or 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; or

�� (D) In or upon premises that have been determined to be not fit for use under ORS 453.855 to