Title 166 · ORS Chapter 166
with the intent to harass the respondent, or knowing that the
Citation: ORS 166.543
Section: 166.543
166.543 with the intent to harass the respondent, or knowing that the information in the petition is false, is guilty of a Class A misdemeanor. [2017 c.737 �8]
����� 166.560 [1965 c.118 �1; repealed by 1971 c.743 �432]
����� 166.610 [Repealed by 1971 c.743 �432]
����� 166.620 [Repealed by 1963 c.94 �2]
DISCHARGING WEAPONS
����� 166.630 Discharging weapon on or across highway, ocean shore recreation area or public utility facility. (1) Except as provided in ORS 166.220, any person is guilty of a violation who discharges or attempts to discharge any blowgun, bow and arrow, crossbow, air rifle or firearm:
����� (a) Upon or across any highway, railroad right of way or other public road in this state, or upon or across the ocean shore within the state recreation area as defined in ORS 390.605.
����� (b) At any public or railroad sign or signal or an electric power, communication, petroleum or natural gas transmission or distribution facility of a public utility, telecommunications utility or railroad within range of the weapon.
����� (2) Any blowgun, bow and arrow, crossbow, air rifle or firearm in the possession of the person that was used in committing a violation of this section may be confiscated and forfeited to the State of Oregon. This section does not prevent:
����� (a) The discharge of firearms by peace officers in the performance of their duty or by military personnel within the confines of a military reservation.
����� (b) The discharge of firearms by an employee of the United States Department of Agriculture acting within the scope of employment in the course of the lawful taking of wildlife.
����� (3) The hunting license revocation provided in ORS 497.415 is in addition to and not in lieu of the penalty and forfeiture provided in subsections (1) and (2) of this section.
����� (4) As used in this section:
����� (a) �Public sign� includes all signs, signals and markings placed or erected by authority of a public body.
����� (b) �Public utility� has the meaning given that term in ORS 164.365 (2).
����� (c) �Railroad� has the meaning given that term in ORS 824.020. [Amended by 1963 c.94 �1; 1969 c.501 �2; 1969 c.511 �4; 1973 c.196 �1; 1973 c.723 �118; 1981 c.900 �1; 1987 c.447 �113; 1991 c.797 �2; 2009 c.556 �7]
����� 166.635 Discharging weapon or throwing objects at trains. (1) A person shall not knowingly throw an object at, drop an object on, or discharge a bow and arrow, air rifle, rifle, gun, revolver or other firearm at a railroad train, a person on a railroad train or a commodity being transported on a railroad train. This subsection does not prevent a peace officer or a railroad employee from performing the duty of a peace officer or railroad employee.
����� (2) Violation of subsection (1) of this section is a misdemeanor. [1973 c.139 �4]
����� 166.638 Discharging weapon across airport operational surfaces. (1) Any person who knowingly or recklessly discharges any bow and arrow, gun, air gun or other firearm upon or across any airport operational surface commits a Class A misdemeanor. Any bow and arrow, gun, air gun or other firearm in the possession of the person that was used in committing a violation of this subsection may be confiscated and forfeited to the State of Oregon, and the clear proceeds shall be deposited with the State Treasury in the Common School Fund.
����� (2) As used in subsection (1) of this section, �airport operational surface� means any surface of land or water developed, posted or marked so as to give an observer reasonable notice that the surface is developed for the purpose of storing, parking, taxiing or operating aircraft, or any surface of land or water when actually being used for such purpose.
����� (3) Subsection (1) of this section does not prohibit the discharge of firearms by peace officers in the performance of their duty or by military personnel within the confines of a military reservation, or otherwise lawful hunting, wildlife control or other discharging of firearms done with the consent of the proprietor, manager or custodian of the airport operational surface.
����� (4) The hunting license revocation provided in ORS 497.415 is in addition to and not in lieu of the penalty provided in subsection (1) of this section. [1981 c.901 �2; 1987 c.858 �2]
����� 166.640 [Repealed by 1971 c.743 �432]
POSSESSION OF BODY ARMOR
����� 166.641 Definitions for ORS 166.641 to 166.643. As used in this section and ORS 166.642 and 166.643:
����� (1) �Body armor� means any clothing or equipment designed in whole or in part to minimize the risk of injury from a deadly weapon.
����� (2) �Deadly weapon� has the meaning given that term in ORS 161.015.
����� (3) �Misdemeanor involving violence� has the meaning given that term in ORS 166.470. [2001 c.635 �1]
����� 166.642 Felon in possession of body armor. (1) A person commits the crime of felon in possession of body armor if the person:
����� (a) Has been convicted of a felony or misdemeanor involving violence under the law of any state or the United States; and
����� (b) Knowingly is in possession or control of body armor.
����� (2) Felon in possession of body armor is a Class C felony.
����� (3) For purposes of subsection (1) of this section, a person who has been found to be within the jurisdiction of a juvenile court for having committed an act that would constitute a felony or misdemeanor involving violence has been convicted of a felony or misdemeanor involving violence.
����� (4) Subsection (1) of this section does not apply to:
����� (a) A person who is wearing body armor provided by a peace officer for the person�s safety or protection while the person is being transported or accompanied by a peace officer; or
����� (b) A person who has been convicted of only one felony under the law of this state or any other state, or who has been convicted of only one felony under the law of the United States, which felony did not involve criminal homicide, as defined in ORS 163.005, and who has been discharged from imprisonment, parole or probation for the offense for a period of 15 years prior to the date of the alleged violation of subsection (1) of this section.
����� (5) It is an affirmative defense to a charge of violating subsection (1) of this section that a protective order or restraining order has been entered to the benefit of the person. The affirmative defense created by this subsection is not available if the person possesses the body armor while committing or attempting to commit a crime. [2001 c.635 �2]
����� 166.643 Unlawful possession of body armor. (1) A person commits the crime of unlawful possession of body armor if the person, while committing or attempting to commit a felony or misdemeanor involving violence, knowingly:
����� (a) Wears body armor; and
����� (b) Possesses a deadly weapon.
����� (2) Unlawful possession of body armor is a Class B felony. [2001 c.635 �3]
MISCELLANEOUS
����� 166.645 Hunting in cemeteries prohibited. (1) Hunting in cemeteries is prohibited.
����� (2) As used in subsection (1) of this section �hunting� has the meaning for that term provided in ORS 496.004.
����� (3) Violation of subsection (1) of this section is a misdemeanor. [1973 c.468 �2; 1987 c.158 �30]
����� 166.649 Throwing an object off an overpass in the second degree. (1) A person commits the crime of throwing an object off an overpass in the second degree if the person:
����� (a) With criminal negligence throws an object off an overpass; and
����� (b) Knows, or reasonably should have known, that the object was of a type or size to cause damage to any person or vehicle that the object might hit.
����� (2) Throwing an object off an overpass in the second degree is a Class A misdemeanor.
����� (3) As used in this section and ORS 166.651, �overpass� means a structure carrying a roadway or pedestrian pathway over a roadway. [1993 c.731 �1]
����� 166.650 [Repealed by 1971 c.743 �432]
����� 166.651 Throwing an object off an overpass in the first degree. (1) A person commits the crime of throwing an object off an overpass in the first degree if the person:
����� (a) Recklessly throws an object off an overpass; and
����� (b) Knows, or reasonably should have known, that the object was of a type or size to cause damage to any person or vehicle that the object might hit.
����� (2) Throwing an object off an overpass in the first degree is a Class C felony. [1993 c.731 �2]
����� 166.660 Unlawful paramilitary activity. (1) A person commits the crime of unlawful paramilitary activity if the person:
����� (a) Exhibits, displays or demonstrates to another person the use, application or making of any firearm, explosive or incendiary device or any technique capable of causing injury or death to persons and intends or knows that such firearm, explosive or incendiary device or technique will be unlawfully employed for use in a civil disorder; or
����� (b) Assembles with one or more other persons for the purpose of training with, practicing with or being instructed in the use of any firearm, explosive or incendiary device or technique capable of causing injury or death to persons with the intent to unlawfully employ such firearm, explosive or incendiary device or technique in a civil disorder.
����� (2)(a) Nothing in this section makes unlawful any act of any law enforcement officer performed in the otherwise lawful performance of the officer�s official duties.
����� (b) Nothing in this section makes unlawful any activity of the State Department of Fish and Wildlife, or any activity intended to teach or practice self-defense or self-defense techniques, such as karate clubs or self-defense clinics, and similar lawful activity, or any facility, program or lawful activity related to firearms instruction and training intended to teach the safe handling and use of firearms, or any other lawful sports or activities related to the individual recreational use or possession of firearms, including but not limited to hunting activities, target shooting, self-defense, firearms collection or any organized activity including, but not limited to any hunting club, rifle club, rifle range or shooting range which does not include a conspiracy as defined in ORS 161.450 or the knowledge of or the intent to cause or further a civil disorder.
����� (3) Unlawful paramilitary activity is a Class C felony.
����� (4) As used in this section:
����� (a) �Civil disorder� means acts of physical violence by assemblages of three or more persons which cause damage or injury, or immediate danger thereof, to the person or property of any other individual.
����� (b) �Firearm� has the meaning given that term in ORS 166.210.
����� (c) �Explosive� means a chemical compound, mixture or device that is commonly used or intended for the purpose of producing a chemical reaction resulting in a substantially instantaneous release of gas and heat, including but not limited to dynamite, blasting powder, nitroglycerin, blasting caps and nitrojelly, but excluding fireworks as defined in ORS 480.111, black powder, smokeless powder, small arms ammunition and small arms ammunition primers.
����� (d) �Law enforcement officer� means any duly constituted police officer of the United States, any state, any political subdivision of a state or the District of Columbia, and also includes members of the military reserve forces or National Guard as defined in 10 U.S.C. 101 (9), members of the organized militia of any state or territory of the United States, the Commonwealth of Puerto Rico or the District of Columbia not included within the definition of National Guard as defined by 10 U.S.C. 101 (9), members of the Armed Forces of the United States and such persons as are defined in ORS 161.015 (4) when in the performance of official duties. [1983 c.792 �2; 1987 c.858 �3; 2001 c.666 ��26,38; 2005 c.830 �27; 2009 c.610 �7; 2013 c.24 �12]
����� 166.663 Casting artificial light from vehicle while possessing certain weapons prohibited. (1) A person may not cast from a motor vehicle an artificial light while there is in the possession or in the immediate physical presence of the person a bow and arrow or a firearm.
����� (2) Subsection (1) of this section does not apply to a person casting an artificial light:
����� (a) From the headlights of a motor vehicle that is being operated on a road in the usual manner.
����� (b) When the bow and arrow or firearm that the person has in the possession or immediate physical presence of the person is disassembled or stored, or in the trunk or storage compartment of the motor vehicle.
����� (c) When the ammunition or arrows are stored separate from the weapon.
����� (d) On land owned or lawfully occupied by that person.
����� (e) On publicly owned land when that person has an agreement with the public body to use that property.
����� (f) When the person is a peace officer, or is a government employee engaged in the performance of official duties.
����� (g) When the person has been issued a license under ORS 166.291 and 166.292 to carry a concealed handgun.
����� (h) When the person is an honorably retired law enforcement officer, unless the person has been convicted of an offense that would make the person ineligible to obtain a concealed handgun license under ORS 166.291 and 166.292.
����� (3) A peace officer may issue a citation to a person for a violation of subsection (1) of this section when the violation is committed in the presence of the peace officer or when the peace officer has probable cause to believe that a violation has occurred based on a description of the vehicle or other information received from a peace officer who observed the violation.
����� (4) Violation of subsection (1) of this section is punishable as a Class B violation.
����� (5) As used in this section, �peace officer� has the meaning given that term in ORS 161.015. [1989 c.848 �2; 1999 c.1051 �159; 2005 c.22 �116; 2009 c.610 �3; 2015 c.709 �5]
����� 166.710 [1957 c.601 �1; repealed by 1971 c.743 �432]
RACKETEERING
����� 166.715 Definitions for ORS 166.715 to 166.735. As used in ORS 166.715 to 166.735, unless the context requires otherwise:
����� (1) �Documentary material� means any book, paper, document, writing, drawing, graph, chart, photograph, phonograph record, magnetic tape, computer printout, other data compilation from which information can be obtained or from which information can be translated into usable form, or other tangible item.
����� (2) �Enterprise� includes any individual, sole proprietorship, partnership, corporation, business trust or other profit or nonprofit legal entity, and includes any union, association or group of individuals associated in fact although not a legal entity, and both illicit and licit enterprises and governmental and nongovernmental entities.
����� (3) �Investigative agency� means the Department of Justice or any district attorney.
����� (4) �Pattern of racketeering activity� means engaging in at least two incidents of racketeering activity that have the same or similar intents, results, accomplices, victims or methods of commission or otherwise are interrelated by distinguishing characteristics, including a nexus to the same enterprise, and are not isolated incidents, provided at least one of such incidents occurred after November 1, 1981, and that the last of such incidents occurred within five years after a prior incident of racketeering activity. Notwithstanding ORS 131.505 to 131.525 or 419A.190 or any other provision of law providing that a previous prosecution is a bar to a subsequent prosecution, conduct that constitutes an incident of racketeering activity may be used to establish a pattern of racketeering activity without regard to whether the conduct previously has been the subject of a criminal prosecution or conviction or a juvenile court adjudication, unless the prosecution resulted in an acquittal or the adjudication resulted in entry of an order finding the youth not to be within the jurisdiction of the juvenile court.
����� (5) �Person� means any individual or entity capable of holding a legal or beneficial interest in real or personal property.
����� (6) �Racketeering activity� includes conduct of a person committed both before and after the person attains the age of 18 years, and means to commit, to attempt to commit, to conspire to commit, or to solicit, coerce or intimidate another person to commit:
����� (a) Any conduct that constitutes a crime, as defined in ORS 161.515, under any of the following provisions of the Oregon Revised Statutes:
����� (A) ORS 59.005 to