Title 166 · ORS Chapter 166

682.025, a regulatory specialist as defined in ORS 471.001 or a fire service professional, a parole and probation officer or a police officer as those terms are defined in ORS 181A.355. �� (b) �St

Citation: ORS 682.025

Section: 682.025

682.025, a regulatory specialist as defined in ORS 471.001 or a fire service professional, a parole and probation officer or a police officer as those terms are defined in ORS 181A.355.

�� (b) �Staff member� has the meaning given that term in ORS 163.165. [2009 c.783 �2; 2011 c.703 �28; 2012 c.54 �27; 2013 c.477 �1; 2015 c.614 �151]

�� Note: 166.070 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 166 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 166.075 Abuse of venerated objects. (1) A person commits the crime of abuse of venerated objects if the person intentionally abuses a public monument or structure, a place of worship or the national or state flag.

�� (2) As used in this section and ORS 166.085, �abuse� means to deface, damage, defile or otherwise physically mistreat in a manner likely to outrage public sensibilities.

�� (3) Abuse of venerated objects is a Class C misdemeanor. [1971 c.743 �224; 1995 c.261 �2]

�� 166.076 Abuse of a memorial to the dead. (1) A person commits the crime of abuse of a memorial to the dead if the person:

�� (a) Intentionally destroys, mutilates, defaces, injures or removes any:

�� (A) Tomb, monument, gravestone or other structure or thing placed as or designed for a memorial to the dead; or

�� (B) Fence, railing, curb or other thing intended for the protection or for the ornamentation of any structure or thing listed in subparagraph (A) of this paragraph;

�� (b) Intentionally destroys, mutilates, removes, cuts, breaks or injures any tree, shrub or plant within any structure listed in paragraph (a) of this subsection; or

�� (c) Buys, sells or transports any object listed in paragraph (a) of this subsection that was stolen from a historic cemetery knowing that the object is stolen.

�� (2) Abuse of a memorial to the dead is a Class A misdemeanor.

�� (3)(a) Notwithstanding ORS 161.635, the maximum fine that a court may impose for abuse of a memorial to the dead is $50,000 if:

�� (A) The person violates subsection (1)(a) of this section and the object destroyed, mutilated, defaced, injured or removed is or was located in a historic cemetery; or

�� (B) The person violates subsection (1)(c) of this section.

�� (b) In addition to any other sentence a court may impose, if a defendant is convicted of violating this section under the circumstances described in paragraph (a)(A) of this subsection, the court shall consider ordering the defendant to pay restitution. The court shall base the amount of restitution on the historical value of the object destroyed, mutilated, defaced, injured or removed.

�� (4) This section does not apply to a person who is the burial right owner or that person�s representative, an heir at law of the deceased, or a person having care, custody or control of a cemetery by virtue of law, contract or other legal right, if the person is acting within the scope of the person�s legal capacity and the person�s actions have the effect of maintaining, protecting or improving the tomb, monument, gravestone or other structure or thing placed as or designed for a memorial to the dead.

�� (5) As used in this section, �historic cemetery� means a cemetery that is listed with the Oregon Commission on Historic Cemeteries under ORS 97.782. [1995 c.261 �1; 1999 c.731 �12; 2003 c.291 �1; 2005 c.22 �113]

�� Note: 166.076 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 166 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 166.085 Abuse of corpse in the second degree. (1) A person commits the crime of abuse of corpse in the second degree if, except as otherwise authorized by law, the person intentionally:

�� (a) Abuses a corpse; or

�� (b) Disinters, removes or carries away a corpse.

�� (2) Abuse of corpse in the second degree is a Class C felony.

�� (3) As used in this section and ORS 166.087, �abuse of corpse� includes treatment of a corpse by any person in a manner not recognized by generally accepted standards of the community or treatment by a professional person in a manner not generally accepted as suitable practice by other members of the profession, as may be defined by rules applicable to the profession. [1971 c.743 �225; 1985 c.207 �2; 1993 c.294 �1]

�� 166.087 Abuse of corpse in the first degree. (1) A person commits the crime of abuse of corpse in the first degree if the person:

�� (a) Engages in sexual activity with a corpse or involving a corpse; or

�� (b) Dismembers, mutilates, cuts or strikes a corpse.

�� (2) Abuse of corpse in the first degree is a Class B felony. [1993 c.294 �2]

�� Note: 166.087 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 166 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 166.090 Telephonic harassment. (1) A telephone caller commits the crime of telephonic harassment if the caller intentionally harasses or annoys another person:

�� (a) By causing the telephone of the other person to ring, such caller having no communicative purpose;

�� (b) By causing such other person�s telephone to ring, knowing that the caller has been forbidden from so doing by a person exercising lawful authority over the receiving telephone; or

�� (c) By sending to, or leaving at, the other person�s telephone a text message, voice mail or any other message, knowing that the caller has been forbidden from so doing by a person exercising lawful authority over the receiving telephone.

�� (2) Telephonic harassment is a Class B misdemeanor.

�� (3) It is an affirmative defense to a charge of violating subsection (1) of this section that the caller is a debt collector, as defined in ORS 646.639, who engaged in the conduct proscribed by subsection (1) of this section while attempting to collect a debt. The affirmative defense created by this subsection does not apply if the debt collector committed the unlawful collection practice described in ORS 646.639 (2)(a) while engaged in the conduct proscribed by subsection (1) of this section. [1987 c.806 �2; 1999 c.115 �1; 2005 c.752 �1]

�� 166.095 Misconduct with emergency telephone calls. (1) A person commits the crime of misconduct with emergency telephone calls if the person:

�� (a) Intentionally refuses to relinquish immediately a party line or public pay telephone after being informed that it is needed for an emergency call; or

�� (b) Requests another to relinquish a party line or public pay telephone to place an emergency call with knowledge that no such emergency exists.

�� (2) As used in this section:

�� (a) �Emergency call� means a telephone call to a police or fire department, or for medical aid or ambulance service, necessitated by a situation in which human life or property is in jeopardy and prompt summoning of aid is essential.

�� (b) �Party line� means a subscriber�s line telephone circuit, consisting of two or more main telephone stations connected therewith, each station with a distinctive ring or telephone number.

�� (3) Every telephone directory that is distributed to members of the general public in this state shall contain in a prominent place a notice of the offense punishable by this section.

�� (4) Misconduct with emergency telephone calls is a Class B misdemeanor. [1971 c.743 �288; 2005 c.22 �114]

�� 166.110 [Amended by 1961 c.503 �2; repealed by 1971 c.743 �432]

�� 166.115 [1981 c.783 �3; repealed by 2001 c.851 �2 (166.116 enacted in lieu of 166.115)]

�� 166.116 Interfering with public transportation. (1) A person commits the crime of interfering with public transportation if the person:

�� (a) Intentionally or knowingly enters or remains unlawfully in or on a public transit vehicle or public transit station;

�� (b) Intentionally or knowingly interferes with the provision or use of public transportation services by, among other things, interfering with the movement of, or access to, public transit vehicles;

�� (c) While in or on a public transit vehicle or public transit station, engages in disorderly conduct in the second degree as defined in ORS 166.025;

�� (d) Subjects a public transportation passenger, employee, agent or security officer or transit police officer to offensive physical contact; or

�� (e) While in or on a public transit vehicle, knowingly ingests, inhales, ignites, injects or otherwise consumes a controlled substance that is not lawfully possessed by the person.

�� (2)(a)(A) Interfering with public transportation as provided in subsection (1)(a) of this section is a Class C misdemeanor.

�� (B) Notwithstanding subparagraph (A) of this paragraph, interfering with public transportation as provided in subsection (1)(a) of this section is a Class A misdemeanor if the person has three or more prior convictions for interfering with public transportation as provided in subsection (1)(a) of this section.

�� (b) Interfering with public transportation as provided in subsection (1)(b) to (e) of this section is a Class A misdemeanor.

�� (3) As used in this section:

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

�� (b) �Enter or remain unlawfully� has the meaning given that term in ORS 164.205.

�� (c) �Public transit station� includes all facilities, structures, lands and rights of way that are owned, leased, held or used for the purposes of providing public transportation services.

�� (d) �Public transit vehicle� means a vehicle that is used for public transportation or operated by or under contract to any public body in order to provide public transportation.

�� (e) �Public transportation� means transportation provided by a city, county, special district or any other political subdivision or municipal or public corporation. [2001 c.851 �3 (enacted in lieu of 166.115); 2005 c.631 �4; 2017 c.454 �1; 2024 c.58 �1]

�� 166.119 Interfering with a health care facility. (1) A person commits the crime of interfering with a health care facility if the person intentionally, knowingly or recklessly interferes with access to or from a health care facility, or disrupts the normal functioning of a health care facility, by:

�� (a) Physically obstructing or impeding the free passage of a person seeking to enter or depart from the facility or from the common areas of the real property upon which the facility is located;

�� (b) Making noise that unreasonably disturbs the peace within the facility;

�� (c) Trespassing on the facility or the common areas of the real property upon which the facility is located;

�� (d) Causing the telephone of the facility to ring, vibrate or otherwise alert by visual or auditory means if:

�� (A) The person has no communicative purpose; or

�� (B) The person knows that the person has been forbidden from causing the telephone to ring, vibrate or alert by an individual exercising lawful authority over the receiving telephone; or

�� (e) Subjecting an owner, agent, patient or employee of the facility to alarm by conveying a telephonic, electronic or written threat to inflict serious physical injury on that individual or to commit a felony involving the individual, the property of the individual or a member of the individual�s family, when the threat would reasonably be expected to cause alarm.

�� (2) Interfering with a health care facility is a Class A misdemeanor.

�� (3)(a) No law shall be passed restraining the free expression of opinion, or restricting the right to speak, write, or print freely on any subject whatever; but every person shall be responsible for the abuse of this right.

�� (b) Nothing in this section prohibits lawful picketing, lawful protesting or peaceful assembly, or other publicity for the purpose of providing the public with information.

�� (4) In a criminal proceeding based on a charge described in this section, the court shall take all steps reasonably necessary to safeguard the individual�s privacy and prevent harassment of a health care patient or health care provider who is a victim or witness in the proceeding, including granting protective orders and motions in limine when appropriate.

�� (5) As used in this section:

�� (a) �Health care facility� means a facility that provides health care services directly to patients, including but not limited to a hospital, clinic, health care provider�s office, health maintenance organization, diagnostic or treatment center, mental health facility, hospice or nursing home.

�� (b) �Health care provider� means an individual licensed, certified, registered or otherwise authorized to practice by a board, as defined in ORS 413.164, or an officer, director, employee or agent of a health care facility. [2023 c.228 �45]

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

�� 166.122 Definitions for ORS 166.122 to 166.128. As used in ORS 166.122 to 166.128:

�� (1) �Critical infrastructure� means a gas, electric or water utility system, an electric substation, a pipeline or other conveyance for carrying gas, natural gas or fuel, a fiber optic cable network, a base transceiver station or other wireless communication infrastructure, a data center, or a dam, bridge, road, airport, marina or rail line.

�� (2) �Destructive device� has the meaning given that term in ORS 166.382.

�� (3) �Toxic substance� means any radiological, biological, pathogenic or chemical substance that may cause death or serious physical injury if ingested, inhaled, consumed or absorbed by a human being.

�� (4) �Widespread� means impacting at least 50 human beings. [2023 c.608 �1]

�� 166.125 Domestic terrorism in the first degree. (1) A person commits the crime of domestic terrorism in the first degree if the person, with the intent to cause widespread sickness, contagion, serious physical injury, death or the disruption of services provided by critical infrastructure:

�� (a) Intentionally destroys or substantially damages critical infrastructure; or

�� (b) Intentionally introduces, releases or disperses a toxic substance into widespread contact with human beings.

�� (2) Domestic terrorism in the first degree is a Class B felony.

�� (3) The Oregon Criminal Justice Commission shall classify domestic terrorism in the first degree as crime category 9 of the sentencing guidelines grid of the commission. [2023 c.608 �2]

�� 166.128 Domestic terrorism in the second degree. (1) A person commits the crime of domestic terrorism in the second degree if the person, with the intent to cause widespread sickness, contagion, serious physical injury, death or the disruption of services provided by critical infrastructure:

�� (a) Intentionally possesses a toxic substance with the intent to introduce the substance into widespread contact with human beings;

�� (b) Intentionally possesses a destructive device with the intent to destroy or substantially damage critical infrastructure;

�� (c) Intentionally attempts to destroy or substantially damage critical infrastructure; or

�� (d) Intentionally attempts to introduce, release or disperse a toxic substance into widespread contact with human beings.

�� (2) Domestic terrorism in the second degree is a Class C felony.

�� (3) The Oregon Criminal Justice Commission shall classify domestic terrorism in the second degree as crime category 7 of the sentencing guidelines grid of the commission. [2023 c.608 �3]

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

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

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

BIAS CRIME

�� 166.155 Bias crime in the second degree. (1) A person commits a bias crime in the second degree if the person:

�� (a) Tampers or interferes with property, having no right to do so nor reasonable ground to believe that the person has such right, with the intent to cause substantial inconvenience to another person because of the person�s perception of the other person�s race, color, religion, gender identity, sexual orientation, disability or national origin;

�� (b) Intentionally subjects another person to offensive physical contact because of the person�s perception of the other person�s race, color, religion, gender identity, sexual orientation, disability or national origin; or

�� (c) Intentionally, because of the person�s perception of race, color, religion, gender identity, sexual orientation, disability or national origin of another person or of a member of the other person�s family, subjects the other person to alarm by threatening:

�� (A) To inflict serious physical injury upon or to commit a felony affecting the other person, or a member of the other person�s family; or

�� (B) To cause substantial damage to the property of the other person or of a member of the other person�s family.

�� (2) A bias crime in the second degree is a Class A misdemeanor.

�� (3) As used in this section and ORS 166.165:

�� (a) �Gender identity� means an individual�s gender-related identity, appearance, expression or behavior, regardless of whether the identity, appearance, expression or behavior differs from that associated with the gender assigned to the individual at birth.

�� (b) �Property� means any tangible personal property or real property. [1981 c.785 �1; 1983 c.521 �1; 1989 c.1029 �1; 2007 c.100 �18; 2011 c.421 �1; 2019 c.553 �1]

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

�� 166.165 Bias crime in the first degree. (1) A person commits a bias crime in the first degree if the person:

�� (a) Intentionally, knowingly or recklessly causes physical injury to another person because of the person�s perception of the other person�s race, color, religion, gender identity, sexual orientation, disability or national origin;

�� (b) With criminal negligence causes physical injury to another person by means of a deadly weapon because of the person�s perception of the other person�s race, color, religion, gender identity, sexual orientation, disability or national origin; or

�� (c) Intentionally, because of the person�s perception of another person�s race, color, religion, gender identity, sexual orientation, disability or national origin, places another person in fear of imminent serious physical injury.

�� (2) A bias crime in the first degree is a Class C felony. [1981 c.785 �2; 1983 c.521 �2; 1989 c.1029 �2; 1993 c.332 �1; 1995 c.79 �53; 1997 c.249 �50; 2007 c.100 �19; 2011 c.421 �2; 2019 c.553 �2]

�� 166.167 Community service as sentence for bias crime. If a court sentences a person to community service for a violation of ORS 166.155 or 166.165 and the conduct that was the subject of the violation occurred while on the waters of this state or on publicly owned land used for outdoor recreation, the community service may include:

�� (1) Habitat restoration or restoration or maintenance of outdoor recreation facilities under the supervision of the State Parks and Recreation Department, the State Department of Fish and Wildlife or the State Marine Board; and

�� (2) Anti-bias training. [2021 c.393 �3]

AUTHORITY TO REGULATE FIREARMS

�� 166.170 State preemption. (1) Except as expressly authorized by state statute, the authority to regulate in any matter whatsoever the sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms or any element relating to firearms and components thereof, including ammunition, is vested solely in the Legislative Assembly.

�� (2) Except as expressly authorized by state statute, no county, city or other municipal corporation or district may enact civil or criminal ordinances, including but not limited to zoning ordinances, to regulate, restrict or prohibit the sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms or any element relating to firearms and components thereof, including ammunition. Ordinances that are contrary to this subsection are void. [1995 s.s. c.1 �1]

�� 166.171 Authority of county to regulate discharge of firearms. (1) A county may adopt ordinances to regulate, restrict or prohibit the discharge of firearms within their boundaries.

�� (2) Ordinances adopted under subsection (1) of this section may not apply to or affect:

�� (a) A person discharging a firearm in the lawful defense of person or property.

�� (b) A person discharging a firearm in the course of lawful hunting.

�� (c) A landowner and guests of the landowner discharging a firearm, when the discharge will not endanger adjacent persons or property.

�� (d) A person discharging a firearm on a public or private shooting range, shooting gallery or other area designed and built for the purpose of target shooting.

�� (e) A person discharging a firearm in the course of target shooting on public land that is not inside an urban growth boundary or the boundary of a city, if the discharge will not endanger persons or property.

�� (f) An employee of the United States Department of Agriculture, acting within the scope of employment, discharging a firearm in the course of the lawful taking of wildlife. [1995 s.s. c.1 �2; 2009 c.556 �1]

�� 166.172 Authority of city to regulate discharge of firearms. (1) A city may adopt ordinances to regulate, restrict or prohibit the discharge of firearms within the city�s boundaries.

�� (2) Ordinances adopted under subsection (1) of this section may not apply to or affect:

�� (a) A person discharging a firearm in the lawful defense of person or property.

�� (b) A person discharging a firearm on a public or private shooting range, shooting gallery or other area designed and built for the purpose of target shooting.

�� (c) An employee of the United States Department of Agriculture, acting within the scope of employment, discharging a firearm in the course of the lawful taking of wildlife. [1995 s.s. c.1 �3; 2009 c.556 �2]

�� 166.173 Authority of city or county to regulate possession of loaded firearms in public places. (1) A city or county may adopt ordinances to regulate, restrict or prohibit the possession of loaded firearms in public places as defined in ORS 161.015.

�� (2) Ordinances adopted under subsection (1) of this section do not apply to or affect:

�� (a) A law enforcement officer.

�� (b) A member of the military in the performance of official duty.

�� (c) A person licensed to carry a concealed handgun.

�� (d) A person authorized to possess a loaded firearm while in or on a public building or court facility under ORS 166.370.

�� (e) An employee of the United States Department of Agriculture, acting within the scope of employment, who possesses a loaded firearm in the course of the lawful taking of wildlife.

�� (f) An honorably retired law enforcement officer, unless the person who is a retired law enforcement officer 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. [1995 s.s. c.1 �4; 1999 c.782 �8; 2009 c.556 �3; 2015 c.709 �1]

�� 166.174 Authority of city, county, municipal corporation or district to regulate possession or sale of firearms. Notwithstanding any other provision of law, a city, county or other municipal corporation or district may not adopt ordinances that regulate, restrict or prohibit the possession or sale of firearms in a public building that is rented or leased to a person during the term of the lease. [1995 s.s. c.1 �5]

�� 166.175 Authority of city to regulate purchase of used firearms. (1) Notwithstanding any other provision of law, a city may continue to regulate the purchase of used firearms by pawnshops and secondhand stores.

�� (2) As used in this section, �secondhand store� means a store or business whose primary source of revenue is the sale of used merchandise. [1995 s.s. c.1 �6]

�� 166.176 Exception to preemption for certain county ordinances. (1) Nothing in ORS 166.170 or 166.171 is intended to preempt, invalidate or in any way affect the operation of any provision of a county ordinance that was in effect on November 2, 1995, to the extent that the provision:

�� (a) Established a procedure for regulating, restricting or prohibiting the discharge of firearms; or

�� (b) Regulated, restricted or prohibited the discharge of firearms.

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

�� (a) Ordinances regulating, restricting or prohibiting the discharge of firearms on a shooting range or in a shooting gallery or other area designed and built for the purpose of target shooting.

�� (b) An employee of the United States Department of Agriculture, acting within the scope of employment, discharging a firearm in the course of the lawful taking of wildlife. [1997 c.403 �1; 2009 c.556 �4]

POSSESSION AND USE OF WEAPONS

(Generally)

�� 166.180 Negligently wounding another. Any person who, as a result of failure to use ordinary care under the circumstances, wounds any other person with a bullet or shot from any firearm, or with an arrow from any bow, commits a Class B misdemeanor. In addition, any person so convicted shall forfeit any license to hunt, obtained under the laws of this state, and shall be ineligible to obtain a license to hunt for a period of 10 years following the date of conviction. [Formerly 163.310; 2011 c.597 �162]

�� 166.190 Pointing firearm at another; courts having jurisdiction over offense. Any person over the age of 12 years who, with or without malice, purposely points or aims any loaded or empty pistol, gun, revolver or other firearm, at or toward any other person within range of the firearm, except in self-defense, shall be fined upon conviction in any sum not less than $10 nor more than $500, or be imprisoned in the county jail not less than 10 days nor more than six months, or both. Justice courts have jurisdiction concurrent with the circuit court of the trial of violations of this section. When any person is charged before a justice court with violation of this section, the court shall, upon motion of the district attorney, at any time before trial, act as a committing magistrate, and if probable cause be established, hold such person to the grand jury. [Formerly