2021 Oregon Revised Statutes
Chapter 161 - General Provisions
Section 161.015 - General definitions.


(1) "Dangerous weapon" means any weapon, device, instrument, material or substance which under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing death or serious physical injury.
(2) "Deadly weapon" means any instrument, article or substance specifically designed for and presently capable of causing death or serious physical injury.
(3) "Deadly physical force" means physical force that under the circumstances in which it is used is readily capable of causing death or serious physical injury.
(4) "Peace officer" means:
(a) A member of the Oregon State Police;
(b) A sheriff, constable, marshal, municipal police officer or reserve officer as defined in ORS 133.005, or a police officer commissioned by a university under ORS 352.121 or 353.125;
(c) An investigator of the Criminal Justice Division of the Department of Justice or investigator of a district attorney’s office;
(d) A humane special agent as defined in ORS 181A.345;
(e) A regulatory specialist exercising authority described in ORS 471.775 (2);
(f) An authorized tribal police officer as defined in ORS 181A.940; and
(g) Any other person designated by law as a peace officer.
(5) "Person" means a human being and, where appropriate, a public or private corporation, an unincorporated association, a partnership, a government or a governmental instrumentality.
(6) "Physical force" includes, but is not limited to, the use of an electrical stun gun, tear gas or mace.
(7) "Physical injury" means impairment of physical condition or substantial pain.
(8) "Serious physical injury" means physical injury which creates a substantial risk of death or which causes serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ.
(9) "Possess" means to have physical possession or otherwise to exercise dominion or control over property.
(10) "Public place" means a place to which the general public has access and includes, but is not limited to, hallways, lobbies and other parts of apartment houses and hotels not constituting rooms or apartments designed for actual residence, and highways, streets, schools, places of amusement, parks, playgrounds and premises used in connection with public passenger transportation. [1971 c.743 §3; 1973 c.139 §1; 1979 c.656 §3; 1991 c.67 §33; 1993 c.625 §4; 1995 c.651 §5; 2011 c.506 §22; 2011 c.641 §2; 2011 c.644 §§23,46; 2012 c.54 §§16,17; 2012 c.67 §§9,10; 2013 c.180 §§23,24; 2015 c.174 §11; 2015 c.614 §§147,148]
Note: Legislative Counsel has substituted "chapter 743, Oregon Laws 1971," for the words "this Act" in sections 2, 3, 4, 5, 6, 7, 19, 20, 21 and 36, chapter 743, Oregon Laws 1971, compiled as 161.015, 161.025, 161.035, 161.045, 161.055, 161.085, 161.195, 161.200, 161.205 and 161.295. Specific ORS references have not been substituted, pursuant to 173.160. These sections may be determined by referring to the 1971 Comparative Section Table located in Volume 22 of ORS.

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 04 - Criminal Procedure, Crimes

Chapter 161 - General Provisions

Section 161.015 - General definitions.

Section 161.025 - Purposes; principles of construction.

Section 161.035 - Application of Criminal Code.

Section 161.045 - Limits on application.

Section 161.055 - Burden of proof as to defenses.

Section 161.067 - Determining punishable offenses for violation of multiple statutory provisions, multiple victims or repeated violations.

Section 161.085 - Definitions with respect to culpability.

Section 161.095 - Requirements for criminal liability.

Section 161.105 - Culpability requirement inapplicable to certain violations and offenses.

Section 161.115 - Construction of statutes with respect to culpability.

Section 161.125 - Drug or controlled substance use or dependence or intoxication as defense.

Section 161.155 - Criminal liability for conduct of another.

Section 161.160 - Exclusion of defenses to criminal liability for conduct of another.

Section 161.165 - Exemptions to criminal liability for conduct of another.

Section 161.170 - Criminal liability of corporations.

Section 161.195 - "Justification" described.

Section 161.200 - Choice of evils.

Section 161.205 - Use of physical force generally.

Section 161.215 - Limitations on use of physical force in defense of a person.

Section 161.219 - Limitations on use of deadly physical force in defense of a person.

Section 161.225 - Use of physical force in defense of premises.

Section 161.233 - Use of physical force by peace officer.

Section 161.237 - Use of physical force involving pressure on throat or neck by peace officer or corrections officer.

Section 161.242 - Use of deadly physical force by peace officer.

Section 161.245 - "Reasonable belief" described; status of unlawful arrest.

Section 161.249 - Use of physical force by private person assisting an arrest.

Section 161.255 - Use of physical force by private person making citizen’s arrest.

Section 161.265 - Use of physical force by guard or peace officer employed in correctional facility.

Section 161.267 - Use of physical force by corrections officer or official employed by Department of Corrections.

Section 161.270 - Duress.

Section 161.275 - Entrapment.

Section 161.290 - Incapacity due to immaturity.

Section 161.295 - Effect of qualifying mental disorder; guilty except for insanity.

Section 161.309 - Notice of mental defense; when report required; contents of report; plea.

Section 161.315 - Right of state to obtain mental examination of defendant; limitations; report.

Section 161.325 - Finding of guilty except for insanity; dispositional order.

Section 161.326 - Notice to victim.

Section 161.327 - Commitment or conditional release of person found guilty except for insanity of felony; consultation; evaluation; appeal; rules.

Section 161.328 - Commitment of person found guilty except for insanity of misdemeanor.

Section 161.329 - Order of discharge.

Section 161.336 - Conditional release by board; order for return; termination or modification of conditional release; hearing.

Section 161.341 - Application for discharge or conditional release; release plan; examination; right to hearing.

Section 161.346 - Hearings on discharge, conditional release, commitment or modification; psychiatric reports; notice of hearing.

Section 161.348 - Judicial review.

Section 161.349 - Person committed under ORS 161.315 to 161.351 sentenced to term of incarceration.

Section 161.351 - Discharge by board; effect of remission; protection of society.

Section 161.355 - Definitions.

Section 161.360 - Qualifying mental disorder affecting fitness to proceed.

Section 161.362 - Requirements for recommendations, determinations and orders; confidentiality; electronic appearance.

Section 161.365 - Procedure for determining issue of fitness to proceed; consultation; examination; report; rules.

Section 161.367 - Gaining or regaining fitness; credit for time served; firearm prohibition.

Section 161.370 - Determination of fitness to proceed; proceedings upon finding of unfitness; commitment; rules.

Section 161.371 - Procedures upon commitment of defendant; maximum term of commitment.

Section 161.372 - Involuntary administration of medication for fitness to proceed; hearing; court order; confidentiality.

Section 161.373 - Records for fitness to proceed examination; compliance with court order.

Section 161.375 - Escape of person placed at hospital or facility; authority to order arrest.

Section 161.385 - Psychiatric Security Review Board; composition, term, qualifications, compensation, appointment, confirmation and meetings.

Section 161.387 - Board to implement policies; rulemaking.

Section 161.390 - Rules for assignment of persons to state mental hospitals or secure intensive community inpatient facilities; release plan prepared by Oregon Health Authority.

Section 161.392 - Certification of psychiatrists and licensed psychologists; rules; fees.

Section 161.395 - Subpoena power.

Section 161.398 - Restorative justice program; rules.

Section 161.405 - "Attempt" described.

Section 161.430 - Renunciation as a defense to attempt.

Section 161.435 - Solicitation.

Section 161.440 - Renunciation as defense to solicitation.

Section 161.450 - "Criminal conspiracy" described.

Section 161.460 - Renunciation as defense to conspiracy.

Section 161.465 - Duration of conspiracy.

Section 161.475 - Defenses to solicitation and conspiracy.

Section 161.485 - Multiple convictions barred in inchoate crimes.

Section 161.515 - "Crime" described.

Section 161.535 - Classification of felonies.

Section 161.555 - Classification of misdemeanors.

Section 161.566 - Misdemeanor treated as violation; prosecuting attorney’s election.

Section 161.568 - Misdemeanor treated as violation; court’s election.

Section 161.570 - Felony treated as misdemeanor.

Section 161.585 - Classification of certain crimes determined by punishment.

Section 161.605 - Maximum terms of imprisonment for felonies.

Section 161.610 - Enhanced penalty for use of firearm during commission of felony; pleading; minimum penalties; suspension or reduction of penalty.

Section 161.615 - Maximum terms of imprisonment for misdemeanors.

Section 161.620 - Sentences imposed upon waiver.

Section 161.625 - Fines for felonies.

Section 161.635 - Fines for misdemeanors.

Section 161.645 - Standards for imposing fines.

Section 161.655 - Fines for corporations.

Section 161.665 - Costs.

Section 161.675 - Time and method of payment of fines, restitution and costs.

Section 161.685 - Effect of nonpayment of fines, restitution or costs; report to consumer reporting agency; rules.

Section 161.705 - Reduction of certain felonies to misdemeanors.

Section 161.710 - Reduction of certain felony driving offenses after completion of sentence.

Section 161.715 - Standards for discharge of defendant.

Section 161.725 - Standards for sentencing of dangerous offenders.

Section 161.735 - Procedure for determining whether defendant dangerous.

Section 161.737 - Sentence imposed on dangerous offender as departure from sentencing guidelines.

Section 161.740 - Sentencing of juvenile offenders.