ORS 161.

015 - General definitions - 2011 Oregon Revised Statutes

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161.005 Short title 161.015 General definitions 161.025 Purposes 161.035 Application of Criminal Code 161.045 Limits on application 161.055 Burden of proof as to defenses 161.067 Determining punishable offenses for violation of multiple statutory provisions, multiple victims or repeated violations

2011 ORS 161.015 General definitions

As used in chapter 743, Oregon Laws 1971, and ORS 166.635 (Discharging weapon or throwing objects at trains), unless the context requires otherwise: (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.

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(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 (Definitions for ORS 133.005 to 133.400 and 133.410 to 133.450), or a police officer commissioned by a university under ORS 352.383 (University police departments and officers); (c) An investigator of the Criminal Justice Division of the Department of Justice or investigator of a district attorneys office; (d) An authorized tribal police officer as defined in section 1, chapter 644, Oregon Laws 2011; and (e) 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] Note 1: The amendments to 161.015 (General definitions) by section 46, chapter 644, Oregon Laws 2011, become operative July 1, 2015. See section 58, chapter 644, Oregon Laws 2011, as amended by section 77, chapter 644, Oregon Laws 2011. The text that is operative on and after July 1, 2015, is set forth for the users convenience. 161.015 (General definitions). As used in chapter 743, Oregon Laws 1971, and ORS 166.635 (Discharging weapon or throwing objects at trains), unless the context requires otherwise: (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.

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(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 (Definitions for ORS 133.005 to 133.400 and 133.410 to 133.450), or a police officer commissioned by a university under ORS 352.383 (University police departments and officers); (c) An investigator of the Criminal Justice Division of the Department of Justice or investigator of a district attorneys office; and (d) 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. Note 2: 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 (General definitions), 161.025 (Purposes), 161.035 (Application of Criminal Code), 161.045 (Limits on application), 161.055 (Burden of proof as to defenses), 161.085 (Definitions with respect to culpability), 161.195 (Justification described), 161.200 (Choice of evils), 161.205 (Use of physical force generally) and 161.295 (Effect of mental disease or defect). Specific ORS references have not been substituted, pursuant to 173.160 (Powers and duties of Legislative Counsel in preparing editions for publication). These sections may be determined by referring to the 1971 Comparative Section Table located in Volume 20 of ORS.

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News Annotations Related

Notes of Decisions
The human hand is not included within the definition of a dangerous weapon within the meaning of this section. State v. Wier, 22 Or App 549, 540 P2d 394 (1975) A theatre which admits persons 18 years or older and where patrons are forewarned as to the nature of the performance is not a public place. State v. Brooks, 275 Or 171, 550 P2d 440 (1976) Defendant, who had controlled substance injected into his arm, did not possess drug so as to have dominion or control over it. State v. Downes, 31 Or App 1183, 572 P2d 1328 (1977) Testimony, that obscene matter was located in cabinet behind defendants desk, in his office, in warehouse owned by corporation of which defendant was part owner, was sufficient for jury to infer that defendant has possession of obscene matter. State v. Cossett, 34 Or App 113, 578 P2d 423 (1978), Sup Ct review denied Scalding hot water, which caused injury to child, was dangerous weapon within meaning of this section. State v. Jacobs, 34 Or App 755, 579 P2d 881 (1978), Sup Ct review denied One who has purpose of forcibly raping another has purpose of causing physical injury within meaning of this section. State v. Strickland, 36 Or App 119, 584 P2d 310 (1978) Whether instrument constitutes dangerous weapon is not established by resulting injury but rather by injury that could have resulted under circumstances, so whether can opener was dangerous weapon was jury question. State v. Gale, 36 Or App 275, 583 P2d 1169 (1978) Where only injury suffered by victim was torn shirt, there was no physical injury within meaning of this section. State v. Lindsey, 45 Or App 607, 609 P2d 386 (1980) Where victim received small cut, which caused her no pain, from flying glass caused by defendants breaking of rear window of pickup truck in which she was sitting, she had no impairment of physical condition and therefore no physical injury within meaning of this section. State v. Rice, 48 Or App 115, 616 P2d 538 (1980), Sup Ct review denied Where defendant hit victim with gas can and kicked him in the arm, where victim reported no sensation other than that it hurt, where there was no indication of bruising or other injury and victim did not seek medical treatment, evidence was insufficient to find victim suffered physical injury. State v. Capwell, 52 Or App 43, 627 P2d 905 (1981) Since statutory definition of dangerous weapon depends on circumstances in which instrument was used, it was jury question whether under the circumstances article was used in manner capable of causing death or serious physical injury and it was not necessary that indictment allege that defendant intended vehicle to be dangerous weapon. State v. Lopez, 56 Or App 179, 641 P2d 596 (1982), Sup Ct review denied Automobile operated recklessly, as defined by ORS 161.085 (Definitions with respect to culpability), can
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be dangerous weapon for purposes of assault statute, ORS 163.165 (Assault in the third degree). State v. Hill, 298 Or 270, 692 P2d 100 (1984) Where defendant threw container at victim and it hit victim in face and victim testified that blow hurt, caused redness, swelling and bruising, victim suffered physical injury within meaning of this section. State ex rel Juv. Dept v. Salmon, 83 Or App 238, 730 P2d 1285 (1986) Jury could properly find serious physical injury where there was medical evidence from which jury could conclude beyond reasonable doubt that victims mouth and teeth are bodily organs and that there was protracted loss or impairment of those organs. State v. Byers, 95 Or App 139, 768 P2d 414 (1989) Ordinary object may be classified as dangerous weapon as result of use to which object is put. State v. Bell, 96 Or App 74, 771 P2d 305 (1989), Sup Ct review denied; State v. Reed, 101 Or App 277, 790 P2d 551 (1990), Sup Ct review denied Trial court did not err in denying motion for judgment of acquittal in trial for robbery in first degree where factfinder could have found under circumstances that small, hard object with which victim was struck constituted dangerous weapon. State v. Allen, 108 Or App 402, 816 P2d 639 (1991) It is injury that could have resulted, not that which did result, that establishes dangerousness of weapon. State v. Allen, 108 Or App 402, 816 P2d 639 (1991) Impairment of physical condition means harm to body that results in reduction of persons ability to use body or bodily organ. State v. Higgins, 165 Or App 442, 998 P2d 222 (2000) Under definition of possess, proof of physical control does not involve same attributes of dominion and control required to prove constructive possession. State v. Fries, 344 Or 541, 185 P3d 453 (2008) For purposes of defining physical injury, impairment of physical condition occurs if harm prevents body from functioning in normal manner. State v. Hart, 222 Or App 285, 193 P3d 42 (2008) Term dangerous weapon connotes something external to human body. State v. Kuperus, 241 Or App 605, 251 P3d 235 (2011) Term police officer includes tribal police officers. State v. Kurtz, 350 Or 65, 249 P3d 1271 (2011)

Atty. Gen. Opinions

Lawfulness of Multnomah County ordinance regulating public possession of firearms in unincorporated areas of county (1990), Vol 46, p 362

Law Review Citations

51 OLR 484, 485, 579, 591, 592 (1972) Chapter 161

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Notes of Decisions
A juvenile court adjudication of whether or not a child committed acts which would be a criminal violation if committed by an adult must necessarily include an adjudication of all affirmative defenses that would be available to an adult being tried for the same criminal violation. State ex rel Juvenile Dept. v. L. J., 26 Or App 461, 552 P2d 1322 (1976)

Law Review Citations

2 EL 237 (1971); 51 OLR 427-637 (1972)

News Reports
Portland Mayor Is Right: Law Forbids Medical Marijuana in Park Pete Castleberry, Oct 31, 2011 Mayor Sam Adams told Occupy Portland demonstrators that medical marijuana is not allowedin the downtown camp sandwiched between the State and Federal courthouses. . . . In response, one critic asked Mr. Adams via twitter, 'By what power does the Mayor exact this?' http://www.oregonscriminaldefenselawyers.com/blog/bid/93082/Portland-Mayor-Is-Right-Law-ForbidsMedical-Marijuana-in-Park

Related Statutes
30.865 Action for invasion of personal privacy 30.936 Immunity from private action based on farming or forest practice on certain lands 30.937 Immunity from private action based on farming or forest practice allowed as preexisting nonconforming use 40.460 Rule 803. Hearsay exceptions 131.605 Definitions for ORS 131.605 to 131.625 135.886
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Requirements for diversion 161.025 Purposes 161.035 Application of Criminal Code 161.045 Limits on application 161.055 Burden of proof as to defenses 161.085 Definitions with respect to culpability 161.195 Justification described 161.200 Choice of evils 161.205 Use of physical force generally 161.295 Effect of mental disease or defect 162.355 Simulating legal process 163.187 Strangulation 163.547 Child neglect in the first degree 163.700 Invasion of personal privacy
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163.709 Unlawful directing of light from a laser pointer 166.173 Authority of city or county to regulate possession of loaded firearms in public places 166.220 Unlawful use of weapon 166.274 Relief from prohibition against possessing or purchasing firearm 166.279 Forfeiture of deadly weapons 166.360 Definitions for ORS 166.360 to 166.380 166.370 Possession of firearm or dangerous weapon in public building or court facility 166.373 Possession of weapon in court facility by peace officer or federal officer 166.382 Possession of destructive device prohibited 166.641 Definitions for ORS 166.641 to 166.643 166.660 Unlawful paramilitary activity 166.663 Casting artificial light from vehicle while possessing certain weapons prohibited 167.310 Definitions for ORS 167.310 to 167.351 167.345
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Authority to enter premises 181.440 Eligibility of towing business to be placed on department list 203.065 Penalties 332.531 Law enforcement agency 339.250 Duty of student to comply with rules 419A.004 Definitions 419B.035 Confidentiality of records 420A.206 Conditional release 420.905 Definitions for ORS 420.905 to 420.915 455.448 Entry and inspection of earthquake-damaged structures 468.920 Definitions for ORS 468.922 to 468.956 468.951 Environmental endangerment 475.316 Limitations on cardholders immunity from criminal laws involving marijuana 475.328 Limits on professional licensing boards authority to sanction licensee for medical use of
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marijuana 475.860 Unlawful delivery of marijuana 475.864 Unlawful possession of marijuana 475.900 Crime category classification 517.990 Criminal penalties 609.035 Definitions for ORS 609.035 to 609.110 and 609.990 609.098 Maintaining dangerous dog 672.060 Exceptions to application of ORS 672.002 to 672.325 703.411 Exceptions 811.705 Failure to perform duties of driver to injured persons 811.707 Crime classification for violation of ORS 811.705 813.215 Eligibility for diversion
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1

Legislative Counsel Committee, CHAPTER 161General Provisions, http://www.leg.state.or.us/ors/161.html (2011) (last accessed Mar. 25, 2012).
2

Legislative Counsel Committee, Annotations to the Oregon Revised Statutes, Cumulative Supplement 2011, Chapter 161, http://www.leg.state.or.us/ors/annos/161ano.htm (2011) (last accessed Mar. 25, 2012).
3

OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information Feedback Press Our Sponsors Blog About
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