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.

(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 352.121 (University police departments and officers) or 353.125 (Creation of police department and commission of police officers);

(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 (Humane special agents to enforce animal welfare laws under direction of law enforcement agency);

(e)

A regulatory specialist exercising authority described in ORS 471.775 (Service of subpoenas) (2);

(f)

An authorized tribal police officer as defined in ORS 181A.940 (Definitions for ORS 181A.940 to 181A.946); 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 (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 qualifying mental disorder). 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 22 of ORS.

Source: Section 161.015 — General definitions, https://www.­oregonlegislature.­gov/bills_laws/ors/ors161.­html.

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 defendant’s 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 defendant’s 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, can be “dangerous weapon” for purposes of assault statute, ORS 163.165. 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 victim’s 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 person’s 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)

Whether “physical injury” as used in this section occurs is based on combination of character of affected bodily function and degree and duration of impairment. Where defendant held pillow over victim’s mouth and nose and prevented victim from breathing for five seconds and caused victim to fear for victim’s life, defendant caused physical injury by impairment of victim’s physical condition. State v. Hendricks, 273 Or App 1, 359 P3d 294 (2015), Sup Ct review denied

For purpose of deadly weapon definition, “presently” capable of causing death or serious injury means to be capable immediately, without hesitation or delay. Norwood v. Premo, 287 Or App 443, 403 P3d 502 (2017), Sup Ct review denied

Attorney General 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)

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
161.085
Definitions with respect to culpability
161.095
Requirements for criminal liability
161.105
Culpability requirement inapplicable to certain violations and offenses
161.115
Construction of statutes with respect to culpability
161.125
Drug or controlled substance use or dependence or intoxication as defense
161.150
Criminal liability described
161.155
Criminal liability for conduct of another
161.160
Exclusion of defenses to criminal liability for conduct of another
161.165
Exemptions to criminal liability for conduct of another
161.170
Criminal liability of corporations
161.175
Criminal liability of an individual for corporate conduct
161.190
Justification as a defense
161.195
“Justification” described
161.200
Choice of evils
161.205
Use of physical force generally
161.209
Use of physical force in defense of a person
161.215
Limitations on use of physical force in defense of a person
161.219
Limitations on use of deadly physical force in defense of a person
161.225
Use of physical force in defense of premises
161.229
Use of physical force in defense of property
161.233
Use of physical force by peace officer
161.237
Use of physical force involving pressure on throat or neck by peace officer or corrections officer
161.242
Use of deadly physical force by peace officer
161.245
“Reasonable belief” described
161.249
Use of physical force by private person assisting an arrest
161.255
Use of physical force by private person making citizen’s arrest
161.260
Use of physical force in resisting arrest prohibited
161.265
Use of physical force by guard or peace officer employed in correctional facility
161.267
Use of physical force by corrections officer or official employed by Department of Corrections
161.270
Duress
161.275
Entrapment
161.290
Incapacity due to immaturity
161.295
Effect of qualifying mental disorder
161.300
Evidence of qualifying mental disorder admissible as to intent
161.305
Qualifying mental disorder as affirmative defense
161.309
Notice of mental defense
161.313
Jury instructions
161.315
Right of state to obtain mental examination of defendant
161.319
Form of verdict on guilty except for insanity
161.325
Finding of guilty except for insanity
161.326
Notice to victim
161.327
Commitment or conditional release of person found guilty except for insanity of felony
161.328
Commitment of person found guilty except for insanity of misdemeanor
161.329
Order of discharge
161.332
“Conditional release” defined
161.336
Conditional release by board
161.341
Application for discharge or conditional release
161.346
Hearings on discharge, conditional release, commitment or modification
161.348
Judicial review
161.349
Person committed under ORS 161.315 to 161.351 sentenced to term of incarceration
161.351
Discharge by board
161.355
Definitions
161.360
Qualifying mental disorder affecting fitness to proceed
161.362
Requirements for recommendations, determinations and orders
161.365
Procedure for determining issue of fitness to proceed
161.367
Gaining or regaining fitness
161.370
Determination of fitness to proceed
161.371
Procedures upon commitment of defendant
161.372
Involuntary administration of medication for fitness to proceed
161.373
Records for fitness to proceed examination
161.375
Escape of person placed at hospital or facility
161.385
Psychiatric Security Review Board
161.387
Board to implement policies
161.390
Rules for assignment of persons to state mental hospitals or secure intensive community inpatient facilities
161.392
Certification of psychiatrists and licensed psychologists
161.395
Subpoena power
161.397
Psychiatric Security Review Board Account
161.398
Restorative justice program
161.400
Leave of absence
161.405
“Attempt” described
161.425
Impossibility not a defense
161.430
Renunciation as a defense to attempt
161.435
Solicitation
161.440
Renunciation as defense to solicitation
161.450
“Criminal conspiracy” described
161.455
Conspiratorial relationship
161.460
Renunciation as defense to conspiracy
161.465
Duration of conspiracy
161.475
Defenses to solicitation and conspiracy
161.485
Multiple convictions barred in inchoate crimes
161.505
“Offense” described
161.515
“Crime” described
161.525
“Felony” described
161.535
Classification of felonies
161.545
“Misdemeanor” described
161.555
Classification of misdemeanors
161.566
Misdemeanor treated as violation
161.568
Misdemeanor treated as violation
161.570
Felony treated as misdemeanor
161.585
Classification of certain crimes determined by punishment
161.605
Maximum terms of imprisonment for felonies
161.610
Enhanced penalty for use of firearm during commission of felony
161.615
Maximum terms of imprisonment for misdemeanors
161.620
Sentences imposed upon waiver
161.625
Fines for felonies
161.635
Fines for misdemeanors
161.645
Standards for imposing fines
161.655
Fines for corporations
161.665
Costs
161.675
Time and method of payment of fines, restitution and costs
161.685
Effect of nonpayment of fines, restitution or costs
161.705
Reduction of certain felonies to misdemeanors
161.710
Reduction of certain felony driving offenses after completion of sentence
161.715
Standards for discharge of defendant
161.725
Standards for sentencing of dangerous offenders
161.735
Procedure for determining whether defendant dangerous
161.737
Sentence imposed on dangerous offender as departure from sentencing guidelines
161.740
Sentencing of juvenile offenders
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