2013 ORS § 161.015¹
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 352.383 (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 attorneys office;

(d) A humane special agent as defined in ORS 181.435 (Humane special agents to enforce animal welfare laws under direction of law enforcement agency);

(e) A liquor enforcement inspector exercising authority described in ORS 471.775 (Service of subpoenas) (2);

(f) An authorized tribal police officer as defined in section 1, chapter 644, Oregon Laws 2011; 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; 2012 c.54 §16; 2012 c.67 §9; 2013 c.180 §23]

Note: 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, including amendments by section 17, chapter 54, Oregon Laws 2012, section 10, chapter 67, Oregon Laws 2012, and section 24, chapter 180, Oregon Laws 2013, 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.

(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) 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 attorneys office;

(d) A humane special agent as defined in ORS 181.435 (Humane special agents to enforce animal welfare laws under direction of law enforcement agency);

(e) A liquor enforcement inspector exercising authority described in ORS 471.775 (Service of subpoenas) (2); and

(f) 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: 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.