2011 ORS § 166.275¹

Possession of weapons by inmates of institutions

Any person committed to any institution who, while under the jurisdiction of any institution or while being conveyed to or from any institution, possesses or carries upon the person, or has under the custody or control of the person any dangerous instrument, or any weapon including but not limited to any blackjack, slingshot, billy, sand club, metal knuckles, explosive substance, dirk, dagger, sharp instrument, pistol, revolver or other firearm without lawful authority, is guilty of a felony and upon conviction thereof shall be punished by imprisonment in the custody of the Department of Corrections for a term not more than 20 years. [1953 c.533 §1; 1987 c.320 §88]

Notes of Decisions

Where penitentiary inmate, living at work release center, did not come into possession of weapons until after leaving center, his conviction for committed felon in possession of weapon under this section was reduced to ex-convict in possession of firearm under ORS 166.270 (Possession of weapons by certain felons). State v. Larsen, 44 Or App 643, 606 P2d 1159 (1980), Sup Ct review denied

Although this section is arguably outside the Oregon Criminal Code, it does not clearly indicate that legislature intended to create offense without any culpable mental element, and thus this section is not exception, under ORS 161.105 (Culpability requirement inapplicable to certain violations and offenses), to general requirement of culpable mental state. State v. Wolfe, 288 Or 521, 605 P2d 1185 (1980)

Defendant on temporary leave from the penitentiary who, while living in a private residence was found to be in possession of a sawed-off shotgun, had not committed the offense described in this section. State v. Hancock, 60 Or App 425, 653 P2d 1304 (1982)

Person is committed to institution if placed into charge or keeping of institution by any authorized entity. State v. Hamilton, 186 Or App 729, 64 P3d 1215 (2003)

Chapter 166

2011 ORS § 166.275¹ Possession of weapons by inmates of institutions

2011 ORS § 166.275¹

Possession of weapons by inmates of institutions