ORS 167.162
Gambling device as public nuisance

  • defense
  • seizure and destruction

(1)

A gambling device is a public nuisance. Any peace officer shall summarily seize any such device that the peace officer finds and deliver it to the custody of the law enforcement agency that employs the officer, which shall hold it subject to the order of the court having jurisdiction.

(2)

Whenever it appears to the court that the gambling device has been possessed in violation of ORS 167.147 (Possession of a gambling device), the court shall adjudge forfeiture thereof and shall order the law enforcement agency holding the gambling device to destroy the device and to deliver any coins taken therefrom to the county treasurer, who shall deposit them to the general fund of the county. However, when the defense provided by ORS 167.147 (Possession of a gambling device) (3) is raised by the defendant, the gambling device or slot machine shall not be forfeited or destroyed until after a final judicial determination that the defense is not applicable. If the defense is applicable, the gambling device or slot machine shall be returned to its owner.

(3)

The seizure of the gambling device or operating part thereof constitutes sufficient notice to the owner or person in possession thereof. The law enforcement agency shall make return to the court showing that the law enforcement agency has complied with the court’s order.

(4)

Whenever, in any proceeding in court for the forfeiture of any gambling device except a slot machine seized for a violation of ORS 167.147 (Possession of a gambling device), a judgment for forfeiture is entered, the court shall have exclusive jurisdiction to remit or mitigate the forfeiture.

(5)

In any such proceeding the court shall not allow the claim of any claimant for remission or mitigation unless and until the claimant proves that the claimant:

(a)

Has an interest in the gambling device, as owner or otherwise, that the claimant acquired in good faith.

(b)

At no time had any knowledge or reason to believe that it was being or would be used in violation of law relating to gambling.

(6)

In any proceeding in court for the forfeiture of any gambling device except a slot machine seized for a violation of law relating to gambling, the court may in its discretion order delivery thereof to any claimant who shall establish the right to the immediate possession thereof, and shall execute, with one or more sureties, or by a surety company, approved by the court, and deliver to the court, a bond in such sum as the court shall determine, running to the State of Oregon, and conditioned to return such gambling device at the time of trial, and conditioned further that, if the gambling device be not returned at the time of trial, the bond may in the discretion of the court stand in lieu of and be forfeited in the same manner as such gambling device. [1971 c.743 §272; 1977 c.264 §2; 1999 c.59 §32; 2003 c.576 §391; 2005 c.22 §117; 2009 c.835 §9]

Source: Section 167.162 — Gambling device as public nuisance; defense; seizure and destruction, https://www.­oregonlegislature.­gov/bills_laws/ors/ors167.­html.

Notes of Decisions

Under former similar statute (ORS 167.555)

This section did not require that a machine be unlawful per se, but only that it be operated unlawfully. Smith v. One Super Wild Cat Console Mach., 10 Or App 587, 500 P2d 498 (1972), Sup Ct review denied

In general

Machines which are mechanically free play “amusement devices” but used as gambling devices under ORS 167.117 (4) are subject to seizure under this section. State v. Wright, 21 Or App 659, 537 P2d 130 (1975)

167.002
Definitions for ORS 167.002 to 167.027
167.007
Prostitution
167.008
Commercial sexual solicitation
167.012
Promoting prostitution
167.017
Compelling prostitution
167.027
Evidence required to show place of prostitution
167.051
Definitions for ORS 167.057
167.057
Luring a minor
167.060
Definitions for ORS 167.060 to 167.095
167.062
Sadomasochistic abuse or sexual conduct in live show
167.075
Exhibiting an obscene performance to a minor
167.080
Displaying obscene materials to minors
167.085
Defenses in prosecutions under ORS 167.075 and 167.080
167.090
Publicly displaying nudity or sex for advertising purposes
167.095
Defenses in prosecutions under ORS 167.090
167.100
Application of ORS 167.060 to 167.100
167.108
Definitions for ORS 167.109 and 167.112
167.109
Internet gambling
167.112
Liability of certain entities engaged in certain financial transactions
167.114
Application of ORS 167.109 and 167.112 to Oregon Racing Commission
167.116
Rulemaking for certain exceptions under ORS 167.117
167.117
Definitions for ORS 167.108 to 167.164 and 464.270 to 464.530
167.118
Certain games or events conducted by charitable, fraternal or religious organizations
167.121
Local authorization of social games
167.122
Unlawful gambling in the second degree
167.127
Unlawful gambling in the first degree
167.132
Possession of gambling records in the second degree
167.137
Possession of gambling records in the first degree
167.142
Defense to possession of gambling records
167.147
Possession of a gambling device
167.153
Proving occurrence of sporting event in prosecutions of gambling offenses
167.158
Lottery prizes forfeited to county
167.162
Gambling device as public nuisance
167.164
Possession of a gray machine
167.166
Removal of unauthorized video lottery game terminal
167.167
Cheating
167.203
Definitions for ORS 167.212 to 167.252
167.212
Tampering with drug records
167.222
Frequenting a place where controlled substances are used
167.238
Prima facie evidence permitted in prosecutions of drug offenses
167.243
Exemption contained in drug laws as defense to drug offenses
167.248
Search and seizure of conveyance in which drugs unlawfully transported or possessed
167.252
Preclusion of state prosecution
167.262
Use of minor in controlled substance or marijuana item offense
167.305
Legislative findings
167.310
Definitions for ORS 167.310 to 167.351
167.312
Research and animal interference
167.315
Animal abuse in the second degree
167.320
Animal abuse in the first degree
167.322
Aggravated animal abuse in the first degree
167.325
Animal neglect in the second degree
167.330
Animal neglect in the first degree
167.332
Prohibition against possession of same genus or domestic animal
167.333
Sexual assault of an animal
167.334
Evaluation of person convicted of violating ORS 167.333
167.335
Exemption from ORS 167.315 to 167.333
167.337
Interfering with law enforcement animal
167.339
Assaulting a law enforcement animal
167.340
Animal abandonment
167.341
Encouraging sexual assault of an animal
167.343
Unlawful tethering
167.345
Authority to enter premises or motor vehicle
167.347
Forfeiture of animal to animal care agency prior to disposition of criminal action
167.348
Placement of forfeited animal
167.349
Encouraging animal abuse
167.350
Forfeiture of rights in mistreated animal
167.351
Trading in nonambulatory livestock
167.352
Interfering with an assistance, a search and rescue or a therapy animal
167.355
Involvement in animal fighting
167.360
Definitions for ORS 167.360 to 167.372
167.365
Dogfighting
167.370
Participation in dogfighting
167.372
Possessing dogfighting paraphernalia
167.374
Possession or control of dogs for purpose of reproduction
167.376
Standards of care applicable to dog breeders
167.383
Equine tripping
167.385
Unauthorized use of a livestock animal
167.387
Definitions for ORS 167.387 and 167.388
167.388
Interference with livestock production
167.390
Commerce in fur of domestic cats and dogs prohibited
167.426
Definitions for ORS 167.426 to 167.439
167.428
Cockfighting
167.431
Participation in cockfighting
167.433
Seizure of fighting birds or source birds
167.435
Forfeiture of rights in fighting birds, source birds or property
167.437
Constructive possession of fighting birds or source birds
167.439
Forcible recovery of a fighting bird
167.500
Definitions for ORS 167.502, 167.506 and 167.508
167.502
Sale of certain items at unused property market prohibited
167.506
Recordkeeping requirements
167.508
Exemptions from ORS 167.502 and 167.506
167.747
Definitions for ORS 167.750 to 167.780
167.750
Definition for ORS 167.755 and 431A.175
167.755
Selling tobacco products or inhalant delivery systems to person under 21 years of age
167.760
Purchase or attempted purchase of tobacco products or inhalant delivery system by person under 21 years of age
167.763
Entry or attempted entry of premises by person under 21 years of age for purpose of assisting with investigation
167.765
Retail store location of tobacco products or inhalant delivery systems
167.770
Display of sign
167.775
Local regulation of vending machines
167.780
Sale or dispensing of tobacco products or inhalant delivery systems by vending machine
167.808
Unlawful possession of inhalants
167.810
Creating a hazard
167.820
Concealing the birth of an infant
167.822
Improper repair of a vehicle inflatable restraint system
167.824
Unlawful possession of undeployed air bags or air bag canisters
167.830
Employment of minors in place of public entertainment
167.840
Application of ORS 167.830 limited
Green check means up to date. Up to date