2015 ORS 163.215¹
Definitions for ORS 163.215 to 163.257

As used in ORS 163.215 (Definitions for ORS 163.215 to 163.257) to 163.257 (Custodial interference in the first degree), unless the context requires otherwise:

(1) "Without consent" means that the taking or confinement is accomplished by force, threat or deception, or, in the case of a person under 16 years of age or who is otherwise incapable of giving consent, that the taking or confinement is accomplished without the consent of the lawful custodian of the person.

(2) "Lawful custodian" means a parent, guardian or other person responsible by authority of law for the care, custody or control of another.

(3) "Relative" means a parent, ancestor, brother, sister, uncle or aunt. [1971 c.743 §97]

Notes of Decisions

"Consent" as defined in this sec­tion is not applicable in determining whether there has been "entice­ment" and in­ter­fer­ence with custody pursuant to ORS 163.245 (Custodial interference in the second degree). State v. Scott, 36 Or App 15, 583 P2d 1156 (1978), Sup Ct review denied

Capture of bail violator in Oregon, placing him in handcuffs and leg irons and driving him to California was "taking or confine­ment...accomplished by force," and his signing bond agree­ment did not constitute con­sent to being taken into custody for later viola­tion. State v. Epps, 36 Or App 519, 585 P2d 425 (1978), Sup Ct review denied

Where indict­ment alleged that defendant took child from its mother at direc­tion of father and father had right to custody, taking was not without con­sent under this sec­tion. State v. Edmiston, 43 Or App 13, 602 P2d 282 (1979)

As one "responsible by authority of law for care, custody or control of an­oth­er," CSD was "lawful custodian" of children. State v. Gambone, 93 Or App 569, 763 P2d 188 (1988)

Law Review Cita­tions

51 OLR 491 (1972)

Notes of Decisions

Trial court properly admitted two handguns found in defendant's pos­ses­sion shortly after alleged com­mis­sion of crimes of kidnapping and robbery, where crimes were committed with aid of a handgun. State v. Manning, 39 Or App 279, 591 P2d 1195 (1979)

Law Review Cita­tions

51 OLR 428 (1972)

Chapter 163

Law Review Cita­tions

51 OLR 427-637 (1972)


1 Legislative Counsel Committee, CHAPTER 163—Offenses Against Persons, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors163.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 163, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano163.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.