2015 ORS 166.155¹
Intimidation in the second degree

(1) A person commits the crime of intimidation in the second degree if the person:

(a) Tampers or interferes with property, having no right to do so nor reasonable ground to believe that the person has such right, with the intent to cause substantial inconvenience to another because of the person’s perception of the other’s race, color, religion, sexual orientation, disability or national origin;

(b) Intentionally subjects another to offensive physical contact because of the person’s perception of the other’s race, color, religion, sexual orientation, disability or national origin; or

(c) Intentionally, because of the person’s perception of race, color, religion, sexual orientation, disability or national origin of another or of a member of the other’s family, subjects the other person to alarm by threatening:

(A) To inflict serious physical injury upon or to commit a felony affecting the other person, or a member of the person’s family; or

(B) To cause substantial damage to the property of the other person or of a member of the other person’s family.

(2) Intimidation in the second degree is a Class A misdemeanor.

(3) For purposes of this section, "property" means any tangible personal property or real property. [1981 c.785 §1; 1983 c.521 §1; 1989 c.1029 §1; 2007 c.100 §18; 2011 c.421 §1]

Notes of Decisions

It is constitu­tionally permissible to punish otherwise crim­i­nal con­duct more severely when it is motivated by racial, ethnic or religious hatred than when it is motivated by individual animosity. State v. Beebe, 67 Or App 738, 680 P2d 11 (1984), Sup Ct review denied

Where defendant and an­oth­er were charged and jointly tried for intimida­tion in first de­gree and other per­son was acquitted, defendant could be convicted and sen­tenced only for intimida­tion in sec­ond de­gree. State v. Martin, 109 Or App 483, 818 P2d 1301 (1991)

Law Review Cita­tions

18 WLR 197 (1982); 28 WLR 455 (1992); 71 OLR 689 (1992); 72 OLR 157 (1993)

Chapter 166

Law Review Cita­tions

51 OLR 427-637 (1972); 69 OLR 169 (1990)


1 Legislative Counsel Committee, CHAPTER 166—Offenses Against Public Order; Firearms and Other Weapons; Racketeering, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors166.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 166, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano166.­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.