162.135 Definitions for ORS 162.135 to 162.205. As used in ORS 162.135 to 162.205, unless the context requires otherwise:
(1)(a) “Contraband” means:
(A) Controlled substances as defined in ORS 475.005;
(B) Drug paraphernalia as defined in ORS 475.525;
(C) Except as otherwise provided in paragraph (b) of this subsection, currency possessed by or in the control of a person confined in a correctional facility; or
(D) Any article or thing which a person confined in a correctional facility, youth correction facility or state hospital is prohibited by statute, rule or order from obtaining or possessing, and whose use would endanger the safety or security of such institution or any person therein.
(b) “Contraband” does not include authorized currency possessed by a person confined in a work release facility.
(2) “Correctional facility” means any place used for the confinement of persons charged with or convicted of a crime or otherwise confined under a court order and includes but is not limited to a youth correction facility. “Correctional facility” applies to a state hospital or a secure intensive community inpatient facility only as to persons detained therein charged with or convicted of a crime, or detained therein after having been found guilty except for insanity of a crime under ORS 161.290 to 161.373.
(3) “Currency” means paper money and coins that are within the correctional institution.
(4) “Custody” means the imposition of actual or constructive restraint by a peace officer or a parole and probation officer as defined in ORS 181A.355, pursuant to an arrest or court order, but does not include detention in a correctional facility, youth correction facility or a state hospital.
(5) “Escape” means the unlawful departure of a person from custody or a correcti
Stored review status: 2025_edition_later_amendments_unresolved. A text match is a research starting point; applicability is not established.
Official chapter context and edition notices
Chapter 162 — Offenses Against the State and Public Justice
ORS sections in this chapter were amended or repealed by the Legislative Assembly during its 2026 regular session. See the table of ORS sections amended or repealed during the 2026 regular session: 2026 A&R Tables
2025 EDITION
STATE AND PUBLIC JUSTICE OFFENSES
CRIMES AND PUNISHMENTS
DEFINITIONS
BRIBERY
PERJURY AND RELATED OFFENSES
ESCAPE, SUPPLYING CONTRABAND AND FAILURE TO APPEAR
OBSTRUCTING GOVERNMENTAL ADMINISTRATION
ABUSE OF PUBLIC OFFICE
INTERFERENCE WITH LEGISLATIVE OPERATIONS
DEFINITIONS
File SHA-256: 6dfad8a645fa6e9832270ebd067928ed2cd6f97ef4ed854a71f46e9af3b75226. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. This page displays the selected Oregon section record with its printed versions and adjoining notes. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: official snapshot extraction not current law verified.
Stable record: oregon_criminal_law:legal_authorities:162.135 Source file: ors162.html Pages: Not recorded – Not recorded Passage SHA-256: c23868a278574ef4367ccb9b88dc0ebc1b60932f97a6a245a2aa266200275096 Retained source evidence SHA-256: 6dfad8a645fa6e9832270ebd067928ed2cd6f97ef4ed854a71f46e9af3b75226
Source location: ORS 162.135 (all printed versions and notes)
Stored source content
162.135 Definitions for ORS 162.135 to 162.205. As used in ORS 162.135 to 162.205, unless the context requires otherwise:
(1)(a) “Contraband” means:
(A) Controlled substances as defined in ORS 475.005;
(B) Drug paraphernalia as defined in ORS 475.525;
(C) Except as otherwise provided in paragraph (b) of this subsection, currency possessed by or in the control of a person confined in a correctional facility; or
(D) Any article or thing which a person confined in a correctional facility, youth correction facility or state hospital is prohibited by statute, rule or order from obtaining or possessing, and whose use would endanger the safety or security of such institution or any person therein.
(b) “Contraband” does not include authorized currency possessed by a person confined in a work release facility.
(2) “Correctional facility” means any place used for the confinement of persons charged with or convicted of a crime or otherwise confined under a court order and includes but is not limited to a youth correction facility. “Correctional facility” applies to a state hospital or a secure intensive community inpatient facility only as to persons detained therein charged with or convicted of a crime, or detained therein after having been found guilty except for insanity of a crime under ORS 161.290 to 161.373.
(3) “Currency” means paper money and coins that are within the correctional institution.
(4) “Custody” means the imposition of actual or constructive restraint by a peace officer or a parole and probation officer as defined in ORS 181A.355, pursuant to an arrest or court order, but does not include detention in a correctional facility, youth correction facility or a state hospital.
(5) “Escape” means the unlawful departure of a person from custody or a correctional facility. “Escape” includes the unauthorized departure or absence from this state or failure to return to this state by a person who is under the jurisdiction of the Psychiatric Security Review Board under ORS 161.315 to 161.351. “Escape” does not include failure to comply with provisions of a conditional release in ORS 135.245.
(6) “Youth correction facility” means:
(a) A youth correction facility as defined in ORS 420.005; and
(b) A detention facility as defined in ORS 419A.004.
(7) “State hospital” means the Oregon State Hospital and any other hospital established by law for similar purposes.
(8) “Unauthorized departure” means the unauthorized departure of a person confined by court order in a youth correction facility or a state hospital that, because of the nature of the court order, is not a correctional facility as defined in this section, or the failure to return to confinement after any form of temporary release or transitional leave from a correctional facility. [1971 c.743 §189; 1973 c.836 §342; 1983 c.740 §28; 1983 c.815 §7; 1985 c.565 §16; 1989 c.790 §53; 1991 c.809 §1; 1993 c.33 §307; 1995 c.738 §2; 1997 c.249 §47; 1999 c.504 §1; 2001 c.295 §8; 2001 c.900 §24; 2005 c.685 §10; 2007 c.14 §3; 2011 c.708 §21; 2013 c.36 §36; 2015 c.318 §8; 2017 c.442 §20; 2019 c.213 §39; 2025 c.118 §1]
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities
161.290 Incapacity due to immaturity. (1) A person who is tried as an adult in a court of criminal jurisdiction is not criminally responsible for any conduct which occurred when the person was under 12 years of age.
(2) Incapacity due to immaturity, as defined in subsection (1) of this section, is a defense. [Formerly 161.380; 1995 c.422 §58]
161.315 Right of state to obtain mental examination of defendant; limitations; report. (1) Upon filing of notice or the introduction of evidence by the defendant as provided in ORS 161.309, the state shall have the right to have at least one psychiatrist or licensed psychologist of its selection examine the defendant. The state shall file notice with the court of its intention to have the defendant examined.
(2)(a) Upon filing of the notice, the court, in its discretion, may order the defendant committed to a state mental hospital or any other suitable facility, if the defendant is 18 years of age or older, for observation and examination, which may include treatment as permitted by law.
(b) If the defendant is under 18 years of age, upon filing of the notice, the court, in its discretion, may order the defendant committed to a secure intensive community inpatient facility designated by the Oregon Health Authority for examination.
(c) The state mental hospital or other facility may retain custody of a defendant committed under this subsection only for the duration necessary to complete the observation and examination of the defendant, not to exceed 30 days.
(3) If the defendant objects to the examiner chosen by the state, the court for good cause shown may direct the state to select a different examiner.
(4) An examiner performing an examination on the issue of insanity of a defendant under this section is not obligated to examine the defendant for fitness to proceed unless, during the examination, the examiner determines that the defendant’s fitness to proceed is drawn in question. If, during the examination, the examiner determines that the defendant’s fitness to proceed is in doubt, the examiner shall report the issue to the court and to the superintendent of th
161.205 Use of physical force generally. The use of physical force upon another person that would otherwise constitute an offense is justifiable and not criminal under any of the following circumstances:
(1)(a) A parent or legal guardian of a minor child may use reasonable physical force upon the minor child when and to the extent the person reasonably believes the physical force is necessary to maintain discipline or promote the welfare of the minor child, unless the physical force constitutes abuse as defined in ORS 418.257 or 419B.005.
(b) Personnel of a public education program, as that term is defined in ORS 339.285, may use reasonable physical force upon a student only to the extent that the application of force is consistent with ORS 339.285 to 339.303 and is not corporal punishment as defined in ORS 339.250 (9).
(2) Subject to ORS 161.237 and 421.107, an authorized official of a jail, prison or correctional facility, including a youth correction facility as defined in ORS 162.135, may use physical force when and to the extent that the official reasonably believes it necessary to maintain order and discipline or as is authorized by law.
(3) A person responsible for the maintenance of order in a common carrier of passengers, or a person acting under the direction of the person, may use physical force when and to the extent that the person reasonably believes it necessary to maintain order, but the person may use deadly physical force only when the person reasonably believes it necessary to prevent death or serious physical injury.
(4) A person acting under a reasonable belief that another person is about to commit suicide or to inflict serious physical self-injury may use physical force upon that person to the extent that the person reasonably believes it nec
161.265 Use of physical force by guard or peace officer employed in correctional facility. (1) Except as provided in ORS 161.237, a guard or other peace officer employed in a correctional facility, as that term is defined in ORS 162.135, is justified in using physical force, including deadly physical force, upon another person if the person poses an imminent threat of physical injury to the guard or peace officer or to a third person or the guard or peace officer reasonably believes it necessary to prevent the escape of a prisoner from a correctional facility. The guard or peace officer may use physical force under this subsection only to the degree that the guard or peace officer reasonably believes necessary to prevent the physical injury or escape.
(2) Notwithstanding subsection (1) of this section, a guard or other peace officer employed by the Department of Corrections may not use deadly physical force in the circumstances described in ORS 161.267 (3). [1971 c.743 §33; 2005 c.431 §3; 2020 s.s.2 c.3 §§4,11]
163.165 Assault in the third degree. (1) A person commits the crime of assault in the third degree if the person:
(a) Recklessly causes serious physical injury to another by means of a deadly or dangerous weapon;
(b) Recklessly causes serious physical injury to another under circumstances manifesting extreme indifference to the value of human life;
(c) Recklessly causes physical injury to another by means of a deadly or dangerous weapon under circumstances manifesting extreme indifference to the value of human life;
(d) Intentionally, knowingly or recklessly causes, by means other than a motor vehicle, physical injury to the operator of a public transit vehicle while the operator is in control of or operating the vehicle. As used in this paragraph, “public transit vehicle” has the meaning given that term in ORS 166.116;
(e) While being aided by another person actually present, intentionally or knowingly causes physical injury to another;
(f) While committed to a youth correction facility, intentionally or knowingly causes physical injury to another knowing the other person is a staff member while the other person is acting in the course of official duty;
(g) Intentionally, knowingly or recklessly causes physical injury to an emergency medical services provider, as defined in ORS 682.025, while the emergency medical services provider is performing official duties;
(h) Being at least 18 years of age, intentionally or knowingly causes physical injury to a child 10 years of age or younger;
(i) Intentionally, knowingly or recklessly causes, by means other than a motor vehicle, physical injury to the operator of a taxi while the operator is in control of the taxi; or
(j) Intentionally, knowingly or recklessly causes physical injury to a flagger or a highway worker w
163.448 Definitions for ORS 163.452 and 163.454. As used in ORS 163.452 and 163.454, “correctional facility” has the meaning given that term in ORS 162.135. [2005 c.488 §2]
166.375 Possession of handgun or ammunition by Department of Corrections authorized staff member; rules. (1) Notwithstanding ORS 162.135 and 162.185 or any Department of Corrections regulation, rule, policy or provision of an employment contract to the contrary, if the department has not provided a secure and locked location for the storage of personal handguns and ammunition by authorized staff, authorized staff may possess a personal handgun and ammunition in the authorized staff member’s personal vehicle when the vehicle is parked in a department parking lot if the authorized staff member:
(a) Is present at a public building owned or occupied by the department;
(b) Has a valid concealed handgun license issued pursuant to ORS 166.291 and 166.292; and
(c) Has secured the personal handgun and ammunition in a closed and locked container designed for the storage of firearms inside the vehicle.
(2)(a) Authorized staff may possess and store only the amount and types of ammunition authorized by the department by written policy or rule.
(b) The department shall adopt written policies or rules to carry out the purposes of this section. The policies or rules shall include, at a minimum, procedures for and responsibilities of authorized staff when possessing and storing personal handguns and ammunition on property owned or occupied by the department under this section.
(3) As used in this section and ORS 423.045:
(a) “Authorized staff” means employees of the department and employees of the State Board of Parole and Post-Prison Supervision and Oregon Corrections Enterprises who are assigned to work in or at a public building owned or occupied by the department.
(b) “Handgun” has the meaning given that term in ORS 166.210.
(c) “Vehicle” means a vehicle that is self-propel
169.740 Standards for juvenile detention facilities. (1) The standards established in ORS 169.076 to 169.078 apply to juveniles detained in juvenile detention facilities.
(2) In addition, juvenile detention facilities shall:
(a) Provide for personal inspection of each juvenile at least once each hour unless a particular situation requires more frequent inspection;
(b) Provide for personal or electronically monitored supervision on each floor where juveniles are detained;
(c) Provide for separation of detained juveniles from the sight and sound of detained adults. Juveniles may not be placed in facilities that are designated for isolation of adult prisoners in order to meet this standard;
(d) Provide for unrestricted contact between 8 a.m. and 5 p.m. for a period of not less than five hours per day between detained juveniles and their attorneys and unrestricted attorney access to the facility for private attorney-client consultation;
(e) Unless otherwise ordered by the juvenile court following a hearing, provide for the private and unrestricted receipt of and sending of mail; except that incoming mail may be opened in the presence of the juvenile upon reasonable suspicion to believe that the mail contains contraband as defined in ORS 162.135 (1) and that incoming packages shall be opened in the presence of the juvenile and their contents may be held until the juvenile is released. The juvenile shall be informed of any confiscated contraband;
(f) Provide for the payment of postage for the juvenile’s mail to an attorney or to federal, state, county or municipal government officials;
(g) Provide for nondispositional counseling and physical exercise of any juvenile held in excess of five judicial days and cause access to the juvenile held in excess of five judicial d
169.750 Restrictions on operation of juvenile detention facilities. A juvenile detention facility may not:
(1) Impose upon a detained juvenile for purposes of discipline or punishment any infliction of or threat of physical injury or pain, deliberate humiliation, physical restraint, withholding of meals, or isolation, or detention under conditions that violate the provisions of subsections (2) to (8) of this section or ORS 169.076 (7) to (11) or (13) to (15) or 169.740;
(2) Use any physical force, other means of physical control or isolation upon a detained juvenile except as reasonably necessary and justified to prevent escape from the facility, physical injury to another person, to protect a detained juvenile from physical self-injury or to prevent destruction of property, or to effectuate the confinement of the juvenile in roomlock or isolation as provided for in ORS 169.090, 169.730 to 169.800, 419A.050 and 419A.052, and for only so long as it appears that the danger exists. A use of force or other physical means of control may not employ:
(a) The use of restraining devices for a purpose other than to prevent physical injury or escape, or, in any case, for a period in excess of six hours. However, the time during which a detained juvenile is being transported to another facility pursuant to court order shall not be counted within the six hours; or
(b) Isolation for a period in excess of six hours;
(3) Use roomlock except for the discipline and punishment of a detained juvenile for violation of a rule of conduct or behavior of the facility as provided for in ORS 169.076 (12) or for conduct that constitutes a crime under the laws of this state or that would justify physical force, control or isolation under subsection (2) of this section;
(4) Cause to be made an