164.205 Definitions for ORS 164.205 to 164.270. As used in ORS 164.205 to 164.270, except as the context requires otherwise:
(1) “Building,” in addition to its ordinary meaning, includes any booth, vehicle, boat, aircraft or other structure adapted for overnight accommodation of persons or for carrying on business therein. Where a building consists of separate units, including, but not limited to, separate apartments, offices or rented rooms, each unit is, in addition to being a part of such building, a separate building.
(2) “Dwelling” means a building which regularly or intermittently is occupied by a person lodging therein at night, whether or not a person is actually present.
(3) “Enter or remain unlawfully” means:
(a) To enter or remain in or upon premises when the premises, at the time of such entry or remaining, are not open to the public and when the entrant is not otherwise licensed or privileged to do so;
(b) To fail to leave premises that are open to the public after being lawfully directed to do so by the person in charge;
(c) To enter premises that are open to the public after being lawfully directed not to enter the premises; or
(d) To enter or remain in a motor vehicle when the entrant is not authorized to do so.
(4) “Open to the public” means premises which by their physical nature, function, custom, usage, notice or lack thereof or other circumstances at the time would cause a reasonable person to believe that no permission to enter or remain is required.
(5) “Person in charge” means a person, a representative or employee of the person who has lawful control of premises by ownership, tenancy, official position or other legal relationship. “Person in charge” includes, but is not limited to the person, or holder of a position, designated as the p
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 164 — Offenses Against Property
ORS sections in this chapter were amended or repealed by the Legislative Assembly during its 2026 regular session. See the table of ORS sections amended or repealed during the 2026 regular session: 2026 A&R Tables
New sections of law were enacted by the Legislative Assembly during its 2026 regular session and pertain to or are likely to be compiled in this ORS chapter. See sections in the following 2026 Oregon Laws chapters: 2026 Session Laws 0014 ; 2026 Session Laws 0053 ; 2026 Session Laws 0067
2025 EDITION
OFFENSES AGAINST PROPERTY
CRIMES AND PUNISHMENTS
DEFINITIONS
THEFT AND RELATED OFFENSES
MAIL-RELATED OFFENSES
MONEY LAUNDERING
BURGLARY AND CRIMINAL TRESPASS
ARSON, CRIMINAL MISCHIEF AND RELATED OFFENSES
GRAFFITI-RELATED OFFENSES
ROBBERY
LITTERING
UNLAWFUL TRANSPORT
MISCELLANEOUS
DEFINITIONS
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Source location: ORS 164.205 (all printed versions and notes)
Stored source content
164.205 Definitions for ORS 164.205 to 164.270. As used in ORS 164.205 to 164.270, except as the context requires otherwise:
(1) “Building,” in addition to its ordinary meaning, includes any booth, vehicle, boat, aircraft or other structure adapted for overnight accommodation of persons or for carrying on business therein. Where a building consists of separate units, including, but not limited to, separate apartments, offices or rented rooms, each unit is, in addition to being a part of such building, a separate building.
(2) “Dwelling” means a building which regularly or intermittently is occupied by a person lodging therein at night, whether or not a person is actually present.
(3) “Enter or remain unlawfully” means:
(a) To enter or remain in or upon premises when the premises, at the time of such entry or remaining, are not open to the public and when the entrant is not otherwise licensed or privileged to do so;
(b) To fail to leave premises that are open to the public after being lawfully directed to do so by the person in charge;
(c) To enter premises that are open to the public after being lawfully directed not to enter the premises; or
(d) To enter or remain in a motor vehicle when the entrant is not authorized to do so.
(4) “Open to the public” means premises which by their physical nature, function, custom, usage, notice or lack thereof or other circumstances at the time would cause a reasonable person to believe that no permission to enter or remain is required.
(5) “Person in charge” means a person, a representative or employee of the person who has lawful control of premises by ownership, tenancy, official position or other legal relationship. “Person in charge” includes, but is not limited to the person, or holder of a position, designated as the person or position-holder in charge by the Governor, board, commission or governing body of any political subdivision of this state.
(6) “Premises” includes any building and any real property, whether privately or publicly owned. [1971 c.743 §135; 1983 c.740 §33; 1999 c.1040 §10; 2003 c.444 §1; 2015 c.10 §1]
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Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities
161.225 Use of physical force in defense of premises. (1) A person in lawful possession or control of premises is justified in using physical force upon another person when and to the extent that the person reasonably believes it necessary to prevent or terminate what the person reasonably believes to be the commission or attempted commission of a criminal trespass by the other person in or upon the premises.
(2) A person may use deadly physical force under the circumstances set forth in subsection (1) of this section only:
(a) In defense of a person as provided in ORS 161.219; or
(b) When the person reasonably believes it necessary to prevent the commission of arson or a felony by force and violence by the trespasser.
(3) As used in subsection (1) and subsection (2)(a) of this section, “premises” includes any building as defined in ORS 164.205 and any real property. As used in subsection (2)(b) of this section, “premises” includes any building. [1971 c.743 §25]
164.274 Definitions for ORS 164.276 and 164.278. As used in ORS 164.276 and 164.278:
(1) “Coach” means a person who instructs or trains members of a team or directs the strategy of a team participating in a sports event.
(2) “Inappropriate behavior” means:
(a) Engaging in fighting or in violent, tumultuous or threatening behavior;
(b) Violating the rules of conduct governing coaches, team players and spectators at a sports event;
(c) Publicly insulting another person by abusive words or gestures in a manner intended to provoke a violent response; or
(d) Intentionally subjecting another person to offensive physical contact.
(3) “Premises” has the meaning given that term in ORS 164.205.
(4) “Spectator” means any person, other than a team player or coach, who attends a sports event.
(5) “Sports official” has the meaning given that term in ORS 30.882. [2003 c.629 §1]
Note: 164.274 to 164.278 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 164 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
166.116 Interfering with public transportation. (1) A person commits the crime of interfering with public transportation if the person:
(a) Intentionally or knowingly enters or remains unlawfully in or on a public transit vehicle or public transit station;
(b) Intentionally or knowingly interferes with the provision or use of public transportation services by, among other things, interfering with the movement of, or access to, public transit vehicles;
(c) While in or on a public transit vehicle or public transit station, engages in disorderly conduct in the second degree as defined in ORS 166.025;
(d) Subjects a public transportation passenger, employee, agent or security officer or transit police officer to offensive physical contact; or
(e) While in or on a public transit vehicle, knowingly ingests, inhales, ignites, injects or otherwise consumes a controlled substance that is not lawfully possessed by the person.
(2)(a)(A) Interfering with public transportation as provided in subsection (1)(a) of this section is a Class C misdemeanor.
(B) Notwithstanding subparagraph (A) of this paragraph, interfering with public transportation as provided in subsection (1)(a) of this section is a Class A misdemeanor if the person has three or more prior convictions for interfering with public transportation as provided in subsection (1)(a) of this section.
(b) Interfering with public transportation as provided in subsection (1)(b) to (e) of this section is a Class A misdemeanor.
(3) As used in this section:
(a) “Controlled substance” has the meaning given that term in ORS 475.005.
(b) “Enter or remain unlawfully” has the meaning given that term in ORS 164.205.
(c) “Public transit station” includes all facilities, structures, lands and rights of way that are owned, leased
166.395 Securing firearms; penalties; civil liability. (1)(a) An owner or possessor of a firearm shall, at all times that the firearm is not carried by or under the control of the owner, possessor or authorized person, secure the firearm:
(A) With an engaged trigger or cable lock;
(B) In a locked container; or
(C) In a gun room.
(b) For purposes of paragraph (a) of this subsection, a firearm is not secured if:
(A) A key or combination to the trigger or cable lock or the container is readily available to a person the owner or possessor has not authorized to carry or control the firearm.
(B) The firearm is a handgun, is left unattended in a vehicle and is within view of persons outside the vehicle.
(2)(a) A violation of subsection (1) of this section is a Class C violation.
(b) Notwithstanding paragraph (a) of this subsection, a violation of subsection (1) of this section is a Class A violation if a minor obtains an unsecured firearm as a result of the violation and the owner or possessor of the firearm knew or should have known that a minor could gain unauthorized access to the unsecured firearm.
(c) Each firearm owned or possessed in violation of subsection (1) of this section constitutes a separate violation.
(3) If a firearm obtained as a result of an owner or possessor of a firearm violating subsection (1) of this section is used to injure a person or property within two years of the violation, in an action against the owner or possessor to recover damages for the injury, the violation constitutes per se negligence, and the presumption of negligence may not be overcome by a showing that the owner or possessor acted reasonably.
(4) Subsection (3) of this section does not apply if:
(a) The injury results from a lawful act of self-defense or defense of anoth