Statute Text
General definitions.
As used in chapter 743, Oregon Laws 1971, and ORS 166.635, unless the context
requires otherwise:
(1) Dangerous weapon
means any weapon, device, instrument, material or substance which under the
circumstances in which it is used, attempted to be used or threatened to be
used, is readily capable of causing death or serious physical injury.
(2) Deadly
weapon means any instrument, article or substance specifically designed for
and presently capable of causing death or serious physical injury.
(3) Deadly
physical force means physical force that under the circumstances in which it
is used is readily capable of causing death or serious physical injury.
(4) Peace
officer means:
(a) A member of
the Oregon State Police;
(b) A sheriff,
constable, marshal, municipal police officer or reserve officer as defined in
ORS 133.005, or a police officer commissioned by a university under ORS 352.121
or 353.125;
(c) An
investigator of the Criminal Justice Division of the Department of Justice or
investigator of a district attorneys office;
(d) A humane
special agent as defined in ORS 181A.345;
(e) A regulatory
specialist exercising authority described in ORS 471.775 (2);
(f) An authorized
tribal police officer as defined in ORS 181A.940; and
(g) Any other
person designated by law as a peace officer.
(5) Person
means a human being and, where appropriate, a public or private corporation, an
unincorporated association, a partnership, a government or a governmental
instrumentality.
(6) Physical
force includes, but is not limited to, the use of an electrical stun gun, tear
gas or mace.
(7) Physical
injury means impairment of physical condition or substantial pain.
(8) Serious
physical injury means physical injury which creates a substantial risk of
death or which causes serious and protracted disfigurement, protracted
impairment of health or protracted loss or impairment of the function of any
bodily organ.
(9) Possess
means to have physical possession or otherwise to exercise dominion or control
over property.
(10) Public
place means a place to which the general public has access and includes, but
is not limited to, hallways, lobbies and other parts of apartment houses and
hotels not constituting rooms or apartments designed for actual residence, and
highways, streets, schools, places of amusement, parks, playgrounds and
premises used in connection with public passenger transportation. [1971 c.743 §3;
1973 c.139 §1; 1979 c.656 §3; 1991 c.67 §33; 1993 c.625 §4; 1995 c.651 §5; 2011
c.506 §22; 2011 c.641 §2; 2011 c.644 §§23,46; 2012 c.54 §§16,17; 2012 c.67 §§9,10;
2013 c.180 §§23,24; 2015 c.174 §11; 2015 c.614 §§147,148]
Note:
Legislative Counsel has
substituted chapter 743, Oregon Laws 1971, for the words this Act in
sections 2, 3, 4, 5, 6, 7, 19, 20, 21 and 36, chapter 743, Oregon Laws 1971,
compiled as 161.015, 161.025, 161.035, 161.045, 161.055, 161.085, 161.195,
161.200, 161.205 and 161.295. Specific ORS references have not been
substituted, pursuant to 173.160. These sections may be determined by referring
to the 1971 Comparative Section Table located in Volume 22 of ORS.