Oregon Revised Statutes Chapter 30 § 30.813 — Liability of person who enters motor vehicle to remove unattended child or
Oregon Revised Statutes Chapter 30 ·
Oregon Code § 30.813·Enacted ·Last updated March 01, 2026
Statute Text
Liability of person who enters motor vehicle to remove unattended child or
domestic animal; exceptions.
(1) As used in this section, motor vehicle has the meaning given that term in
ORS 801.360.
(2) A person who
enters a motor vehicle, by force or otherwise, to remove a child or domestic
animal left unattended in the motor vehicle is not subject to criminal or civil
liability if the person:
(a) Before
entering the motor vehicle, determines that the motor vehicle is locked or
there is no reasonable method for the child or animal to exit the motor vehicle
without assistance;
(b) Has a good
faith and reasonable belief, based upon the circumstances, that entry into the
motor vehicle is necessary because the child or animal is in imminent danger of
suffering harm;
(c) Before or as
soon as is reasonably practicable after entering the motor vehicle, notifies
law enforcement or emergency services;
(d) Uses no more
force than is necessary to enter the motor vehicle and remove the child or
animal; and
(e) Remains with
the child or animal in a safe location, in reasonable proximity to the motor
vehicle, until law enforcement, emergency services or the owner or operator of
the motor vehicle arrives.
(3) This section
does not limit the liability of a person for gross negligence or for reckless,
wanton or intentional misconduct.
(4) This section
does not limit the liability of a peace officer as defined in ORS 161.015. [2017
c.424 §1]
Plain English Explanation
This Oregon statute addresses Liability of person who enters motor vehicle to remove unattended child or
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 30.813
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
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