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Oregon Revised Statutes

Or. Rev. Stat. § 161.015 (2026)

General definitions

✓ current as of May 2026
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      161.015 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 attorney’s 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.

 

      161.020 [Amended by 1967 c.372 §9; repealed by 1971 c.743 §432]

Notes of Decisions
Cited in 370 cases (131 in the last 5 years), 1973–2026 · leading case: State v. Fries, 158 P.3d 10 (Or. Ct. App. 2007).
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State v. Fries, 158 P.3d 10 (Or. Ct. App. 2007). · cites it 24× “085(7), and "possess," ORS 161.015(9). When the legislature provides a specific meaning for a word used in a statute, courts have no authority to add or subtract from that definition.”
State v. Stone, 532 P.3d 90 (Or. Ct. App. 2023). · cites it 12× “” See ORS 161.015 (stating that its definitions apply to “chapter Cite as 326 Or App 200 (2023) 205 743, Oregon Laws 1971”); Or Laws 1971, ch 743, § 93 (enact- ing provision codified at ORS 163.”
State v. Kurtz, 249 P.3d 1271 (Or. 2011). · cites it 10× “The Court of Appeals turned next to the definition of “peace officer,” set out in ORS 161.015(4), observing that the types of law enforcement officers identified in that statute also shared a common limiting characteristic — they were all agents of an Oregon governmental entity…”
Lambert v. Palmateer, 69 P.3d 725 (Or. Ct. App. 2003). · cites it 14× “ORS 161.015(8) defines a serious physical injury to be an injury that "creates a substantial risk of death or [that] causes serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ.”
State v. Fries, 185 P.3d 453 (Or. 2008). · cites it 7× “” 3 ORS 161.015(9) in turn provides that “ £[p]ossess’ means to have physical possession or otherwise to exercise dominion or control over property.”
State v. Barger, 247 P.3d 309 (Or. 2011). · cites it 8× “" ORS 161.015(9). As this court explained in State v.”
State v. Drew, 460 P.3d 1032 (Or. Ct. App. 2020). · cites it 12× “Baker testified that the phrase “significant physical injury” was “carefully drafted” by looking to the existing definitions of “physical injury” and “serious physical injury” under ORS 161.015, and the case law interpreting those phrases, to determine what qualifies as a…”
State v. Casey, 203 P.3d 202 (Or. 2009). · cites it 6× “” ORS 161.015(9). 3 That definition of “possess,” one of the acts prohibited in ORS 166.”
State v. Cervantes, 223 P.3d 425 (Or. Ct. App. 2009). · cites it 8× “" ORS 161.015(5). For purposes of criminal homicide statutes, the legislature defines the words "human being" to mean "a person who has been born and was alive at the time of the criminal act.”
State v. Brooks, 550 P.2d 440 (Or. 1976). · cites it 12× “465 because the theater in which they performed was not a public place as defined by ORS 161.015(9). They also contend that ORS 163.”
State v. Hendricks, 359 P.3d 294 (Or. Ct. App. 2015). · cites it 6× “ORS 161.015(7), in turn, defines the term “physical injury” as meaning “impairment of physical condition or substantial pain.”
State v. Wiltse, 373 Or. 1 (Or. 2024). · cites it 2× “” ORS 161.015(8) (defining “serious physical injury”).”
Show all 370 citing cases →
— Or. Rev. Stat. § 161.015(1) — 66 cases
Maney v. Angelozzi, 397 P.3d 567 (Or. Ct. App. 2017).
State v. Pachmayr, 185 P.3d 1103 (Or. 2008).
Norwood v. Premo, 403 P.3d 502 (Or. Ct. App. 2017).
State v. Stone, 527 P.3d 800 (Or. Ct. App. 2023).
State v. Kuperus, 251 P.3d 235 (Or. Ct. App. 2011).
— Or. Rev. Stat. § 161.015(10) — 7 cases
State v. Ciancanelli, 121 P.3d 613 (Or. 2005).
Conant v. Stroup, 51 P.3d 1263 (Or. Ct. App. 2002).
State v. Uroza-Zuniga, 439 P.3d 973 (Or. 2019).
State v. Premsingh, 962 P.2d 732 (Or. Ct. App. 1998).
State v. Wimmer, 529 P.3d 307 (Or. Ct. App. 2023).
— Or. Rev. Stat. § 161.015(2) — 17 cases
Norwood v. Premo, 403 P.3d 502 (Or. Ct. App. 2017).
State v. Pachmayr, 185 P.3d 1103 (Or. 2008).
Doe v. Medford Sch. Dist. 549C, 221 P.3d 787 (Or. Ct. App. 2009).
State v. Andrews, 27 P.3d 137 (Or. Ct. App. 2001).
State v. Burris, 348 P.3d 338 (Or. Ct. App. 2015).
— Or. Rev. Stat. § 161.015(3) — 6 cases
State v. Cox, 540 P.3d 36 (Or. Ct. App. 2023).
State v. Luther, 663 P.2d 1261 (Or. Ct. App. 1983).
State v. Butterfield, 549 P.3d 545 (Or. Ct. App. 2024).
State v. Castle, 616 P.2d 510 (Or. Ct. App. 1980).
State v. Lockwood, 603 P.2d 1231 (Or. Ct. App. 1979).
— Or. Rev. Stat. § 161.015(4) — 8 cases
State v. Kurtz, 249 P.3d 1271 (Or. 2011). “The Court of Appeals turned next to the definition of “peace officer,” set out in ORS 161.015(4), observing that the types of law enforcement officers identified in that statute also shared a common limiting characteristic — they were all agents of an Oregon governmental entity…”
State v. Kurtz, 228 P.3d 583 (Or. Ct. App. 2010).
State v. Delaurent, 514 P.3d 113 (Or. Ct. App. 2022).
State v. Cooper, 852 P.2d 948 (Or. Ct. App. 1993).
State v. Ford, 142 P.3d 107 (Or. Ct. App. 2006).
— Or. Rev. Stat. § 161.015(5) — 11 cases
State v. Cervantes, 223 P.3d 425 (Or. Ct. App. 2009). “" ORS 161.015(5). For purposes of criminal homicide statutes, the legislature defines the words "human being" to mean "a person who has been born and was alive at the time of the criminal act.”
State v. Patton, 238 P.3d 439 (Or. Ct. App. 2010).
State Ex Rel. Juv. Dept. v. Fitch, 84 P.3d 190 (Or. Ct. App. 2004).
State v. Hutchins, 383 P.3d 399 (Or. Ct. App. 2016).
State v. Borowski, 220 P.3d 100 (Or. Ct. App. 2009).
— Or. Rev. Stat. § 161.015(6) — 14 cases
State v. Moreno, 402 P.3d 767 (Or. Ct. App. 2017).
State Ex Rel. Juv. Dep't v. Salmon, 730 P.2d 1285 (Or. Ct. App. 1986).
State v. Dillon, 546 P.2d 1090 (Or. Ct. App. 1976).
State v. Brown, 761 P.2d 1300 (Or. 1988).
State v. Steele, 577 P.2d 524 (Or. Ct. App. 1978).
— Or. Rev. Stat. § 161.015(7) — 96 cases
State v. Hart, 193 P.3d 42 (Or. Ct. App. 2008).
State v. Lewis, 337 P.3d 199 (Or. Ct. App. 2014).
State v. Moyle, 705 P.2d 740 (Or. 1985).
State v. Roberts, 427 P.3d 1130 (Or. Ct. App. 2018).
State v. Hendricks, 359 P.3d 294 (Or. Ct. App. 2015). “ORS 161.015(7), in turn, defines the term “physical injury” as meaning “impairment of physical condition or substantial pain.”
— Or. Rev. Stat. § 161.015(8) — 74 cases
Lambert v. Palmateer, 69 P.3d 725 (Or. Ct. App. 2003). “ORS 161.015(8) defines a serious physical injury to be an injury that "creates a substantial risk of death or [that] causes serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ.”
State v. Stone, 532 P.3d 90 (Or. Ct. App. 2023). “” See ORS 161.015 (stating that its definitions apply to “chapter Cite as 326 Or App 200 (2023) 205 743, Oregon Laws 1971”); Or Laws 1971, ch 743, § 93 (enact- ing provision codified at ORS 163.”
State v. Wiltse, 373 Or. 1 (Or. 2024). “” ORS 161.015(8) (defining “serious physical injury”).”
State v. Kinsey, 426 P.3d 674 (Or. Ct. App. 2018).
State v. Arndt, 320 P.3d 104 (Wash. Ct. App. 2014).
— Or. Rev. Stat. § 161.015(9) — 36 cases
State v. Fries, 158 P.3d 10 (Or. Ct. App. 2007). “085(7), and "possess," ORS 161.015(9). When the legislature provides a specific meaning for a word used in a statute, courts have no authority to add or subtract from that definition.”
State v. Fries, 185 P.3d 453 (Or. 2008). “” 3 ORS 161.015(9) in turn provides that “ £[p]ossess’ means to have physical possession or otherwise to exercise dominion or control over property.”
State v. Barger, 247 P.3d 309 (Or. 2011). “" ORS 161.015(9). As this court explained in State v.”
State v. Casey, 203 P.3d 202 (Or. 2009). “” ORS 161.015(9). 3 That definition of “possess,” one of the acts prohibited in ORS 166.”
State v. Brooks, 550 P.2d 440 (Or. 1976). “465 because the theater in which they performed was not a public place as defined by ORS 161.015(9). They also contend that ORS 163.”
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