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Oregon Revised Statutes

Or. Rev. Stat. § 163.212 (2026)

Unlawful use of an electrical stun gun, tear gas or mace in the second degree

✓ current as of May 2026
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      163.212 Unlawful use of an electrical stun gun, tear gas or mace in the second degree. (1) A person commits the crime of unlawful use of an electrical stun gun, tear gas or mace in the second degree if the person recklessly discharges an electrical stun gun, tear gas weapon, mace, tear gas, pepper mace or any similar deleterious agent against another person.

      (2) Unlawful use of an electrical stun gun, tear gas or mace in the second degree is a Class A misdemeanor. [1995 c.651 §2]

 

      Note: See note under 163.211.

Notes of Decisions
Cited in 13 cases (11 in the last 5 years), 2001–2026 · leading case: State v. Myers, 202 P.3d 238 (Or. Ct. App. 2009).
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State v. Myers, 202 P.3d 238 (Or. Ct. App. 2009). “175, and one count of unlawful use of a stun gun (a misdemeanor), ORS 163.212. Also on July 15, on defendant’s motion for a continuance, the trial court continued the arraignment until July 20.”
State v. Swinney, 343 Or. App. 22 (Or. Ct. App. 2025). “160 (Count 1); second-degree unlawful use of an elec- trical stun gun, tear gas or mace, ORS 163.212 (Counts 2 and 11); attempted second-degree assault, ORS 161.”
State v. Harris, 25 P.3d 404 (Or. Ct. App. 2001). “” For example, ORS 163.212(1) provides: “A person commits the crime of unlawful use of an electrical stun gun, tear gas or mace in the second degree if the person recklessly discharges an electrical stun gun, tear gas weapon, mace, tear gas, pepper mace or any similar…”
State v. Sepelak, 346 Or. App. 819 (Or. Ct. App. 2026). · cites it 5× “Defendant was charged with one count of unlawful use of mace in the second degree, ORS 163.212 (Count 1),1 and one count of unlawful possession of a firearm, ORS 166.”
State v. Brown, 335 Or. App. 417 (Or. Ct. App. 2024). “255 (Count 6); and three counts of second-degree use of mace, ORS 163.212 (Counts 7, 8, 9). The trial court merged the guilty verdicts on Counts 5 and 6 into a single conviction for first-degree burglary and sen- tenced defendant to a total of 81 months in prison.”
State v. Swinney, 343 Or. App. 22 (Or. Ct. App. 2025). “160 (Count 1); second-degree unlawful use of an elec- trical stun gun, tear gas or mace, ORS 163.212 (Counts 2 and 11); attempted second-degree assault, ORS 161.”
State v. Sepelak, 346 Or. App. 819 (Or. Ct. App. 2026). · cites it 5× “Defendant was charged with one count of unlawful use of mace in the second degree, ORS 163.212 (Count 1),1 and one count of unlawful possession of a firearm, ORS 166.”
State v. Brown, 335 Or. App. 417 (Or. Ct. App. 2024). “255 (Count 6); and three counts of second-degree use of mace, ORS 163.212 (Counts 7, 8, 9). The trial court merged the guilty verdicts on Counts 5 and 6 into a single conviction for first-degree burglary and sen- tenced defendant to a total of 81 months in prison.”
State v. Schiller, 341 Or. App. 91 (Or. Ct. App. 2025). “160(2); and unlawful use of an electrical stun gun, tear gas, or mace in the second degree, ORS 163.212. He assigns error to the trial court’s pretrial ruling that excluded under OEC 4031 evidence that the alleged victim, A, shot a fire- arm at defendant two months prior to the…”
State v. Todd, 500 P.3d 769 (Or. Ct. App. 2021). · cites it 2× “220 (Count 1); and two counts of second-degree use of a stun gun, tear gas or mace, ORS 163.212 (Counts 3 and 4). For the other three counts, the jury returned unanimous guilty verdicts: menacing, ORS 163.”
State v. Schiller, 341 Or. App. 91 (Or. Ct. App. 2025). “160(2); and unlawful use of an electrical stun gun, tear gas, or mace in the second degree, ORS 163.212. He assigns error to the trial court’s pretrial ruling that excluded under OEC 4031 evidence that the alleged victim, A, shot a fire- arm at defendant two months prior to the…”
State v. Larson, 490 P.3d 189 (Or. Ct. App. 2021). “160, and unlawful use of mace, ORS 163.212, arguing that the trial court gave an erroneous jury instruction.”
Show all 13 citing cases →
— Or. Rev. Stat. § 163.212(1) — 1 case
State v. Harris, 25 P.3d 404 (Or. Ct. App. 2001). “” For example, ORS 163.212(1) provides: “A person commits the crime of unlawful use of an electrical stun gun, tear gas or mace in the second degree if the person recklessly discharges an electrical stun gun, tear gas weapon, mace, tear gas, pepper mace or any similar…”
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