Offenses Against Persons

ORS 163.215
Definitions for ORS 163.215 to 163.257


As used in ORS 163.215 (Definitions for ORS 163.215 to 163.257) to 163.257 (Custodial interference in the first degree), unless the context requires otherwise:

(1)

“Without consent” means that the taking or confinement is accomplished by force, threat or deception, or, in the case of a person under 16 years of age or who is otherwise incapable of giving consent, that the taking or confinement is accomplished without the consent of the lawful custodian of the person.

(2)

“Lawful custodian” means a parent, guardian or other person responsible by authority of law for the care, custody or control of another.

(3)

“Relative” means a parent, ancestor, brother, sister, uncle or aunt. [1971 c.743 §97]

Notes of Decisions

"Consent" as defined in this section is not applicable in determining whether there has been "enticement" and interference with custody pursuant to ORS 163.245. State v. Scott, 36 Or App 15, 583 P2d 1156 (1978), Sup Ct review denied

Capture of bail violator in Oregon, placing him in handcuffs and leg irons and driving him to California was "taking or confinement...accomplished by force," and his signing bond agreement did not constitute consent to being taken into custody for later violation. State v. Epps, 36 Or App 519, 585 P2d 425 (1978), Sup Ct review denied

Where indictment alleged that defendant took child from its mother at direction of father and father had right to custody, taking was not without consent under this section. State v. Edmiston, 43 Or App 13, 602 P2d 282 (1979)

As one "responsible by authority of law for care, custody or control of another," CSD was "lawful custodian" of children. State v. Gambone, 93 Or App 569, 763 P2d 188 (1988)

Law Review Citations

51 OLR 491 (1972)

§§ 163.215 to 163.257

Notes of Decisions

Trial court properly admitted two handguns found in defendant's possession shortly after alleged commission of crimes of kidnapping and robbery, where crimes were committed with aid of a handgun. State v. Manning, 39 Or App 279, 591 P2d 1195 (1979)

Law Review Citations

51 OLR 428 (1972)

Chapter 163

Law Review Citations

51 OLR 427-637 (1972)


Source

Last accessed
Jun. 26, 2021