ORS 166.385
Possession of hoax destructive device


(1)

A person commits the crime of possession of a hoax destructive device if the person knowingly places another person in fear of serious physical injury by:

(a)

Possessing, manufacturing, selling, delivering, placing or causing to be placed a hoax destructive device; or

(b)

Sending a hoax destructive device to another person.

(2)

Possession of a hoax destructive device is a Class A misdemeanor.

(3)

Notwithstanding subsection (2) of this section, possession of a hoax destructive device is a Class C felony if a person possesses, or threatens to use, a hoax destructive device while the person is committing or attempting to commit a felony.

(4)

As used in this section, “hoax destructive device” means an object that reasonably appears, under the circumstances:

(a)

To be a destructive device, as described in ORS 166.382 (Possession of destructive device prohibited) (1)(a), or an explosive, as defined in ORS 166.660 (Unlawful paramilitary activity), but is an inoperative imitation of a destructive device or explosive; or

(b)

To contain a destructive device, as described in ORS 166.382 (Possession of destructive device prohibited) (1)(a), or an explosive, as defined in ORS 166.660 (Unlawful paramilitary activity). [1997 c.749 §1]
Chapter 166

Law Review Citations

51 OLR 427-637 (1972); 69 OLR 169 (1990)


Source
Last accessed
May. 15, 2020