ORS 166.155
Bias crime in the second degree

(1)

A person commits a bias crime in the second degree if the person:

(a)

Tampers or interferes with property, having no right to do so nor reasonable ground to believe that the person has such right, with the intent to cause substantial inconvenience to another person because of the person’s perception of the other person’s race, color, religion, gender identity, sexual orientation, disability or national origin;

(b)

Intentionally subjects another person to offensive physical contact because of the person’s perception of the other person’s race, color, religion, gender identity, sexual orientation, disability or national origin; or

(c)

Intentionally, because of the person’s perception of race, color, religion, gender identity, sexual orientation, disability or national origin of another person or of a member of the other person’s family, subjects the other person to alarm by threatening:

(A)

To inflict serious physical injury upon or to commit a felony affecting the other person, or a member of the other person’s family; or

(B)

To cause substantial damage to the property of the other person or of a member of the other person’s family.

(2)

A bias crime in the second degree is a Class A misdemeanor.

(3)

As used in this section and ORS 166.165 (Bias crime in the first degree):

(a)

“Gender identity” means an individual’s gender-related identity, appearance, expression or behavior, regardless of whether the identity, appearance, expression or behavior differs from that associated with the gender assigned to the individual at birth.

(b)

“Property” means any tangible personal property or real property. [1981 c.785 §1; 1983 c.521 §1; 1989 c.1029 §1; 2007 c.100 §18; 2011 c.421 §1; 2019 c.553 §1]

ORS 166.165
Bias crime in the first degree

(1)

A person commits a bias crime in the first degree if the person:

(a)

Intentionally, knowingly or recklessly causes physical injury to another person because of the person’s perception of the other person’s race, color, religion, gender identity, sexual orientation, disability or national origin;

(b)

With criminal negligence causes physical injury to another person by means of a deadly weapon because of the person’s perception of the other person’s race, color, religion, gender identity, sexual orientation, disability or national origin; or

(c)

Intentionally, because of the person’s perception of another person’s race, color, religion, gender identity, sexual orientation, disability or national origin, places another person in fear of imminent serious physical injury.

(2)

A bias crime in the first degree is a Class C felony. [1981 c.785 §2; 1983 c.521 §2; 1989 c.1029 §2; 1993 c.332 §1; 1995 c.79 §53; 1997 c.249 §50; 2007 c.100 §19; 2011 c.421 §2; 2019 c.553 §2]

Bias crimes and incidents affect entire communities.  They can make both individuals and entire sections of a population feel unwelcome or unsafe in their community.  Bias crimes and incidents are traumatic for those who experience or witness them and create division and tension among the community. Correctly identifying bias incidents, documenting them in reports, and handling the victims with sensitivity, compassion, and dignity, are essential steps to ensure that bias crimes do not go unreported or uninvestigated.  Holding offenders accountable when they commit a bias crime also demonstrates to the victim, the offender, and the community that bias crimes will not be ignored or tolerated. 

If you are a victim of a bias crime or bias incident, call 911 to report if there is an immediate danger or if the crime is in progress.  If there is no immediate danger and the crime is not in progress call the non-emergency line at 541-693-6911. 

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