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|"I defend people facing bomb making and other destructive device charges in the State of Oregon."|
DESTRUCTIVE DEVICE OFFENSES IN OREGON
ORS 166.382 Possession of destructive device prohibited; exceptions. (1) A person commits the crime of unlawful possession of a destructive device if the person possesses:
(a) Any of the following devices with an explosive, incendiary or poison gas component:
(C) Rocket having a propellant charge of more than four ounces;
(D) Missile having an explosive or incendiary charge of more than one-quarter ounce; or
(E) Mine; or
(b) Any combination of parts either designed or intended for use in converting any device into any destructive device described in paragraph (a) of this subsection and from which a destructive device may be readily assembled.
(2) As used in this section:
(a) “Destructive device” does not include any device which is designed primarily or redesigned primarily for use as a signaling, pyrotechnic, line throwing, safety or similar device.
(b) “Possess” has the meaning given that term in ORS 161.015.
(3) This section does not apply to:
(a) Persons who possess explosives as provided in ORS 480.200 to 480.290.
(b) The possession of an explosive by a member of the Armed Forces of the United States while on active duty and engaged in the performance of official duties or by a member of a regularly organized fire or police department of a public agency while engaged in the performance of official duties.
(c) The possession of an explosive in the course of transportation by way of railroad, water, highway or air while under the jurisdiction of, or in conformity with, regulations adopted by the United States Department of Transportation.
(d) The possession, sale, transfer or manufacture of an explosive by a person acting in accordance with the provisions of any applicable federal law or regulation that provides substantially the same requirements as the comparable provisions of ORS 480.200 to 480.290.
(4) Possession of a destructive device is a Class C felony. [1989 c.982 §1]
166.384 Unlawful manufacture of destructive device. (1) A person commits the crime of unlawful manufacture of a destructive device if the person assembles, produces or otherwise manufactures:
(a) A destructive device, as defined in ORS 166.382; or
(b) A pyrotechnic device containing two or more grains of pyrotechnic charge in violation of chapter 10, Title 18 of the United States Code.
(2) Unlawful manufacture of a destructive device is a Class C felony. [1989 c.982 §2]
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 (1)(a), or an explosive, as defined in ORS 166.660, but is an inoperative imitation of a destructive device or explosive; or
(b) To contain a destructive device, as described in ORS 166.382 (1)(a), or an explosive, as defined in ORS 166.660. [1997 c.749 §1]
David N Lesh
Oregon Defense Lawyer
No cost initial consultation
434 NW 19th Avenue
Portland, OR 97209
TIP: These offenses are most often seen with persons accused of making or possessing homemade bombs.