Current through 2024 Regular Session legislation effective June 6, 2024
Section 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.