(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:

Attorney's Note

Under the Oregon Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class C felonyup to 5 yearsup to $125,000
Class A misdemeanorup to 364 daysup to $6,250
For details, see Or. Rev. Stat.161.605 and Or. Rev. Stat.Or. Rev. Stat.161.615

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Terms Used In Oregon Statutes 166.385

  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100

(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]

 

(Duties of Firearm Owners and Possessors)